[0:46] Testing.

[0:47] >> good afternoon and welcome to

[0:49] the hampton city council work

[0:50] session.

[0:53] MADAME Clerk but call the roll,

[0:53] please.

[0:54] >> councilmember bowman?

[0:56] Vice player brown.

[0:57] >> here.

[0:58] >> councilmember campbell.

[0:59] >> present councilmember

[0:59] ferebee.

[1:02] Councilmember harperrer?

[1:02] >> present.

[1:03] >> councilmember mugler?

[1:06] Mayor gray?

[1:06] >> present.

[1:08] And COUNCILMAN Bowman south of

[1:11] town, will not be joining us.

[1:12] Councilmember ferebee will be a

[1:14] bit late but will join us during

[1:15] this meeting, so with that the

[1:17] first item on the agenda is on

[1:19] the infill housing plan book.

[1:23] But we are going to defer that

[1:25] item until MAY 27th meeting.

[1:27] And so --

[1:27] >> yes.

[1:28] >> I need a motion and a second

[1:30] to defer the item.

[1:31] >> MAY I just explain to the

[1:32] public.

[1:33] >> yes, please.

[1:34] >> that the consultant was not

[1:37] able to be here today, after all

[1:39] so they asked if we could

[1:40] reschedule them and we wanted to

[1:41] make sure that the council and

[1:42] the public had the benefit of

[1:43] hearing from the consultant as

[1:45] well as the staff.

[1:46] So we would very much appreciate

[1:47] you making this accommodation.

[1:49] >> okay, yeah, absolutely.

[1:52] So I need a motion and a second

[1:54] to defer this item to

[1:54] MAY 27th.

[1:55] >> so moved.

[1:55] >> second.

[1:56] >> I have a motion and second.

[1:57] Any further discussion on it?

[1:59] All right, MADAME Clerk will you

[2:00] call the roll?

[2:03] Councilmember bowman vice mayor

[2:03] brown?

[2:05] Aye councilmember ferebee?

[2:06] Councilmember harper?

[2:07] Councilmember mugler?

[2:09] And mayor gray?

[2:09] >> aye.

[2:11] And so with that I'll ask the

[2:12] city manager to introduce the

[2:13] next item.

[2:16] >> thank you, MR. Mayor.

[2:20] As council knows but for the

[2:25] benefit of the public, we have

[2:25] been updating our zoning

[2:25] ordinances to make sure we're

[2:25] providing proper protections for

[2:26] public safety, particularly as

[2:30] they relate to our restaurants

[2:32] that have large gatherings and

[2:33] large events.

[2:34] One of the things council had

[2:37] asked us to do was to look at

[2:39] the restaurant 2 use, which is

[2:40] actually currently a zoning

[2:42] administrator permit, but to

[2:44] make sure that we had

[2:45] appropriate safety standards for

[2:47] those, just as we do for

[2:49] restaurant 3s, which are

[2:50] actually use permits by council.

[2:51] So today we're going to be

[2:53] having a briefing from our

[2:54] community development team, and

[2:56] it looks like -- I was going to

[2:57] introduce kim michael but it

[2:59] looks like we're going to have

[3:01] our zoning administrator make

[3:02] that presentation for you today,

[3:06] to get your reaction to the

[3:10] proposed changes.

[3:11] >> good afternoon, mayor,

[3:13] members of council.

[3:14] My name is [Indiscernible] I'm

[3:16] the zoning administrator for the

[3:17] city of hampton.

[3:20] today I am presenting a proposal

[3:23] ordinance amendment related to

[3:24] restaurant 2, establishments

[3:29] under the initiating resolution

[3:30] 26-0054.

[3:31] The purpose of this work session

[3:35] is to review the proposed

[3:36] operational and security

[3:38] standards intended to address

[3:40] late night activity, public

[3:41] safety concerns and

[3:43] compatibility impacts associated

[3:48] with certain restaurant

[3:50] operations.

[3:51] These proposed amendments are

[3:53] intended to modernize the

[3:55] restaurant 2 regulations and

[3:57] better address operational

[3:59] impacts associated with late

[4:02] night entertainment being used

[4:04] specifically amendment --

[4:05] specifically the amendment

[4:08] focuses on establishment that

[4:10] combine four characteristics,

[4:12] alcohol service, loud

[4:14] entertainment, late night

[4:17] operation hours and larger

[4:18] occupancies.

[4:21] The proposal also applies to

[4:22] restaurant 2 standards more

[4:23] closely with the recent

[4:26] restaurant 3 policy directions

[4:28] where operational

[4:32] characteristics are similar.

[4:33] The amendment addresses gaps in

[4:35] the current ordinance related to

[4:37] security staffing, third party

[4:40] promotions and window

[4:42] transparency.

[4:44] Currently the restaurant 2

[4:46] establishments with an adc

[4:47] license MAY operate between the

[4:50] hours of 5 A.M. And midnight.

[4:52] The ordinance also limits live

[4:55] entertainment area to 75 square

[4:57] feet and prohibits

[4:57] [Indiscernible] Similar opening

[4:59] gathering spaces.

