1 00:00:46,450 --> 00:00:47,680 Testing. 2 00:00:47,680 --> 00:00:49,649 >> good afternoon and welcome to 3 00:00:49,649 --> 00:00:50,516 the hampton city council work 4 00:00:50,516 --> 00:00:52,516 session. 5 00:00:53,519 --> 00:00:53,853 MADAME Clerk but call the roll, 6 00:00:53,853 --> 00:00:54,520 please. 7 00:00:54,520 --> 00:00:56,520 >> councilmember bowman? 8 00:00:56,856 --> 00:00:57,813 Vice player brown. 9 00:00:57,813 --> 00:00:58,491 >> here. 10 00:00:58,491 --> 00:00:59,359 >> councilmember campbell. 11 00:00:59,359 --> 00:00:59,728 >> present councilmember 12 00:00:59,728 --> 00:01:01,728 ferebee. 13 00:01:02,161 --> 00:01:02,628 Councilmember harperrer? 14 00:01:02,628 --> 00:01:03,296 >> present. 15 00:01:03,296 --> 00:01:05,296 >> councilmember mugler? 16 00:01:06,320 --> 00:01:06,900 Mayor gray? 17 00:01:06,900 --> 00:01:08,669 >> present. 18 00:01:08,669 --> 00:01:11,370 And COUNCILMAN Bowman south of 19 00:01:11,370 --> 00:01:12,839 town, will not be joining us. 20 00:01:12,839 --> 00:01:14,410 Councilmember ferebee will be a 21 00:01:14,410 --> 00:01:15,575 bit late but will join us during 22 00:01:15,575 --> 00:01:17,510 this meeting, so with that the 23 00:01:17,510 --> 00:01:19,946 first item on the agenda is on 24 00:01:19,946 --> 00:01:22,946 the infill housing plan book. 25 00:01:23,650 --> 00:01:25,652 But we are going to defer that 26 00:01:25,652 --> 00:01:27,354 item until MAY 27th meeting. 27 00:01:27,354 --> 00:01:27,754 And so -- 28 00:01:27,754 --> 00:01:28,889 >> yes. 29 00:01:28,889 --> 00:01:30,290 >> I need a motion and a second 30 00:01:30,290 --> 00:01:31,758 to defer the item. 31 00:01:31,758 --> 00:01:32,392 >> MAY I just explain to the 32 00:01:32,392 --> 00:01:33,590 public. 33 00:01:33,590 --> 00:01:34,495 >> yes, please. 34 00:01:34,495 --> 00:01:37,495 >> that the consultant was not 35 00:01:37,898 --> 00:01:39,366 able to be here today, after all 36 00:01:39,366 --> 00:01:40,100 so they asked if we could 37 00:01:40,100 --> 00:01:41,402 reschedule them and we wanted to 38 00:01:41,402 --> 00:01:42,836 make sure that the council and 39 00:01:42,836 --> 00:01:43,971 the public had the benefit of 40 00:01:43,971 --> 00:01:45,272 hearing from the consultant as 41 00:01:45,272 --> 00:01:46,600 well as the staff. 42 00:01:46,600 --> 00:01:47,875 So we would very much appreciate 43 00:01:47,875 --> 00:01:49,843 you making this accommodation. 44 00:01:49,843 --> 00:01:51,843 >> okay, yeah, absolutely. 45 00:01:52,145 --> 00:01:54,140 So I need a motion and a second 46 00:01:54,140 --> 00:01:54,971 to defer this item to 47 00:01:54,971 --> 00:01:55,230 MAY 27th. 48 00:01:55,230 --> 00:01:55,449 >> so moved. 49 00:01:55,449 --> 00:01:56,417 >> second. 50 00:01:56,417 --> 00:01:57,418 >> I have a motion and second. 51 00:01:57,418 --> 00:01:59,386 Any further discussion on it? 52 00:01:59,386 --> 00:02:00,988 All right, MADAME Clerk will you 53 00:02:00,988 --> 00:02:02,988 call the roll? 54 00:02:03,424 --> 00:02:03,958 Councilmember bowman vice mayor 55 00:02:03,958 --> 00:02:05,159 brown? 56 00:02:05,159 --> 00:02:06,361 Aye councilmember ferebee? 57 00:02:06,361 --> 00:02:07,361 Councilmember harper? 58 00:02:07,361 --> 00:02:09,330 Councilmember mugler? 59 00:02:09,330 --> 00:02:09,730 And mayor gray? 60 00:02:09,730 --> 00:02:11,730 >> aye. 61 00:02:11,967 --> 00:02:12,934 And so with that I'll ask the 62 00:02:12,934 --> 00:02:13,634 city manager to introduce the 63 00:02:13,634 --> 00:02:15,634 next item. 64 00:02:16,104 --> 00:02:18,504 >> thank you, MR. Mayor. 65 00:02:20,656 --> 00:02:24,256 As council knows but for the 66 00:02:25,663 --> 00:02:25,733 benefit of the public, we have 67 00:02:25,733 --> 00:02:25,787 been updating our zoning 68 00:02:25,787 --> 00:02:25,841 ordinances to make sure we're 69 00:02:25,841 --> 00:02:26,848 providing proper protections for 70 00:02:26,848 --> 00:02:29,248 public safety, particularly as 71 00:02:30,585 --> 00:02:32,420 they relate to our restaurants 72 00:02:32,420 --> 00:02:33,880 that have large gatherings and 73 00:02:33,880 --> 00:02:34,288 large events. 74 00:02:34,288 --> 00:02:37,888 One of the things council had 75 00:02:37,992 --> 00:02:39,461 asked us to do was to look at 76 00:02:39,461 --> 00:02:40,962 the restaurant 2 use, which is 77 00:02:40,962 --> 00:02:42,630 actually currently a zoning 78 00:02:42,630 --> 00:02:44,463 administrator permit, but to 79 00:02:44,567 --> 00:02:45,667 make sure that we had 80 00:02:45,667 --> 00:02:47,436 appropriate safety standards for 81 00:02:47,436 --> 00:02:49,171 those, just as we do for 82 00:02:49,171 --> 00:02:50,372 restaurant 3s, which are 83 00:02:50,372 --> 00:02:51,807 actually use permits by council. 84 00:02:51,807 --> 00:02:53,742 So today we're going to be 85 00:02:53,742 --> 00:02:54,776 having a briefing from our 86 00:02:54,776 --> 00:02:56,412 community development team, and 87 00:02:56,412 --> 00:02:57,512 it looks like -- I was going to 88 00:02:57,512 --> 00:02:59,681 introduce kim michael but it 89 00:02:59,681 --> 00:03:01,160 looks like we're going to have 90 00:03:01,160 --> 00:03:02,417 our zoning administrator make 91 00:03:02,417 --> 00:03:05,417 that presentation for you today, 92 00:03:06,155 --> 00:03:09,755 to get your reaction to the 93 00:03:10,192 --> 00:03:11,827 proposed changes. 94 00:03:11,827 --> 00:03:13,827 >> good afternoon, mayor, 95 00:03:13,895 --> 00:03:14,763 members of council. 96 00:03:14,763 --> 00:03:16,632 My name is [Indiscernible] I'm 97 00:03:16,632 --> 00:03:17,733 the zoning administrator for the 98 00:03:17,733 --> 00:03:19,733 city of hampton. 99 00:03:20,903 --> 00:03:23,720 today I am presenting a proposal 100 00:03:23,720 --> 00:03:24,306 ordinance amendment related to 101 00:03:24,306 --> 00:03:26,306 restaurant 2, establishments 102 00:03:29,446 --> 00:03:30,120 under the initiating resolution 103 00:03:30,120 --> 00:03:31,414 26-0054. 104 00:03:31,414 --> 00:03:35,140 The purpose of this work session 105 00:03:35,785 --> 00:03:36,386 is to review the proposed 106 00:03:36,386 --> 00:03:38,870 operational and security 107 00:03:38,870 --> 00:03:40,487 standards intended to address 108 00:03:40,490 --> 00:03:41,924 late night activity, public 109 00:03:41,924 --> 00:03:43,659 safety concerns and 110 00:03:43,659 --> 00:03:45,659 compatibility impacts associated 111 00:03:48,932 --> 00:03:50,701 with certain restaurant 112 00:03:50,701 --> 00:03:51,901 operations. 