[5:00] Existing security requirements

[5:04] are relatively limited.

[5:05] when loud entertainment occurs

[5:08] an attendant is required to

[5:12] monitor the ingress/egress

[5:13] points and the parking areas.

[5:14] Staff believes these

[5:15] standards -- existing standards

[5:17] do not adequately address

[5:19] operational impacts associated

[5:21] with the higher intensity

[5:24] entertainment environments.

[5:27] As a part of the review, staff

[5:29] evaluated how surrounding

[5:33] localities regulated similar

[5:34] establishments the comparison

[5:37] shows that all surveyed

[5:38] localities permit alcohol sales

[5:40] in restaurant settings, however

[5:43] each imposes additional controls

[5:44] related to late night

[5:45] entertainment, late night hours

[5:47] of operation and security

[5:47] requirements.

[5:49] Most localities require security

[5:51] plans and security personnel

[5:53] when establishments operate late

[5:56] at night or offer entertainment

[5:59] activities.

[6:01] This slide continues with the

[6:03] security staffing practices.

[6:05] While the surrounding localities

[6:07] require these requirements under

[6:10] varying conditions, the

[6:11] overarching standards is at

[6:14] least one certified security

[6:16] officer per entrance to monitor

[6:18] the ingress/egress and with

[6:20] additional exterior monitoring

[6:22] of parking lots and surrounding

[6:24] areas depending on the occupancy

[6:27] and operation intensity.

[6:29] The proposed --

[6:30] >> the vice mayor has a

[6:31] question.

[6:32] >> yes, sir?

[6:33] >> no problem.

[6:35] Just to the security in terms of

[6:37] the one per entrance and one in

[6:40] the parking lot, I don't see

[6:42] whether there is any indication

[6:43] of numbers of security based on

[6:47] the numbers of attendees.

[6:53] So these cities don't have one

[6:56] security person per 100 -- you

[6:57] don't see that in other

[6:57] localities?

[7:00] >> the city of newport news has

[7:02] that ratio of one security

[7:04] personnel per 100 on their

[7:04] standard.

[7:10] >> oh, I see, okay.

[7:13] >> and -- let's see --

[7:15] >> I was just trying to figure

[7:17] out how do they come up with how

[7:19] many security persons were

[7:19] needed.

[7:20] >> well, that was a combination

[7:23] of the building code requirement

[7:24] as well as coordination with

[7:26] their police department.

[7:37] >> okay, thank you.

[7:39] >> in summary, surrounding

[7:42] localities commonly impose

[7:44] enhanced requirements when

[7:46] establishments include alcohol

[7:47] service, live entertainment,

[7:49] late night hours and higher

[7:50] occupancy levels.

[7:52] Staff also reviewed how

[7:54] localities regulate third party

[7:55] promotions.

[7:56] The city of course prohibits

[7:58] third party promoters directly

[8:00] through their zoning ordinance,

[8:03] while local restricts them

[8:05] through a conditional use permit

[8:05] conditions.

[8:07] These approaches along with the

[8:08] recent hampton use permit

[8:11] conditions approved by council

[8:13] inform staff of the

[8:13] recommendations to prohibit

[8:15] third party promotions within

[8:23] the proposed amendment.

[8:26] The proposed amendment framework

[8:27] establishes clear operation

[8:30] standards tied directly to

[8:32] higher intensity restaurant

[8:33] occupations -- operations.

[8:36] The amendment would establish an

[8:38] objective of criteria when

[8:39] security is required,

[8:40] distinguish between incidental

[8:42] and intensive live

[8:43] entertainment, prohibit third

[8:46] party promotions and require

[8:48] window transparency during the

[8:51] evening hours of operations to

[8:52] support visibility and

[8:52] oversight.

[8:54] The intent is to create a

[8:56] standard that addresses

[8:58] operational characteristics

[8:59] rather than applying additional

[9:02] restrictions broadly to all

[9:07] restaurant 2 establishments.

[9:08] >> vice mayor brown?

[9:10] >> yeah, I'm sorry.

[9:13] The last bullet, require window

[9:14] transparency during evening

[9:17] operation hours -- help me with

[9:17] that.

[9:21] What about during the day?

[9:24] You said evening hours, you mean

[9:26] transparency, meaning you could

[9:27] be able to see inside the

[9:28] establishment, right?

[9:28] >> yes, sir.

[9:30] >> so what's the difference

[9:32] between the day hours verse you

[9:33] the evening hours in trans

[9:34] parents y?

[9:36] >> well, during the evening

[9:38] hours, it appears in the

[9:39] observation that a lot of the

[9:39] activity which is happening

[9:42] which is a trigger of high risk

[9:43] in that area happens during the

[9:44] late night evening hours, so

[9:47] during the hours of our security

[9:49] plan, which begins at 11 P.M.,

[9:50] that would be the time when the

[9:53] security personnel as well as a

[9:54] certified officer should be

[9:56] present on the site.