113 00:03:51,901 --> 00:03:53,970 These proposed amendments are 114 00:03:53,970 --> 00:03:55,505 intended to modernize the 115 00:03:55,505 --> 00:03:57,505 restaurant 2 regulations and 116 00:03:57,674 --> 00:03:59,442 better address operational 117 00:03:59,442 --> 00:04:01,842 impacts associated with late 118 00:04:02,812 --> 00:04:04,280 night entertainment being used 119 00:04:04,280 --> 00:04:05,348 specifically amendment -- 120 00:04:05,348 --> 00:04:07,348 specifically the amendment 121 00:04:08,418 --> 00:04:10,720 focuses on establishment that 122 00:04:10,720 --> 00:04:12,356 combine four characteristics, 123 00:04:12,356 --> 00:04:14,324 alcohol service, loud 124 00:04:14,324 --> 00:04:16,324 entertainment, late night 125 00:04:17,600 --> 00:04:18,161 operation hours and larger 126 00:04:18,161 --> 00:04:20,161 occupancies. 127 00:04:21,131 --> 00:04:22,990 The proposal also applies to 128 00:04:22,990 --> 00:04:23,934 restaurant 2 standards more 129 00:04:23,934 --> 00:04:26,136 closely with the recent 130 00:04:26,136 --> 00:04:28,136 restaurant 3 policy directions 131 00:04:28,706 --> 00:04:30,706 where operational 132 00:04:32,309 --> 00:04:33,610 characteristics are similar. 133 00:04:33,610 --> 00:04:35,946 The amendment addresses gaps in 134 00:04:35,946 --> 00:04:37,247 the current ordinance related to 135 00:04:37,247 --> 00:04:39,647 security staffing, third party 136 00:04:40,170 --> 00:04:42,170 promotions and window 137 00:04:42,386 --> 00:04:44,386 transparency. 138 00:04:44,488 --> 00:04:46,123 Currently the restaurant 2 139 00:04:46,123 --> 00:04:47,425 establishments with an adc 140 00:04:47,425 --> 00:04:50,394 license MAY operate between the 141 00:04:50,394 --> 00:04:52,796 hours of 5 A.M. And midnight. 142 00:04:52,796 --> 00:04:55,796 The ordinance also limits live 143 00:04:55,866 --> 00:04:57,340 entertainment area to 75 square 144 00:04:57,340 --> 00:04:57,935 feet and prohibits 145 00:04:57,935 --> 00:04:59,470 [Indiscernible] Similar opening 146 00:04:59,470 --> 00:05:00,871 gathering spaces. 147 00:05:00,871 --> 00:05:02,871 Existing security requirements 148 00:05:04,375 --> 00:05:05,376 are relatively limited. 149 00:05:05,376 --> 00:05:07,776 when loud entertainment occurs 150 00:05:08,212 --> 00:05:11,212 an attendant is required to 151 00:05:12,384 --> 00:05:13,685 monitor the ingress/egress 152 00:05:13,685 --> 00:05:14,886 points and the parking areas. 153 00:05:14,886 --> 00:05:15,754 Staff believes these 154 00:05:15,754 --> 00:05:17,755 standards -- existing standards 155 00:05:17,755 --> 00:05:19,491 do not adequately address 156 00:05:19,491 --> 00:05:21,491 operational impacts associated 157 00:05:21,693 --> 00:05:24,930 with the higher intensity 158 00:05:24,529 --> 00:05:26,529 entertainment environments. 159 00:05:27,499 --> 00:05:29,434 As a part of the review, staff 160 00:05:29,434 --> 00:05:31,434 evaluated how surrounding 161 00:05:33,605 --> 00:05:34,706 localities regulated similar 162 00:05:34,706 --> 00:05:36,706 establishments the comparison 163 00:05:37,776 --> 00:05:38,843 shows that all surveyed 164 00:05:38,843 --> 00:05:40,912 localities permit alcohol sales 165 00:05:40,912 --> 00:05:43,312 in restaurant settings, however 166 00:05:43,548 --> 00:05:44,549 each imposes additional controls 167 00:05:44,549 --> 00:05:45,751 related to late night 168 00:05:45,751 --> 00:05:47,286 entertainment, late night hours 169 00:05:47,286 --> 00:05:47,719 of operation and security 170 00:05:47,719 --> 00:05:49,254 requirements. 171 00:05:49,254 --> 00:05:51,458 Most localities require security 172 00:05:51,458 --> 00:05:53,525 plans and security personnel 173 00:05:53,525 --> 00:05:55,925 when establishments operate late 174 00:05:56,362 --> 00:05:59,310 at night or offer entertainment 175 00:05:59,310 --> 00:06:01,310 activities. 176 00:06:01,600 --> 00:06:03,168 This slide continues with the 177 00:06:03,168 --> 00:06:05,168 security staffing practices. 178 00:06:05,237 --> 00:06:07,637 While the surrounding localities 179 00:06:07,840 --> 00:06:10,420 require these requirements under 180 00:06:10,420 --> 00:06:11,430 varying conditions, the 181 00:06:11,430 --> 00:06:13,443 overarching standards is at 182 00:06:14,180 --> 00:06:16,382 least one certified security 183 00:06:16,382 --> 00:06:18,684 officer per entrance to monitor 184 00:06:18,684 --> 00:06:20,319 the ingress/egress and with 185 00:06:20,319 --> 00:06:22,319 additional exterior monitoring 186 00:06:22,822 --> 00:06:24,458 of parking lots and surrounding 187 00:06:24,458 --> 00:06:27,327 areas depending on the occupancy 188 00:06:27,327 --> 00:06:29,327 and operation intensity. 189 00:06:29,528 --> 00:06:30,730 The proposed -- 190 00:06:30,730 --> 00:06:31,970 >> the vice mayor has a 191 00:06:31,970 --> 00:06:32,265 question. 192 00:06:32,265 --> 00:06:33,667 >> yes, sir? 193 00:06:33,667 --> 00:06:35,667 >> no problem. 194 00:06:35,768 --> 00:06:37,303 Just to the security in terms of 195 00:06:37,303 --> 00:06:40,390 the one per entrance and one in 196 00:06:40,390 --> 00:06:42,800 the parking lot, I don't see 197 00:06:42,800 --> 00:06:43,210 whether there is any indication 198 00:06:43,210 --> 00:06:46,810 of numbers of security based on 199 00:06:47,470 --> 00:06:49,447 the numbers of attendees. 200 00:06:53,920 --> 00:06:56,220 So these cities don't have one 201 00:06:56,220 --> 00:06:57,557 security person per 100 -- you 202 00:06:57,557 --> 00:06:57,958 don't see that in other 203 00:06:57,958 --> 00:06:59,958 localities? 204 00:07:00,600 --> 00:07:02,930 >> the city of newport news has 205 00:07:02,930 --> 00:07:04,432 that ratio of one security 206 00:07:04,432 --> 00:07:04,865 personnel per 100 on their 207 00:07:04,865 --> 00:07:06,865 standard. 208 00:07:10,704 --> 00:07:13,104 >> oh, I see, okay. 209 00:07:13,474 --> 00:07:15,420 >> and -- let's see -- 210 00:07:15,420 --> 00:07:17,912 >> I was just trying to figure 211 00:07:17,912 --> 00:07:19,413 out how do they come up with how 212 00:07:19,413 --> 00:07:19,880 many security persons were 213 00:07:19,880 --> 00:07:20,881 needed. 214 00:07:20,881 --> 00:07:23,384 >> well, that was a combination 215 00:07:23,384 --> 00:07:24,919 of the building code requirement 216 00:07:24,919 --> 00:07:26,120 as well as coordination with 217 00:07:26,120 --> 00:07:28,120 their police department. 