[9:58] >> so why aren't we just saying,

[10:00] you know, establishments based

[10:02] on what the code says and what

[10:04] we're asking them to do, at all

[10:07] times, you should be able to see

[10:08] inside of the establishment,

[10:10] evening or daytime?

[10:10] >> okay.

[10:11] >> it just seems like to me, it

[10:15] would be easier.

[10:15] >> okay.

[10:16] We can make a note of that.

[10:20] >> it's just a suggestion.

[10:20] >> yes.

[10:23] All right, we'll make a note of

[10:27] that, sir.

[10:28] Okay, this slide outlines the

[10:30] four conditions that trigger the

[10:33] security requirement.

[10:35] These conditions are alcohol

[10:37] service, intensive live

[10:41] entertainment offered at any

[10:44] time -- excuse me, at any

[10:47] location, occupancy of 100 or

[10:49] more patrons and then an

[10:51] operation beyond 11 P.M.

[10:54] So for that example, if a

[10:55] restaurant establishment

[10:57] indicates through the zoning

[10:58] administrative permit process

[11:00] that they were offering

[11:01] intensive live entertainment at

[11:04] any time, the establishment also

[11:06] serves alcohol, has an occupancy

[11:08] that's greater than a hundred

[11:10] and operates beyond 11 P.M.,

[11:11] that the security requirement

[11:16] would apply from 11 P.M. Until

[11:17] 12:30 A.M.

[11:19] >> so I have one question on

[11:20] that one.

[11:25] Because when you look at the

[11:28] current criteria for live

[11:32] entertainment 2, it says that

[11:35] they can have -- their operating

[11:36] hours going until midnight, and

[11:39] then I guess when you get to

[11:42] beyond midnight, then it kind of

[11:46] kicks you into 3 at that point

[11:46] or --

[11:46] >> 2.

[11:49] 2 A.M. With a use permit.

[11:50] >> okay, so what is the time

[11:52] requirement that kicks you into

[11:55] the next level of restaurant 3,

[11:58] live entertainment 3?

[12:01] >> so at midnight that is where

[12:01] restaurant 2 ends.

[12:02] So they're going to be required

[12:04] to have personnel on site 30

[12:05] minutes after closing.

[12:07] So they have that 30-minute

[12:08] grace period where they have to

[12:10] have a licensed officer or

[12:12] certified officer present on the

[12:12] site.

[12:15] So if they're going to extend

[12:16] their hours beyond 12, so it

[12:18] would be from 12:01 to 2 A.M.

[12:20] Or whatever is granted

[12:21] underneath the restaurant 3,

[12:23] then the city council would

[12:25] apply those conditions to ask

[12:27] for additional requirements.

[12:29] >> so that's when they extend

[12:32] their hours beyond 12, but under

[12:34] 2, though, the additional

[12:37] security hours kick in at

[12:38] 11 o'clock?

[12:39] >> yes.

[12:43] >> so why not push that over to

[12:45] midnight for the restaurant 3,

[12:48] so that there are no extra

[12:52] requirements up until 12 o'clock

[12:53] or 12:02?

[12:55] >> well, the use will end at 2,

[12:57] so the establishment will now

[12:58] that the restaurant 2 use of the

[12:59] entertainment will end at

[13:00] midnight.

[13:01] But if they go beyond that

[13:02] marker, then that's going to be

[13:05] an automatic trigger for the

[13:06] restaurant 3.

[13:07] That additional 30-minute span

[13:09] of security is just to protect

[13:11] the patrons, to ensure they're

[13:13] getting to their cars, they have

[13:15] proper personnel visible inside

[13:16] on the exterior of the building

[13:17] as well as monitoring the

[13:19] parking area.

[13:20] >> no, I understand the need for

[13:23] the security, but I was just

[13:26] wondering why, if the hours

[13:28] indicate a need for higher

[13:29] security, then why not push that

[13:31] into the next level?

[13:35] So if you get permission to

[13:38] operate beyond midnight and

[13:39] you've got to have additional

[13:41] security, so why not have that

[13:44] as the next level of live

[13:44] entertainment?

[13:46] >> can we try a different way of

[13:47] answering this?

[13:48] >> all right.

[13:50] >> with a 2, you're not allowed

[13:51] to go beyond midnight.

[13:51] >> right.

[13:53] >> the only reason why it's

[13:55] listed as 12:30 is for getting

[13:56] people out of the place.

[13:59] So if they wanted to go 12, they

[14:00] automatically have to go for the

[14:01] 3 already.

[14:02] >> okay.

[14:04] So they have to go --

[14:06] >> they would have to apply for

[14:08] a 3 if they're intending to

[14:09] operate beyond midnight.

[14:11] >> so they have to apply fora 3.

[14:12] >> correct.

[14:13] >> I thought you were saying it

[14:14] automatically just kicks you

[14:15] into 3 --

[14:16] >> I think what she was saying

[14:17] trying to say is you wouldn't be

[14:18] eligible for a 2.

[14:21] You would have to apply for the

[14:21] 3.

[14:21] >> I got 'ya.

[14:22] >> which would come to council

[14:24] and then you're right, all of

[14:25] those things would come into

[14:26] play.