218 00:07:37,698 --> 00:07:39,698 >> okay, thank you. 219 00:07:39,967 --> 00:07:41,967 >> in summary, surrounding 220 00:07:42,170 --> 00:07:44,170 localities commonly impose 221 00:07:44,572 --> 00:07:46,700 enhanced requirements when 222 00:07:46,700 --> 00:07:47,341 establishments include alcohol 223 00:07:47,341 --> 00:07:49,341 service, live entertainment, 224 00:07:49,844 --> 00:07:50,511 late night hours and higher 225 00:07:50,511 --> 00:07:52,447 occupancy levels. 226 00:07:52,447 --> 00:07:54,649 Staff also reviewed how 227 00:07:54,649 --> 00:07:55,830 localities regulate third party 228 00:07:55,830 --> 00:07:56,584 promotions. 229 00:07:56,584 --> 00:07:58,586 The city of course prohibits 230 00:07:58,586 --> 00:08:00,889 third party promoters directly 231 00:08:00,889 --> 00:08:03,289 through their zoning ordinance, 232 00:08:03,658 --> 00:08:05,393 while local restricts them 233 00:08:05,393 --> 00:08:05,794 through a conditional use permit 234 00:08:05,794 --> 00:08:07,290 conditions. 235 00:08:07,290 --> 00:08:08,129 These approaches along with the 236 00:08:08,129 --> 00:08:10,529 recent hampton use permit 237 00:08:11,399 --> 00:08:13,680 conditions approved by council 238 00:08:13,680 --> 00:08:13,935 inform staff of the 239 00:08:13,935 --> 00:08:15,604 recommendations to prohibit 240 00:08:15,604 --> 00:08:18,400 third party promotions within 241 00:08:23,278 --> 00:08:25,278 the proposed amendment. 242 00:08:26,548 --> 00:08:27,516 The proposed amendment framework 243 00:08:27,516 --> 00:08:29,516 establishes clear operation 244 00:08:30,152 --> 00:08:32,288 standards tied directly to 245 00:08:32,288 --> 00:08:33,889 higher intensity restaurant 246 00:08:33,889 --> 00:08:35,889 occupations -- operations. 247 00:08:36,792 --> 00:08:38,594 The amendment would establish an 248 00:08:38,594 --> 00:08:39,796 objective of criteria when 249 00:08:39,796 --> 00:08:40,796 security is required, 250 00:08:40,796 --> 00:08:42,796 distinguish between incidental 251 00:08:42,865 --> 00:08:43,633 and intensive live 252 00:08:43,633 --> 00:08:45,633 entertainment, prohibit third 253 00:08:46,135 --> 00:08:48,438 party promotions and require 254 00:08:48,438 --> 00:08:50,838 window transparency during the 255 00:08:51,730 --> 00:08:52,509 evening hours of operations to 256 00:08:52,509 --> 00:08:52,875 support visibility and 257 00:08:52,875 --> 00:08:54,711 oversight. 258 00:08:54,711 --> 00:08:56,445 The intent is to create a 259 00:08:56,445 --> 00:08:58,314 standard that addresses 260 00:08:58,314 --> 00:08:59,882 operational characteristics 261 00:08:59,882 --> 00:09:02,282 rather than applying additional 262 00:09:02,919 --> 00:09:05,319 restrictions broadly to all 263 00:09:07,323 --> 00:09:08,758 restaurant 2 establishments. 264 00:09:08,758 --> 00:09:10,758 >> vice mayor brown? 265 00:09:10,860 --> 00:09:12,860 >> yeah, I'm sorry. 266 00:09:13,162 --> 00:09:14,931 The last bullet, require window 267 00:09:14,931 --> 00:09:16,931 transparency during evening 268 00:09:17,568 --> 00:09:17,868 operation hours -- help me with 269 00:09:17,868 --> 00:09:19,868 that. 270 00:09:21,404 --> 00:09:24,404 What about during the day? 271 00:09:24,674 --> 00:09:26,209 You said evening hours, you mean 272 00:09:26,209 --> 00:09:27,511 transparency, meaning you could 273 00:09:27,511 --> 00:09:28,144 be able to see inside the 274 00:09:28,144 --> 00:09:28,845 establishment, right? 275 00:09:28,845 --> 00:09:30,247 >> yes, sir. 276 00:09:30,247 --> 00:09:32,349 >> so what's the difference 277 00:09:32,349 --> 00:09:33,417 between the day hours verse you 278 00:09:33,417 --> 00:09:34,840 the evening hours in trans 279 00:09:34,840 --> 00:09:36,840 parents y? 280 00:09:36,386 --> 00:09:38,121 >> well, during the evening 281 00:09:38,121 --> 00:09:39,322 hours, it appears in the 282 00:09:39,322 --> 00:09:39,990 observation that a lot of the 283 00:09:39,990 --> 00:09:42,920 activity which is happening 284 00:09:42,920 --> 00:09:43,393 which is a trigger of high risk 285 00:09:43,393 --> 00:09:44,695 in that area happens during the 286 00:09:44,695 --> 00:09:47,970 late night evening hours, so 287 00:09:47,970 --> 00:09:49,199 during the hours of our security 288 00:09:49,199 --> 00:09:50,934 plan, which begins at 11 P.M., 289 00:09:50,934 --> 00:09:53,236 that would be the time when the 290 00:09:53,236 --> 00:09:54,400 security personnel as well as a 291 00:09:54,400 --> 00:09:56,307 certified officer should be 292 00:09:56,307 --> 00:09:58,208 present on the site. 293 00:09:58,208 --> 00:10:00,544 >> so why aren't we just saying, 294 00:10:00,544 --> 00:10:02,944 you know, establishments based 295 00:10:02,947 --> 00:10:04,815 on what the code says and what 296 00:10:04,815 --> 00:10:07,170 we're asking them to do, at all 297 00:10:07,170 --> 00:10:08,218 times, you should be able to see 298 00:10:08,218 --> 00:10:10,521 inside of the establishment, 299 00:10:10,521 --> 00:10:10,921 evening or daytime? 300 00:10:10,921 --> 00:10:11,989 >> okay. 301 00:10:11,989 --> 00:10:15,426 >> it just seems like to me, it 302 00:10:15,426 --> 00:10:15,826 would be easier. 303 00:10:15,826 --> 00:10:16,961 >> okay. 304 00:10:16,961 --> 00:10:20,364 We can make a note of that. 305 00:10:20,364 --> 00:10:20,765 >> it's just a suggestion. 306 00:10:20,765 --> 00:10:22,765 >> yes. 307 00:10:23,340 --> 00:10:27,234 All right, we'll make a note of 308 00:10:27,272 --> 00:10:28,773 that, sir. 309 00:10:28,773 --> 00:10:30,842 Okay, this slide outlines the 310 00:10:30,842 --> 00:10:33,478 four conditions that trigger the 311 00:10:33,478 --> 00:10:35,113 security requirement. 312 00:10:35,113 --> 00:10:37,215 These conditions are alcohol 313 00:10:37,215 --> 00:10:39,215 service, intensive live 314 00:10:41,252 --> 00:10:43,652 entertainment offered at any 315 00:10:44,289 --> 00:10:47,250 time -- excuse me, at any 316 00:10:47,250 --> 00:10:49,425 location, occupancy of 100 or 317 00:10:49,661 --> 00:10:51,196 more patrons and then an 318 00:10:51,196 --> 00:10:53,596 operation beyond 11 P.M. 319 00:10:54,166 --> 00:10:55,600 So for that example, if a 320 00:10:55,600 --> 00:10:57,600 restaurant establishment 321 00:10:57,669 --> 00:10:58,537 indicates through the zoning 322 00:10:58,537 --> 00:11:00,710 administrative permit process 323 00:11:00,710 --> 00:11:01,607 that they were offering 324 00:11:01,607 --> 00:11:04,700 intensive live entertainment at 325 00:11:04,443 --> 00:11:06,179 any time, the establishment also 326 00:11:06,179 --> 00:11:08,514 serves alcohol, has an occupancy 327 00:11:08,514 --> 00:11:10,683 that's greater than a hundred 328 00:11:10,683 --> 00:11:11,984 and operates beyond 11 P.M., 329 00:11:11,984 --> 00:11:14,384 that the security requirement 330 00:11:16,689 --> 00:11:17,690 would apply from 11 P.M. Until 331 00:11:17,690 --> 00:11:19,525 12:30 A.M. 332 00:11:19,525 --> 00:11:20,860 >> so I have one question on 333 00:11:20,860 --> 00:11:22,860 that one. 334 00:11:25,899 --> 00:11:28,768 Because when you look at the 335 00:11:28,768 --> 00:11:31,168 current criteria for live 336 00:11:32,605 --> 00:11:35,500 entertainment 2, it says that 337 00:11:35,441 --> 00:11:36,842 they can have -- their operating 338 00:11:36,842 --> 00:11:39,145 hours going until midnight, and 339 00:11:39,145 --> 00:11:42,782 then I guess when you get to 340 00:11:42,782 --> 00:11:46,190 beyond midnight, then it kind of 341 00:11:46,190 --> 00:11:46,352 kicks you into 3 at that point 342 00:11:46,352 --> 00:11:46,719 or -- 343 00:11:46,719 --> 00:11:48,719 >> 2. 344 00:11:49,455 --> 00:11:50,957 2 A.M. With a use permit. 345 00:11:50,957 --> 00:11:52,292 >> okay, so what is the time 346 00:11:52,292 --> 00:11:55,292 requirement that kicks you into 347 00:11:55,429 --> 00:11:58,640 the next level of restaurant 3, 348 00:11:58,640 --> 00:12:00,640 live entertainment 3? 349 00:12:01,340 --> 00:12:01,668 >> so at midnight that is where 350 00:12:01,668 --> 00:12:02,669 restaurant 2 ends. 351 00:12:02,669 --> 00:12:04,872 So they're going to be required 352 00:12:04,872 --> 00:12:05,839 to have personnel on site 30 353 00:12:05,839 --> 00:12:07,174 minutes after closing. 354 00:12:07,174 --> 00:12:08,375 So they have that 30-minute 355 00:12:08,375 --> 00:12:10,877 grace period where they have to 356 00:12:10,877 --> 00:12:12,179 have a licensed officer or 357 00:12:12,179 --> 00:12:12,479 certified officer present on the 358 00:12:12,479 --> 00:12:14,479 site. 359 00:12:15,490 --> 00:12:16,984 So if they're going to extend 360 00:12:16,984 --> 00:12:18,652 their hours beyond 12, so it 361 00:12:18,652 --> 00:12:20,420 would be from 12:01 to 2 A.M. 362 00:12:20,420 --> 00:12:21,288 Or whatever is granted 363 00:12:21,288 --> 00:12:23,156 underneath the restaurant 3, 364 00:12:23,156 --> 00:12:25,225 then the city council would 365 00:12:25,225 --> 00:12:27,394 apply those conditions to ask 366 00:12:27,394 --> 00:12:29,394 for additional requirements. 367 00:12:29,396 --> 00:12:32,366 >> so that's when they extend 368 00:12:32,366 --> 00:12:34,769 their hours beyond 12, but under 369 00:12:34,769 --> 00:12:36,769 2, though, the additional 370 00:12:37,272 --> 00:12:38,271 security hours kick in at 371 00:12:38,271 --> 00:12:39,807 11 o'clock? 372 00:12:39,807 --> 00:12:41,807 >> yes. 373 00:12:43,770 --> 00:12:45,179 >> so why not push that over to 374 00:12:45,179 --> 00:12:47,579 midnight for the restaurant 3, 375 00:12:48,883 --> 00:12:52,483 so that there are no extra 376 00:12:52,720 --> 00:12:53,688 requirements up until 12 o'clock 377 00:12:53,688 --> 00:12:55,688 or 12:02? 378 00:12:55,890 --> 00:12:57,910 >> well, the use will end at 2, 379 00:12:57,910 --> 00:12:58,492 so the establishment will now 380 00:12:58,492 --> 00:12:59,927 that the restaurant 2 use of the 381 00:12:59,927 --> 00:13:00,294 entertainment will end at 382 00:13:00,294 --> 00:13:01,896 midnight. 383 00:13:01,896 --> 00:13:02,997 But if they go beyond that 384 00:13:02,997 --> 00:13:05,300 marker, then that's going to be 385 00:13:05,300 --> 00:13:06,167 an automatic trigger for the 386 00:13:06,167 --> 00:13:07,602 restaurant 3. 387 00:13:07,602 --> 00:13:09,137 That additional 30-minute span 388 00:13:09,137 --> 00:13:11,372 of security is just to protect 389 00:13:11,372 --> 00:13:13,174 the patrons, to ensure they're 390 00:13:13,174 --> 00:13:15,310 getting to their cars, they have 391 00:13:15,310 --> 00:13:16,678 proper personnel visible inside 392 00:13:16,678 --> 00:13:17,913 on the exterior of the building 393 00:13:17,913 --> 00:13:19,214 as well as monitoring the 394 00:13:19,214 --> 00:13:20,415 parking area. 395 00:13:20,415 --> 00:13:23,510 >> no, I understand the need for 396 00:13:23,510 --> 00:13:26,154 the security, but I was just 397 00:13:26,154 --> 00:13:28,123 wondering why, if the hours 398 00:13:28,123 --> 00:13:29,858 indicate a need for higher 399 00:13:29,858 --> 00:13:31,292 security, then why not push that 400 00:13:31,292 --> 00:13:33,692 into the next level? 401 00:13:35,764 --> 00:13:38,400 So if you get permission to 402 00:13:38,400 --> 00:13:39,835 operate beyond midnight and 403 00:13:39,835 --> 00:13:41,470 you've got to have additional 404 00:13:41,470 --> 00:13:44,406 security, so why not have that 405 00:13:44,406 --> 00:13:44,840 as the next level of live 406 00:13:44,840 --> 00:13:46,174 entertainment? 407 00:13:46,174 --> 00:13:47,543 >> can we try a different way of 408 00:13:47,543 --> 00:13:48,577 answering this? 409 00:13:48,577 --> 00:13:50,790 >> all right. 410 00:13:50,790 --> 00:13:51,547 >> with a 2, you're not allowed 411 00:13:51,547 --> 00:13:51,980 to go beyond midnight. 412 00:13:51,980 --> 00:13:53,820 >> right. 413 00:13:53,820 --> 00:13:55,717 >> the only reason why it's 414 00:13:55,717 --> 00:13:56,852 listed as 12:30 is for getting 415 00:13:56,852 --> 00:13:59,221 people out of the place. 416 00:13:59,221 --> 00:14:00,956 So if they wanted to go 12, they 417 00:14:00,956 --> 00:14:01,857 automatically have to go for the 418 00:14:01,857 --> 00:14:02,925 3 already. 419 00:14:02,925 --> 00:14:04,393 >> okay. 420 00:14:04,393 --> 00:14:06,129 So they have to go -- 421 00:14:06,129 --> 00:14:08,631 >> they would have to apply for 422 00:14:08,631 --> 00:14:09,532 a 3 if they're intending to 423 00:14:09,532 --> 00:14:11,532 operate beyond midnight. 424 00:14:11,867 --> 00:14:12,335 >> so they have to apply fora 3. 425 00:14:12,335 --> 00:14:13,736 >> correct. 