[14:28] The only reason why this 12

[14:29] thing comes up is because we

[14:31] don't believe that the security

[14:32] should end the moment you close

[14:33] the restaurant.

[14:34] It should be extended until all

[14:38] the patrons have left.

[14:38] >> okay.

[14:47] >> thank you.

[14:49] To support this [Indiscernible]

[14:50] of this proposal staff is

[14:52] proposing to update the

[14:53] definition for live

[14:54] entertainment.

[14:56] The proposed definition

[14:57] clarifies the live entertainment

[14:59] include artistic, musical or the

[15:02] actual performances delivered in

[15:04] real-time to an in-person

[15:05] audience.

[15:07] The definition also clarifies

[15:10] that purely recorded materials

[15:15] stand alone does not constitute

[15:17] live entertainment.

[15:18] This live entertainment --

[15:22] >> hold on, MS. Burgess.

[15:25] So what is the -- what changes

[15:26] are made here?

[15:27] I don't see what changes were

[15:28] made here in this definition

[15:30] versus the old definition.

[15:31] >> what is --

[15:32] >> because you mentioned -- I'm

[15:35] sorry, ma'am, you mentioned that

[15:37] electronic means of prerecorded

[15:45] music is not considered live

[15:45] entertainment.

[15:50] If someone is performing by a

[15:51] prerecorded soundtrack or call

[15:54] it a track, that's not live

[15:54] entertainment?

[15:55] >> that would be a person that's

[15:57] standing before an audience so

[15:57] live --

[16:00] >> with prerecorded music.

[16:02] >> that's where we're looking at

[16:04] an actual soloist or musical act

[16:05] performing for the audience.

[16:07] >> what's the definition

[16:09] difference then in

[16:11] this definition versus what we

[16:12] previously had?

[16:14] What changes were made?

[16:15] >> pretty much identifying the

[16:17] uses and then on the next slide

[16:21] is going to break down intensive

[16:22] versus incidental.

[16:24] So I just

[16:27] it's giving an overview of

[16:28] what they can do and what will

[16:30] be allowed and then depending on

[16:32] the intensity of the tim live

[16:33] entertainment will dictate

[16:34] whether or not they're required

[16:39] to have security or not.

[16:40] >> if I can help further,

[16:42] they're setting up the

[16:42] definitions that we're going to

[16:44] then get into what applies to

[16:45] each one.

[16:47] But the reason why they're

[16:49] making the clarity here, some

[16:51] restaurants will just play music

[16:52] in the background and we've had

[16:54] questions in the past, does that

[16:56] count as live entertainment or

[16:56] not?

[16:59] Because as a diner, you're

[16:59] experiencing that.

[17:02] They're just trying to clarify

[17:03] here that, if you're playing

[17:05] music in the background as

[17:07] ambiance music, that's not live

[17:08] entertainment, it actually

[17:10] requires a performer.

[17:12] But to your point, if a

[17:14] performer is using a prerecorded

[17:15] track, it is definitely live

[17:16] entertainment.

[17:16] They're just trying to

[17:17] distinguish that.

[17:18] As we go through the

[17:19] presentation you'll see how

[17:20] they're going to distinguish

[17:21] what's required depending upon

[17:25] if it's a small act or a larger

[17:27] act or just karaoke or amplified

[17:31] music and things of that nature.

[17:32] Public safety trends tell us

[17:34] that you don't typically have a

[17:35] problem if you have one acoustic

[17:37] player, like someone playing a

[17:38] guitar.

[17:39] Where you start to get potential

[17:43] problems is when you're having

[17:44] deejays, amplified music, things

[17:45] of that nature.

[17:46] So they're going to walk you

[17:48] through a series of definitions

[17:50] and then say what we're

[17:51] recommending as the appropriate

[17:53] security requirement.

[17:55] Those of those wouldn't be

[17:56] needed because they're not

[17:59] likely to engender the kind of

[18:02] public safety concerns one

[18:07] might have.

[18:08] I think it will be more clear by

[18:10] the time we're done, if you

[18:13] don't mind waiting.

[18:14] >> okay, this slide introduces

[18:16] the distinction between

[18:19] incidental and intensive live

[18:21] entertainment establishments.

[18:23] Incidental live entertainment is

[18:24] intended to cover a lower

[18:26] intensity performance such as

[18:29] solo musicians, live comedy,

[18:31] trivia, spoken word

[18:32] performances.

[18:33] Intensive live entertainment

[18:35] would include performances

[18:38] involving multiple performers,

[18:40] karaoke, deejaying and

[18:42] entertaining formatting

[18:43] incorporating prerecorded audio

[18:45] in conjunction with a live

[18:49] performance activity.

[18:50] This distinction is important

[18:52] because the proposed security

[18:53] requirement would apply

[18:55] specifically to the intensive

[19:01] live entertainment operation.

[19:04] The amendment also proposes a

[19:05] definition and prohibition

[19:08] related to third party promotion

[19:08] activity.