426 00:14:13,736 --> 00:14:14,803 >> I thought you were saying it 427 00:14:14,803 --> 00:14:15,271 automatically just kicks you 428 00:14:15,271 --> 00:14:16,673 into 3 -- 429 00:14:16,673 --> 00:14:17,973 >> I think what she was saying 430 00:14:17,973 --> 00:14:18,875 trying to say is you wouldn't be 431 00:14:18,875 --> 00:14:20,875 eligible for a 2. 432 00:14:21,100 --> 00:14:21,244 You would have to apply for the 433 00:14:21,244 --> 00:14:21,944 3. 434 00:14:21,944 --> 00:14:22,912 >> I got 'ya. 435 00:14:22,912 --> 00:14:24,514 >> which would come to council 436 00:14:24,514 --> 00:14:25,849 and then you're right, all of 437 00:14:25,849 --> 00:14:26,249 those things would come into 438 00:14:26,249 --> 00:14:28,249 play. 439 00:14:28,351 --> 00:14:29,886 The only reason why this 12 440 00:14:29,886 --> 00:14:31,187 thing comes up is because we 441 00:14:31,187 --> 00:14:32,622 don't believe that the security 442 00:14:32,622 --> 00:14:33,590 should end the moment you close 443 00:14:33,590 --> 00:14:34,925 the restaurant. 444 00:14:34,925 --> 00:14:38,525 It should be extended until all 445 00:14:38,561 --> 00:14:38,962 the patrons have left. 446 00:14:38,962 --> 00:14:40,962 >> okay. 447 00:14:47,737 --> 00:14:49,540 >> thank you. 448 00:14:49,540 --> 00:14:50,540 To support this [Indiscernible] 449 00:14:50,540 --> 00:14:52,750 of this proposal staff is 450 00:14:52,750 --> 00:14:53,677 proposing to update the 451 00:14:53,677 --> 00:14:54,378 definition for live 452 00:14:54,378 --> 00:14:56,120 entertainment. 453 00:14:56,120 --> 00:14:57,447 The proposed definition 454 00:14:57,447 --> 00:14:59,847 clarifies the live entertainment 455 00:14:59,950 --> 00:15:02,686 include artistic, musical or the 456 00:15:02,686 --> 00:15:04,788 actual performances delivered in 457 00:15:04,788 --> 00:15:05,222 real-time to an in-person 458 00:15:05,222 --> 00:15:07,222 audience. 459 00:15:07,524 --> 00:15:09,924 The definition also clarifies 460 00:15:10,460 --> 00:15:12,860 that purely recorded materials 461 00:15:15,600 --> 00:15:17,100 stand alone does not constitute 462 00:15:17,100 --> 00:15:18,135 live entertainment. 463 00:15:18,135 --> 00:15:20,535 This live entertainment -- 464 00:15:22,406 --> 00:15:24,806 >> hold on, MS. Burgess. 465 00:15:25,476 --> 00:15:26,770 So what is the -- what changes 466 00:15:26,770 --> 00:15:27,545 are made here? 467 00:15:27,545 --> 00:15:28,645 I don't see what changes were 468 00:15:28,645 --> 00:15:30,415 made here in this definition 469 00:15:30,415 --> 00:15:31,182 versus the old definition. 470 00:15:31,182 --> 00:15:32,383 >> what is -- 471 00:15:32,383 --> 00:15:35,383 >> because you mentioned -- I'm 472 00:15:35,486 --> 00:15:37,689 sorry, ma'am, you mentioned that 473 00:15:37,689 --> 00:15:40,890 electronic means of prerecorded 474 00:15:45,329 --> 00:15:45,864 music is not considered live 475 00:15:45,864 --> 00:15:47,864 entertainment. 476 00:15:50,468 --> 00:15:51,669 If someone is performing by a 477 00:15:51,669 --> 00:15:54,690 prerecorded soundtrack or call 478 00:15:54,730 --> 00:15:54,506 it a track, that's not live 479 00:15:54,506 --> 00:15:55,507 entertainment? 480 00:15:55,507 --> 00:15:57,475 >> that would be a person that's 481 00:15:57,475 --> 00:15:57,909 standing before an audience so 482 00:15:57,909 --> 00:15:59,909 live -- 483 00:16:00,879 --> 00:16:02,514 >> with prerecorded music. 484 00:16:02,514 --> 00:16:04,282 >> that's where we're looking at 485 00:16:04,282 --> 00:16:05,351 an actual soloist or musical act 486 00:16:05,351 --> 00:16:07,152 performing for the audience. 487 00:16:07,152 --> 00:16:09,152 >> what's the definition 488 00:16:09,554 --> 00:16:11,490 difference then in 489 00:16:11,490 --> 00:16:12,124 this definition versus what we 490 00:16:12,124 --> 00:16:14,124 previously had? 491 00:16:14,526 --> 00:16:15,527 What changes were made? 492 00:16:15,527 --> 00:16:17,362 >> pretty much identifying the 493 00:16:17,362 --> 00:16:21,300 uses and then on the next slide 494 00:16:21,300 --> 00:16:22,768 is going to break down intensive 495 00:16:22,768 --> 00:16:24,200 versus incidental. 496 00:16:24,200 --> 00:16:26,200 So I just 497 00:16:27,272 --> 00:16:28,473 it's giving an overview of 498 00:16:28,473 --> 00:16:30,342 what they can do and what will 499 00:16:30,342 --> 00:16:32,177 be allowed and then depending on 500 00:16:32,177 --> 00:16:33,345 the intensity of the tim live 501 00:16:33,345 --> 00:16:34,413 entertainment will dictate 502 00:16:34,413 --> 00:16:37,413 whether or not they're required 503 00:16:39,785 --> 00:16:40,719 to have security or not. 504 00:16:40,719 --> 00:16:42,540 >> if I can help further, 505 00:16:42,540 --> 00:16:42,922 they're setting up the 506 00:16:42,922 --> 00:16:44,457 definitions that we're going to 507 00:16:44,457 --> 00:16:45,240 then get into what applies to 508 00:16:45,240 --> 00:16:47,240 each one. 509 00:16:47,660 --> 00:16:49,610 But the reason why they're 510 00:16:49,610 --> 00:16:51,300 making the clarity here, some 511 00:16:51,300 --> 00:16:52,999 restaurants will just play music 512 00:16:52,999 --> 00:16:54,534 in the background and we've had 513 00:16:54,534 --> 00:16:56,503 questions in the past, does that 514 00:16:56,503 --> 00:16:56,836 count as live entertainment or 515 00:16:56,836 --> 00:16:58,836 not? 516 00:16:59,500 --> 00:16:59,672 Because as a diner, you're 517 00:16:59,672 --> 00:17:01,672 experiencing that. 518 00:17:02,308 --> 00:17:03,943 They're just trying to clarify 519 00:17:03,943 --> 00:17:05,578 here that, if you're playing 520 00:17:05,578 --> 00:17:07,446 music in the background as 521 00:17:07,446 --> 00:17:08,414 ambiance music, that's not live 522 00:17:08,414 --> 00:17:10,414 entertainment, it actually 523 00:17:10,617 --> 00:17:12,485 requires a performer. 524 00:17:12,485 --> 00:17:14,321 But to your point, if a 525 00:17:14,321 --> 00:17:15,655 performer is using a prerecorded 526 00:17:15,655 --> 00:17:16,890 track, it is definitely live 527 00:17:16,890 --> 00:17:16,856 entertainment. 528 00:17:16,856 --> 00:17:17,357 They're just trying to 529 00:17:17,357 --> 00:17:18,192 distinguish that. 530 00:17:18,192 --> 00:17:19,590 As we go through the 531 00:17:19,590 --> 00:17:20,460 presentation you'll see how 532 00:17:20,460 --> 00:17:21,461 they're going to distinguish 533 00:17:21,461 --> 00:17:23,861 what's required depending upon 534 00:17:25,632 --> 00:17:27,834 if it's a small act or a larger 535 00:17:27,834 --> 00:17:31,271 act or just karaoke or amplified 536 00:17:31,271 --> 00:17:32,139 music and things of that nature. 