[19:10] The definition is intended to

[19:12] address the arrangement where

[19:14] outside promoters or organizers

[19:17] receive compensations tied to

[19:20] the attendant -- event revenue

[19:21] or separate operational controls

[19:23] of the establishment.

[19:25] Staff concerns is the

[19:27] arrangement can be created --

[19:30] can create operational

[19:31] environments that differ

[19:34] significantly from the approved

[19:37] restaurant use and the increased

[19:40] crowd management and public

[19:42] safety concerns.

[19:44] When the four operational

[19:47] thresholds are met, the security

[19:47] standards would apply.

[19:50] So the proposal would require

[19:54] one certified security officer

[19:57] per 100 occupants monitoring the

[19:59] interior and the ingress and

[20:00] egress points.

[20:02] Two certified officers

[20:05] monitoring the parking areas and

[20:06] exterior of the premise.

[20:08] And these requirements would

[20:10] apply from 11 P.M. Until 30

[20:16] minutes after closing.

[20:18] In addition to the personnel

[20:22] requirements, the proposal would

[20:23] include technology and

[20:24] identification measures.

[20:27] The amendment would require

[20:28] exterior security cameras

[20:30] connected to the hampton police

[20:32] department real-time information

[20:34] center and id scanners used

[20:37] after 11 P.M. To verify

[20:40] patrons' age with the records

[20:41] retained for a minimum of seven

[20:42] days.

[20:43] These measures are intended to

[20:47] support enforcement and improved

[20:47] incident response capabilities

[20:52] and enhanced public safety

[20:55] oversight.

[20:58] To summarize, staff recommends

[21:01] that the security requirements

[21:02] apply only when the four

[21:04] operational characteristics are

[21:05] present, alcohol service,

[21:07] intensive live entertainment and

[21:11] operations beyond 11 P.M. With

[21:14] an occupancy exceeding 100

[21:14] persons.

[21:15] I'm happy to answer any

[21:16] questions that the board MAY

[21:21] have and welcome your feedback.

[21:22] Thank you.

[21:24] >> I do have a question

[21:27] regarding the connection to the

[21:29] real-time information center.

[21:31] so -- and maybe this might be

[21:33] for the officer, but what

[21:35] exactly is required to do then?

[21:36] And I ask that question because

[21:38] in conversations I had recently

[21:40] with one business owner who said

[21:41] that he thought that police

[21:45] would take care of connecting

[21:47] him to the real-time information

[21:49] center, so I was just curious to

[21:51] know what exactly is required in

[21:54] order for that connection to be

[21:58] made, from restaurant cameras to

[21:59] the writ?

[22:00] >> good afternoon, mayor brown,

[22:02] members of council.

[22:04] So the connection from the

[22:05] restaurant cameras for the

[22:07] external cameras to the

[22:09] real-time information center,

[22:11] they have to purchase a box that

[22:13] allows those cameras to talk to

[22:15] our system upstairs.

[22:17] And it's only for the external

[22:17] cameras.

[22:19] So if an incident were to occur,

[22:22] we have real-time visual data

[22:23] and information that can be put

[22:25] out to help, you know, capture

[22:27] anyone who MAY have committed an

[22:30] act of violence in the city.

[22:31] Getting that information out

[22:33] quickly and accurate out quickly

[22:35] makes a huge difference in the

[22:37] overall capability of the

[22:37] investigation.

[22:39] >> okay, all right, thank you.

[22:40] >> yes, sir.

[22:42] >> all right.

[22:44] Other questions from

[22:45] councilmembers?

[22:48] COUNCILWOMAN Mugler?

[22:50] >> MR. Mayor, thank you.

[22:54] The only question I have to ask

[22:56] is a result of your question

[22:59] about the camera links.

[23:04] It seems as if we -- maybe is

[23:05] that something we should add to

[23:09] the checklist for opening a

[23:10] restaurant, because we've had

[23:13] issues in the past with them not

[23:14] being connected?

[23:15] And so maybe that is something

[23:18] we need to do before their

[23:21] occupancy permit is granted.

[23:22] And I don't know whether it

[23:24] should be attached to this

[23:25] particular set of documentation

[23:28] or somewhere else, but I think

[23:32] as an option for us to stay on

[23:33] top of that, that we should do

[23:39] that before we open a business.

[23:41] >> okay, any other questions,

[23:43] comments from councilmembers?

[23:45] All right, okay.

[23:46] So city manager?

[23:48] >> so I just want to be clear:

[23:51] we're sort of debuting these,

[23:53] ultimately we would need to take

[23:54] these back through the planning

[23:56] commission process and then to

[23:57] council for final action.

[24:00] We wanted to do the afternoon

[24:00] work session presentation so

[24:02] that you all had a chance to

[24:03] reflect on the proposals, as

[24:05] well as if there's any community

[24:07] feedback we have ample

[24:08] opportunity, you know as we go

[24:10] through that adoption process.

[24:11] So I didn't want people thinking

[24:13] we're voting on this tonight or

[24:15] anything like that.

[24:17] >> MADAME Mayor --

[24:18] >> manager.

[24:19] >> sorry, manager.