537 00:17:32,139 --> 00:17:34,107 Public safety trends tell us 538 00:17:34,107 --> 00:17:35,742 that you don't typically have a 539 00:17:35,742 --> 00:17:37,845 problem if you have one acoustic 540 00:17:37,845 --> 00:17:38,178 player, like someone playing a 541 00:17:38,178 --> 00:17:39,813 guitar. 542 00:17:39,813 --> 00:17:43,830 Where you start to get potential 543 00:17:43,830 --> 00:17:44,451 problems is when you're having 544 00:17:44,451 --> 00:17:45,486 deejays, amplified music, things 545 00:17:45,486 --> 00:17:46,553 of that nature. 546 00:17:46,553 --> 00:17:48,122 So they're going to walk you 547 00:17:48,122 --> 00:17:50,524 through a series of definitions 548 00:17:50,524 --> 00:17:51,825 and then say what we're 549 00:17:51,825 --> 00:17:53,794 recommending as the appropriate 550 00:17:53,794 --> 00:17:55,950 security requirement. 551 00:17:55,950 --> 00:17:56,630 Those of those wouldn't be 552 00:17:56,630 --> 00:17:59,300 needed because they're not 553 00:17:59,367 --> 00:18:02,937 likely to engender the kind of 554 00:18:02,937 --> 00:18:05,337 public safety concerns one 555 00:18:07,175 --> 00:18:08,442 might have. 556 00:18:08,442 --> 00:18:10,378 I think it will be more clear by 557 00:18:10,378 --> 00:18:13,347 the time we're done, if you 558 00:18:13,347 --> 00:18:14,982 don't mind waiting. 559 00:18:14,982 --> 00:18:16,184 >> okay, this slide introduces 560 00:18:16,184 --> 00:18:18,184 the distinction between 561 00:18:19,587 --> 00:18:21,890 incidental and intensive live 562 00:18:21,890 --> 00:18:23,570 entertainment establishments. 563 00:18:23,570 --> 00:18:24,725 Incidental live entertainment is 564 00:18:24,725 --> 00:18:26,361 intended to cover a lower 565 00:18:26,361 --> 00:18:28,761 intensity performance such as 566 00:18:29,798 --> 00:18:31,633 solo musicians, live comedy, 567 00:18:31,633 --> 00:18:32,968 trivia, spoken word 568 00:18:32,968 --> 00:18:33,735 performances. 569 00:18:33,735 --> 00:18:35,703 Intensive live entertainment 570 00:18:35,703 --> 00:18:37,703 would include performances 571 00:18:38,440 --> 00:18:40,440 involving multiple performers, 572 00:18:40,642 --> 00:18:42,642 karaoke, deejaying and 573 00:18:42,677 --> 00:18:43,779 entertaining formatting 574 00:18:43,779 --> 00:18:45,647 incorporating prerecorded audio 575 00:18:45,647 --> 00:18:48,647 in conjunction with a live 576 00:18:49,500 --> 00:18:50,118 performance activity. 577 00:18:50,118 --> 00:18:52,518 This distinction is important 578 00:18:52,854 --> 00:18:53,855 because the proposed security 579 00:18:53,855 --> 00:18:55,855 requirement would apply 580 00:18:55,991 --> 00:18:58,391 specifically to the intensive 581 00:19:01,730 --> 00:19:03,730 live entertainment operation. 582 00:19:04,466 --> 00:19:05,767 The amendment also proposes a 583 00:19:05,767 --> 00:19:07,767 definition and prohibition 584 00:19:08,303 --> 00:19:08,737 related to third party promotion 585 00:19:08,737 --> 00:19:10,606 activity. 586 00:19:10,606 --> 00:19:12,442 The definition is intended to 587 00:19:12,442 --> 00:19:14,777 address the arrangement where 588 00:19:14,777 --> 00:19:17,460 outside promoters or organizers 589 00:19:17,460 --> 00:19:19,446 receive compensations tied to 590 00:19:20,449 --> 00:19:21,517 the attendant -- event revenue 591 00:19:21,517 --> 00:19:23,619 or separate operational controls 592 00:19:23,619 --> 00:19:25,354 of the establishment. 593 00:19:25,354 --> 00:19:27,754 Staff concerns is the 594 00:19:27,991 --> 00:19:30,827 arrangement can be created -- 595 00:19:30,827 --> 00:19:31,594 can create operational 596 00:19:31,594 --> 00:19:33,594 environments that differ 597 00:19:34,664 --> 00:19:37,640 significantly from the approved 598 00:19:37,500 --> 00:19:40,269 restaurant use and the increased 599 00:19:40,269 --> 00:19:42,669 crowd management and public 600 00:19:42,939 --> 00:19:44,841 safety concerns. 601 00:19:44,841 --> 00:19:47,100 When the four operational 602 00:19:47,100 --> 00:19:47,911 thresholds are met, the security 603 00:19:47,911 --> 00:19:49,911 standards would apply. 604 00:19:50,647 --> 00:19:53,647 So the proposal would require 605 00:19:54,284 --> 00:19:56,684 one certified security officer 606 00:19:57,687 --> 00:19:59,220 per 100 occupants monitoring the 607 00:19:59,220 --> 00:20:00,324 interior and the ingress and 608 00:20:00,324 --> 00:20:02,258 egress points. 609 00:20:02,258 --> 00:20:04,258 Two certified officers 610 00:20:05,795 --> 00:20:06,563 monitoring the parking areas and 611 00:20:06,563 --> 00:20:08,198 exterior of the premise. 612 00:20:08,198 --> 00:20:10,567 And these requirements would 613 00:20:10,567 --> 00:20:13,567 apply from 11 P.M. Until 30 614 00:20:16,406 --> 00:20:18,406 minutes after closing. 615 00:20:18,675 --> 00:20:21,675 In addition to the personnel 616 00:20:22,790 --> 00:20:23,848 requirements, the proposal would 617 00:20:23,848 --> 00:20:24,815 include technology and 618 00:20:24,815 --> 00:20:26,815 identification measures. 619 00:20:27,170 --> 00:20:28,318 The amendment would require 620 00:20:28,318 --> 00:20:30,870 exterior security cameras 621 00:20:30,870 --> 00:20:32,589 connected to the hampton police 622 00:20:32,589 --> 00:20:34,589 department real-time information 623 00:20:34,792 --> 00:20:37,628 center and id scanners used 624 00:20:37,628 --> 00:20:40,264 after 11 P.M. To verify 625 00:20:40,264 --> 00:20:41,832 patrons' age with the records 626 00:20:41,832 --> 00:20:42,132 retained for a minimum of seven 627 00:20:42,132 --> 00:20:43,968 days. 628 00:20:43,968 --> 00:20:46,968 These measures are intended to 629 00:20:47,138 --> 00:20:47,905 support enforcement and improved 630 00:20:47,905 --> 00:20:49,905 incident response capabilities 631 00:20:52,410 --> 00:20:54,810 and enhanced public safety 632 00:20:55,120 --> 00:20:57,120 oversight. 633 00:20:58,416 --> 00:21:00,816 To summarize, staff recommends 634 00:21:01,286 --> 00:21:02,787 that the security requirements 635 00:21:02,787 --> 00:21:04,122 apply only when the four 636 00:21:04,122 --> 00:21:05,857 operational characteristics are 637 00:21:05,857 --> 00:21:07,626 present, alcohol service, 638 00:21:07,626 --> 00:21:10,260 intensive live entertainment and 639 00:21:11,764 --> 00:21:14,650 operations beyond 11 P.M. With 640 00:21:14,650 --> 00:21:14,399 an occupancy exceeding 100 641 00:21:14,399 --> 00:21:15,934 persons. 