[24:20] >> I get that a lot.

[24:22] >> I wanted to add in one

[24:23] additional slide before we

[24:25] closed out our presentation.

[24:27] We have those additional

[24:28] recommendations, with the

[24:32] security plan of ensuring that

[24:33] we're going to prohibit the

[24:35] third party promoting, the

[24:36] window transparency, after dark

[24:37] and we can make the

[24:38] recommendation from the vice

[24:40] mayor to clean up that language,

[24:42] and make the changes to limit

[24:44] the live entertainment area and

[24:46] then prohibit the dance floor

[24:48] and other similar gathering

[24:50] spaces in addition with this

[24:51] requirement.

[24:53] Just wanted to make sure we

[24:55] clearly articulated that in the

[24:55] presentation.

[24:57] >> okay.

[25:00] And I want to say ditto to what

[25:03] COUNCILWOMAN Mugler said about

[25:05] requiring somehow that a

[25:08] checklist is signed -- I mean, I

[25:10] know we come to this process,

[25:12] use permits are granted, you

[25:14] know, they get a presentation,

[25:18] there are conditions listed, and

[25:20] twice now I've heard restaurant

[25:21] owners when they have a problem,

[25:23] because of things that have

[25:24] occured, they say, well, I

[25:26] didn't know or I didn't know I

[25:27] needed to do that or I didn't

[25:29] know I needed to do this.

[25:31] And I think we should really not

[25:33] be accepting that as an excuse.

[25:36] But just to make sure that they

[25:37] know what's needed, perhaps

[25:39] maybe there's a checklist that

[25:41] needs to happen which makes sure

[25:42] that everything is in place,

[25:45] makes sure that the owner fully

[25:46] understands everything that

[25:47] needs to be in place before they

[25:50] start operating.

[25:54] And we've got a document at hand

[25:56] that they sign saying all these

[25:57] things have been done so I agree

[25:59] with that recommendation, just

[26:01] so we have that as a backup when

[26:03] we get the excuse that "I didn't

[26:04] know."

[26:06] >> well, just to be clear, we

[26:09] are working on a rewrite of our

[26:11] application for our permit to

[26:14] ensure that we're clearly

[26:14] articulating all of the

[26:16] information that we're

[26:17] expressing in our presentation.

[26:18] And so it is noted and I just

[26:20] wanted to put on record that we

[26:22] are working on the rewrite of

[26:24] that application to ensure clear

[26:25] transparency on that.

[26:26] >> okay, all right.

[26:28] Thank you.

[26:29] >> thank you.

[26:32] >> all right, next item, city

[26:32] manager?

[26:34] >> so we are at the tail end of

[26:35] our budget process.

[26:37] Tonight is our scheduled

[26:39] adoption of the fiscal 27

[26:40] budget.

[26:43] And this is really your

[26:44] opportunity to discuss, if there

[26:46] are any changes you want to make

[26:47] tonight or any clarifications

[26:48] about the budget, that you would

[26:50] like to make, of course you get

[26:51] a chance to comment on the

[26:52] budget tonight as well.

[26:54] But if you have amendments we

[26:56] would need to take those this

[26:57] afternoon so we could write the

[26:58] proper language for you to

[26:59] execute those amendments.

[27:02] I did want to make a couple

[27:03] statements for the record,

[27:04] because there have been some

[27:05] things that have been brought up

[27:08] in the course of the budget

[27:10] conversations that we have

[27:11] agreed would be handled either

[27:13] through the end of the year

[27:15] savings process and/or once we

[27:17] get into the new fiscal year

[27:19] with the grant application

[27:22] process, and for transparency

[27:23] purposes I just thought I would

[27:25] note those for the record so the

[27:26] public isn't surprised when and

[27:27] if that happens.

[27:29] One of those is to get hampton

[27:31] officially part of arts

[27:32] festival, the emerging arts

[27:32] festival.

[27:35] It's been some time since we

[27:36] have participated with the

[27:38] virginia arts festival and had

[27:39] hampton featured.

[27:41] We have three really quality

[27:43] performance theaters, of course

[27:46] we have our american university.

[27:47] Hampton university has ogden

[27:48] hall and the virginia peninsula

[27:49] community college has recently

[27:51] re-opened DR. Mary g christian

[27:52] theater.

[27:53] And so we would like to be able

[27:54] to showcase those with the

[28:01] virginia arts festival.

[28:03] Their proposal for that came in

[28:05] after the manager's budget

[28:06] released so we shared that first

[28:07] with the council and also with

[28:10] the arts commission, which was

[28:12] very much in favor of doing

[28:13] that, since the occurring budget

[28:15] process is almost at an end.

[28:16] It was agreed we would do that

[28:18] ultimately out of end of year

[28:20] savings or through the grant

[28:21] portal process that we have once

[28:22] we get into the new year.

[28:26] We also looked at expanding the

[28:27] arts commission grants.

[28:30] We will need to get a statement

[28:32] from the arts commission about

[28:33] how they would do that after we

[28:34] get into the new year.

[28:36] But there was general consensus

[28:39] that those have been cut back

[28:43] from 100,000 to I think 42.500

[28:44] back when we were struggling

[28:47] with the market corrections in

[28:49] the 2008-2010 time period, with

[28:52] a commitment made by the manager

[28:53] at that time when things got

[28:54] better we would look at

[28:55] restoring those.

[28:57] And that had not yet been done.

[28:59] So when I met with arts

[29:01] commission last week, I asked

[29:03] them to put together their

[29:04] formal request after we get into

[29:06] the new year and we will look at

[29:07] doing that with council

[29:09] contingency or end of the year

[29:09] savings.

[29:12] we also had a request that we

[29:14] support the barrett peak

[29:15] foundation as it is moving into

[29:16] their educational phase.

[29:18] We already have partnerships

[29:20] with them around the care of

[29:22] abandoned african american and

[29:24] other cemeteries in our

[29:25] community, but before we can

[29:26] decide on how much of that, we

[29:28] need to get a full application

[29:31] from them detailing their

[29:32] educational and programing

[29:32] needs.

[29:33] But I did want that noted for

[29:37] the record as well.

[29:39] And then there was a request to

[29:41] support the jazz legacy

[29:42] festival, as they're adding

[29:44] another day in hampton.

[29:46] That will go through our cbb

[29:47] support process.

[29:50] But we do see an opportunity to

[29:52] help continue the jazz legacy

[29:53] event in hampton.

[29:54] And last but not least, the

[29:57] state recently came with

[29:59] directions around a state bonus

[30:01] for workers, essential workers

[30:03] that are what we call quasi

[30:04] city, quasi state employees,

[30:06] like the constitutional

[30:08] officers, registrar and some

[30:09] others.

[30:11] And they will send the money for

[30:13] those employees that are on the

[30:15] comp border, their registrar,

[30:19] social services, et cetera

[30:21] payrolls, but we don't -- they

[30:22] don't cover all positions in

[30:24] those offices, and we also

[30:25] believe while those offices are

[30:27] very deserving, all of our

[30:29] workforce is equally deserving.

[30:32] And so we've talked about taking

[30:35] the high performance bonance of

[30:37] 1% that's already embedded in

[30:38] the city budget before you

[30:39] tonight and then looking at end

[30:44] of the year savings to match

[30:46] that so that we could do that

[30:47] bonus for all of our workforce.

[30:49] None of those actually require

[30:50] budget amendments tonight but I

[30:52] wanted them stated for the

[30:53] record so that the public, the

[30:54] workforce and others would know

[30:57] of your intentions.

[30:57] >> all right.

[31:00] Any other questions, comments?

[31:01] COUNCILWOMAN Campbell?

[31:02] >> thank you, MR. Mayor.

[31:03] City manager, there's been some

[31:05] questions online about the

[31:06] virginia budget and how that's

[31:08] going to impact ours, if you

[31:10] could address that.

[31:11] >> certainly.

[31:14] I had to get my mic back on.

[31:14] Certainly.

[31:17] We do not know yet when we will

[31:18] get a state budget.

[31:20] We will get one at some point.

[31:23] But we don't know when.

[31:25] They have gone as late as right

[31:29] before the 1st of JULY in the

[31:29] past.

[31:32] I don't think we've ever gone

[31:34] beyond 1st.

[31:35] But for clarity, the state

[31:37] doesn't have a mechanism for a

[31:41] budget to become automatic, like

[31:43] localities often are required to

[31:43] have.

[31:45] For instance, in hampton, if you

[31:47] do not adopt a budget by

[31:49] JUNE 1st, the manager's

[31:50] recommended budget would

[31:51] obviously become in effect so we

[31:52] could continue to operate.

[31:53] The state does not have a

[31:54] similar provision.

[31:57] So if they went beyond JULY 1st,

[31:58] there would be the equivalent of

[32:01] a government shutdown of sorts.

[32:03] When we were preparing for this

[32:05] the last time we got very close

[32:06] to the deadline.

[32:08] The state made clear that they

[32:10] would reimburse localities for

[32:12] the expenditures, for instance

[32:13] for schools, for the road

[32:14] maintenance and all the other

[32:16] things that we do, the operation

[32:17] of the courts and things like

[32:18] that that would need to

[32:19] continue.

[32:20] So the way it would impact us,

[32:24] if we got to that post JULY 1st,

[32:26] is we would be advancing money

[32:29] and we would ultimately get

[32:29] reimbursed.

[32:30] Any new things of course we

[32:31] would not be in the position to

[32:35] do, but the existing, recurring

[32:37] expenses that have been passed

[32:39] along in the existing current

[32:41] budget would continue.

[32:42] So effectively we would just

[32:44] have to advance the money and we

[32:47] MAY not get paid back as fast.

[32:49] But we do fully expect that

[32:51] there will be a budget by

[32:52] JUNE 30th and we won't be put

[32:53] in that position, but I wanted

[32:56] to sort of answer the question

[32:57] what if?

[32:58] Moreover I just want to note

[32:59] that the budget before you

[33:02] tonight really basically assumed

[33:03] level funding from the state for

[33:07] the things, unless they were

[33:08] absolute increases.