642 00:21:15,934 --> 00:21:16,835 I'm happy to answer any 643 00:21:16,835 --> 00:21:19,835 questions that the board MAY 644 00:21:21,873 --> 00:21:22,774 have and welcome your feedback. 645 00:21:22,774 --> 00:21:24,642 Thank you. 646 00:21:24,642 --> 00:21:27,412 >> I do have a question 647 00:21:27,412 --> 00:21:29,814 regarding the connection to the 648 00:21:29,814 --> 00:21:31,683 real-time information center. 649 00:21:31,683 --> 00:21:33,118 so -- and maybe this might be 650 00:21:33,118 --> 00:21:35,220 for the officer, but what 651 00:21:35,220 --> 00:21:36,955 exactly is required to do then? 652 00:21:36,955 --> 00:21:38,723 And I ask that question because 653 00:21:38,723 --> 00:21:40,359 in conversations I had recently 654 00:21:40,359 --> 00:21:41,560 with one business owner who said 655 00:21:41,560 --> 00:21:44,560 that he thought that police 656 00:21:45,597 --> 00:21:47,799 would take care of connecting 657 00:21:47,799 --> 00:21:49,768 him to the real-time information 658 00:21:49,768 --> 00:21:51,838 center, so I was just curious to 659 00:21:51,838 --> 00:21:54,139 know what exactly is required in 660 00:21:54,139 --> 00:21:57,739 order for that connection to be 661 00:21:58,544 --> 00:21:59,946 made, from restaurant cameras to 662 00:21:59,946 --> 00:22:00,846 the writ? 663 00:22:00,846 --> 00:22:02,382 >> good afternoon, mayor brown, 664 00:22:02,382 --> 00:22:04,382 members of council. 665 00:22:04,450 --> 00:22:05,551 So the connection from the 666 00:22:05,551 --> 00:22:07,419 restaurant cameras for the 667 00:22:07,419 --> 00:22:09,254 external cameras to the 668 00:22:09,254 --> 00:22:11,254 real-time information center, 669 00:22:11,490 --> 00:22:13,659 they have to purchase a box that 670 00:22:13,659 --> 00:22:15,940 allows those cameras to talk to 671 00:22:15,940 --> 00:22:17,940 our system upstairs. 672 00:22:17,196 --> 00:22:17,530 And it's only for the external 673 00:22:17,530 --> 00:22:19,431 cameras. 674 00:22:19,431 --> 00:22:22,101 So if an incident were to occur, 675 00:22:22,101 --> 00:22:23,402 we have real-time visual data 676 00:22:23,402 --> 00:22:25,538 and information that can be put 677 00:22:25,538 --> 00:22:27,173 out to help, you know, capture 678 00:22:27,173 --> 00:22:30,900 anyone who MAY have committed an 679 00:22:30,900 --> 00:22:31,277 act of violence in the city. 680 00:22:31,277 --> 00:22:33,113 Getting that information out 681 00:22:33,113 --> 00:22:35,214 quickly and accurate out quickly 682 00:22:35,214 --> 00:22:37,830 makes a huge difference in the 683 00:22:37,830 --> 00:22:37,517 overall capability of the 684 00:22:37,517 --> 00:22:39,517 investigation. 685 00:22:39,519 --> 00:22:40,520 >> okay, all right, thank you. 686 00:22:40,520 --> 00:22:42,321 >> yes, sir. 687 00:22:42,321 --> 00:22:44,321 >> all right. 688 00:22:44,958 --> 00:22:45,825 Other questions from 689 00:22:45,825 --> 00:22:47,825 councilmembers? 690 00:22:48,228 --> 00:22:50,228 COUNCILWOMAN Mugler? 691 00:22:50,663 --> 00:22:53,630 >> MR. Mayor, thank you. 692 00:22:54,834 --> 00:22:56,669 The only question I have to ask 693 00:22:56,669 --> 00:22:59,720 is a result of your question 694 00:22:59,720 --> 00:23:01,472 about the camera links. 695 00:23:04,111 --> 00:23:05,412 It seems as if we -- maybe is 696 00:23:05,412 --> 00:23:09,120 that something we should add to 697 00:23:09,490 --> 00:23:10,170 the checklist for opening a 698 00:23:10,170 --> 00:23:12,417 restaurant, because we've had 699 00:23:13,420 --> 00:23:14,870 issues in the past with them not 700 00:23:14,870 --> 00:23:15,390 being connected? 701 00:23:15,390 --> 00:23:18,559 And so maybe that is something 702 00:23:18,559 --> 00:23:21,829 we need to do before their 703 00:23:21,829 --> 00:23:22,596 occupancy permit is granted. 704 00:23:22,596 --> 00:23:24,565 And I don't know whether it 705 00:23:24,565 --> 00:23:25,766 should be attached to this 706 00:23:25,766 --> 00:23:28,166 particular set of documentation 707 00:23:28,302 --> 00:23:31,902 or somewhere else, but I think 708 00:23:32,106 --> 00:23:33,774 as an option for us to stay on 709 00:23:33,774 --> 00:23:37,974 top of that, that we should do 710 00:23:39,980 --> 00:23:41,548 that before we open a business. 711 00:23:41,548 --> 00:23:43,384 >> okay, any other questions, 712 00:23:43,384 --> 00:23:45,384 comments from councilmembers? 713 00:23:45,553 --> 00:23:46,453 All right, okay. 714 00:23:46,453 --> 00:23:48,289 So city manager? 715 00:23:48,289 --> 00:23:51,159 >> so I just want to be clear: 716 00:23:51,159 --> 00:23:53,270 we're sort of debuting these, 717 00:23:53,270 --> 00:23:54,762 ultimately we would need to take 718 00:23:54,762 --> 00:23:56,397 these back through the planning 719 00:23:56,397 --> 00:23:57,665 commission process and then to 720 00:23:57,665 --> 00:24:00,650 council for final action. 721 00:24:00,101 --> 00:24:00,802 We wanted to do the afternoon 722 00:24:00,802 --> 00:24:02,570 work session presentation so 723 00:24:02,570 --> 00:24:03,705 that you all had a chance to 724 00:24:03,705 --> 00:24:05,874 reflect on the proposals, as 725 00:24:05,874 --> 00:24:07,420 well as if there's any community 726 00:24:07,420 --> 00:24:08,176 feedback we have ample 727 00:24:08,176 --> 00:24:10,478 opportunity, you know as we go 728 00:24:10,478 --> 00:24:11,479 through that adoption process. 729 00:24:11,479 --> 00:24:13,214 So I didn't want people thinking 730 00:24:13,214 --> 00:24:15,951 we're voting on this tonight or 731 00:24:15,951 --> 00:24:17,819 anything like that. 732 00:24:17,819 --> 00:24:18,486 >> MADAME Mayor -- 733 00:24:18,486 --> 00:24:19,540 >> manager. 734 00:24:19,540 --> 00:24:20,856 >> sorry, manager. 735 00:24:20,856 --> 00:24:22,457 >> I get that a lot. 736 00:24:22,457 --> 00:24:23,992 >> I wanted to add in one 737 00:24:23,992 --> 00:24:25,794 additional slide before we 738 00:24:25,794 --> 00:24:27,929 closed out our presentation. 