[33:09] So for instance the street and

[33:11] highway maintenance, we did have

[33:12] an increase in those funds

[33:14] because we actually have already

[33:17] been notified of our direct

[33:17] allocation.

[33:19] That's not really dependent upon

[33:20] when the state gets a budget.

[33:23] So we could plan for that.

[33:25] But any like additions they

[33:27] might put for things like

[33:29] schools or other things, neither

[33:31] the schools or us have put those

[33:32] in there yet.

[33:33] So if they do get those extra

[33:35] revenues at some point, we would

[33:36] then have to come back and amend

[33:37] the budget.

[33:40] The budget can only be amended

[33:42] from state or federal revenues,

[33:44] not from new local revenues, but

[33:46] you can amend the budget if you

[33:47] get new state revenues.

[33:49] So if there was a dramatic

[33:51] increase in school funding, for

[33:53] instance, or highway funding or

[33:54] law enforcement funding or any

[33:56] of those things that we weren't

[33:57] anticipating, you would be able

[33:58] to have the opportunity to go

[34:00] back and amend the budget,

[34:02] adding those revenues and then

[34:04] deciding how to spend the

[34:06] .

[34:07] Most of them would have strings

[34:08] attached to them but you could

[34:09] make those determinations.

[34:13] And last but not least -- I will

[34:14] mention because both the house

[34:16] and state have included a

[34:17] sizeable grant for both hampton

[34:19] and newport news to the added to

[34:22] the safer community, it was a

[34:23] $2.5 million grant, we did go

[34:25] ahead and budget for that in our

[34:26] grant fund and used some of the

[34:29] money for things that we already

[34:29] knew were eligible.

[34:31] And I had mentioned to you all

[34:33] before, if that did not come

[34:35] through, we would have to

[34:36] re-adjust by determining that we

[34:37] would have to just free some

[34:40] expenses and not spend them.

[34:41] However, because they were on

[34:43] both the house and senate side,

[34:47] the general wisdom is including

[34:49] from the conferrees that that

[34:50] will likely be in that final

[34:51] budget.

[34:52] What's really at odds with the

[34:53] impasse right now has to do with

[34:55] whether or not to do the data

[34:57] center tax exemptions, and so

[34:58] because we're not really tied up

[34:59] with that discussion, we will

[35:03] likely be fine with the

[35:04] $2.5 million.

[35:05] But if all conventional wisdom

[35:07] went out the window and we lost

[35:08] it, we would come back and tell

[35:10] you what we need to freeze or

[35:11] change, modifying the budget to

[35:17] accommodate for that.

[35:18] >> any other questions, comments

[35:22] from councilmembers?

[35:24] All right, well that's the last

[35:26] presentation for the afternoon

[35:27] session.

[35:30] Are there any regional issues?

[35:33] Is there any items of new

[35:33] business?

[35:35] All right, well, I'm going to

[35:37] ask the clerk to read the motion

[35:39] for closed session.

[35:40] >> the motion required today is

[35:42] to convene a closed session

[35:45] pursuant to virginia code

[35:50] section 2.2-3711a5 to discuss a

[35:51] prospective business for hampton

[35:52] roads center north where no

[35:53] previous announcement has been

[35:55] made of the business interest in

[35:56] locating its facilities in

[36:00] hampton; pursuant to 2.2-3711a3

[36:01] to discuss disposition of

[36:03] publicly owned land in downtown

[36:04] hampton where discussion in open

[36:06] meeting would adversely affect

[36:08] the city's negotiating strategy

[36:09] and consultation with legal

[36:11] counsel regarding legal issue

[36:13] potentially affecting the

[36:17] transaction; and pursuant to

[36:17] 2.2-3711a1, to discuss

[36:18] appointments as lunar eclipsed

[36:19] on the

[36:20] lunar

[36:23] as listed on thegender ad.

[36:24] >> all right, need of need a

[36:26] motion and a second for closed

[36:27] session.

[36:30] >> move approval.

[36:30] >> second.

[36:31] >> all right.

[36:32] MADAME Clerk will you call the

[36:33] call.

[36:33] >> COUNCILWOMAN Bowman?

[36:34] Vice mayor brown.

[36:35] >> aye.

[36:36] >> COUNCILWOMAN Campbell.

[36:36] >> aye.

[36:38] >> COUNCILWOMAN Per if.

[36:39] >> aye.

[36:40] >> councilmember harper?

[36:40] >> aye.

[36:42] >> councilmember harper?

[36:42] >> aye.

[36:44] >> mayor gray?

[36:45] >> aye.So we will reconvene in

[36:50] the lawson conference room at

[36:51] 1:45.

[36:52] And following the closed

[36:54] session, council will reconvene

[36:55] in the open meeting in the same

[36:57] location in order to certify the

[36:58] closed session and then proceed

[37:00] to adjourn the meeting.

[37:11] So lawson conference room 1:45.

City Council Work Session on 2026-05-13 1:00 PM

Agenda

Transcript