739 00:24:27,929 --> 00:24:28,797 We have those additional 740 00:24:28,797 --> 00:24:30,797 recommendations, with the 741 00:24:32,334 --> 00:24:33,602 security plan of ensuring that 742 00:24:33,602 --> 00:24:35,137 we're going to prohibit the 743 00:24:35,137 --> 00:24:36,672 third party promoting, the 744 00:24:36,672 --> 00:24:37,639 window transparency, after dark 745 00:24:37,639 --> 00:24:38,775 and we can make the 746 00:24:38,775 --> 00:24:40,843 recommendation from the vice 747 00:24:40,843 --> 00:24:42,477 mayor to clean up that language, 748 00:24:42,477 --> 00:24:44,446 and make the changes to limit 749 00:24:44,446 --> 00:24:46,448 the live entertainment area and 750 00:24:46,448 --> 00:24:48,751 then prohibit the dance floor 751 00:24:48,751 --> 00:24:50,719 and other similar gathering 752 00:24:50,719 --> 00:24:51,253 spaces in addition with this 753 00:24:51,253 --> 00:24:53,253 requirement. 754 00:24:53,789 --> 00:24:55,291 Just wanted to make sure we 755 00:24:55,291 --> 00:24:55,724 clearly articulated that in the 756 00:24:55,724 --> 00:24:57,494 presentation. 757 00:24:57,494 --> 00:24:59,494 >> okay. 758 00:25:00,564 --> 00:25:03,533 And I want to say ditto to what 759 00:25:03,533 --> 00:25:05,933 COUNCILWOMAN Mugler said about 760 00:25:05,935 --> 00:25:08,104 requiring somehow that a 761 00:25:08,104 --> 00:25:10,974 checklist is signed -- I mean, I 762 00:25:10,974 --> 00:25:12,942 know we come to this process, 763 00:25:12,942 --> 00:25:14,744 use permits are granted, you 764 00:25:14,744 --> 00:25:17,744 know, they get a presentation, 765 00:25:18,381 --> 00:25:20,149 there are conditions listed, and 766 00:25:20,149 --> 00:25:21,784 twice now I've heard restaurant 767 00:25:21,784 --> 00:25:23,190 owners when they have a problem, 768 00:25:23,190 --> 00:25:24,921 because of things that have 769 00:25:24,921 --> 00:25:26,890 occured, they say, well, I 770 00:25:26,890 --> 00:25:27,490 didn't know or I didn't know I 771 00:25:27,490 --> 00:25:29,793 needed to do that or I didn't 772 00:25:29,793 --> 00:25:31,194 know I needed to do this. 773 00:25:31,194 --> 00:25:33,830 And I think we should really not 774 00:25:33,830 --> 00:25:36,266 be accepting that as an excuse. 775 00:25:36,266 --> 00:25:37,567 But just to make sure that they 776 00:25:37,567 --> 00:25:39,536 know what's needed, perhaps 777 00:25:39,536 --> 00:25:41,538 maybe there's a checklist that 778 00:25:41,538 --> 00:25:42,673 needs to happen which makes sure 779 00:25:42,673 --> 00:25:45,442 that everything is in place, 780 00:25:45,442 --> 00:25:46,109 makes sure that the owner fully 781 00:25:46,109 --> 00:25:47,778 understands everything that 782 00:25:47,778 --> 00:25:50,948 needs to be in place before they 783 00:25:50,948 --> 00:25:52,948 start operating. 784 00:25:54,118 --> 00:25:56,530 And we've got a document at hand 785 00:25:56,530 --> 00:25:57,254 that they sign saying all these 786 00:25:57,254 --> 00:25:59,230 things have been done so I agree 787 00:25:59,230 --> 00:26:01,423 with that recommendation, just 788 00:26:01,525 --> 00:26:03,927 so we have that as a backup when 789 00:26:03,927 --> 00:26:04,495 we get the excuse that "I didn't 790 00:26:04,495 --> 00:26:06,290 know." 791 00:26:06,290 --> 00:26:09,629 >> well, just to be clear, we 792 00:26:09,967 --> 00:26:11,168 are working on a rewrite of our 793 00:26:11,168 --> 00:26:14,138 application for our permit to 794 00:26:14,138 --> 00:26:14,739 ensure that we're clearly 795 00:26:14,739 --> 00:26:16,700 articulating all of the 796 00:26:16,700 --> 00:26:17,208 information that we're 797 00:26:17,208 --> 00:26:18,976 expressing in our presentation. 798 00:26:18,976 --> 00:26:20,411 And so it is noted and I just 799 00:26:20,411 --> 00:26:22,279 wanted to put on record that we 800 00:26:22,279 --> 00:26:24,482 are working on the rewrite of 801 00:26:24,482 --> 00:26:25,349 that application to ensure clear 802 00:26:25,349 --> 00:26:26,617 transparency on that. 803 00:26:26,617 --> 00:26:28,453 >> okay, all right. 804 00:26:28,453 --> 00:26:29,554 Thank you. 805 00:26:29,554 --> 00:26:31,554 >> thank you. 806 00:26:32,230 --> 00:26:32,690 >> all right, next item, city 807 00:26:32,690 --> 00:26:34,690 manager? 808 00:26:34,959 --> 00:26:35,960 >> so we are at the tail end of 809 00:26:35,960 --> 00:26:37,262 our budget process. 810 00:26:37,262 --> 00:26:39,662 Tonight is our scheduled 811 00:26:39,998 --> 00:26:40,431 adoption of the fiscal 27 812 00:26:40,431 --> 00:26:42,431 budget. 813 00:26:43,670 --> 00:26:44,680 And this is really your 814 00:26:44,680 --> 00:26:46,137 opportunity to discuss, if there 815 00:26:46,137 --> 00:26:47,772 are any changes you want to make 816 00:26:47,772 --> 00:26:48,974 tonight or any clarifications 817 00:26:48,974 --> 00:26:50,508 about the budget, that you would 818 00:26:50,508 --> 00:26:51,610 like to make, of course you get 819 00:26:51,610 --> 00:26:52,911 a chance to comment on the 820 00:26:52,911 --> 00:26:54,279 budget tonight as well. 821 00:26:54,279 --> 00:26:56,181 But if you have amendments we 822 00:26:56,181 --> 00:26:57,182 would need to take those this 823 00:26:57,182 --> 00:26:58,617 afternoon so we could write the 824 00:26:58,617 --> 00:26:59,618 proper language for you to 825 00:26:59,618 --> 00:27:01,618 execute those amendments. 826 00:27:02,588 --> 00:27:03,588 I did want to make a couple 827 00:27:03,588 --> 00:27:04,790 statements for the record, 828 00:27:04,790 --> 00:27:05,891 because there have been some 829 00:27:05,891 --> 00:27:08,600 things that have been brought up 830 00:27:08,600 --> 00:27:10,280 in the course of the budget 831 00:27:10,280 --> 00:27:11,697 conversations that we have 832 00:27:11,697 --> 00:27:13,932 agreed would be handled either 833 00:27:13,932 --> 00:27:15,334 through the end of the year 834 00:27:15,334 --> 00:27:17,969 savings process and/or once we 835 00:27:17,969 --> 00:27:19,738 get into the new fiscal year 836 00:27:19,738 --> 00:27:22,138 with the grant application 837 00:27:22,374 --> 00:27:23,676 process, and for transparency 838 00:27:23,676 --> 00:27:25,310 purposes I just thought I would 839 00:27:25,310 --> 00:27:26,979 note those for the record so the 840 00:27:26,979 --> 00:27:27,713 public isn't surprised when and 841 00:27:27,713 --> 00:27:29,713 if that happens. 842 00:27:29,815 --> 00:27:31,117 One of those is to get hampton 843 00:27:31,117 --> 00:27:32,551 officially part of arts 844 00:27:32,551 --> 00:27:32,918 festival, the emerging arts 845 00:27:32,918 --> 00:27:34,918 festival. 846 00:27:35,288 --> 00:27:36,489 It's been some time since we 847 00:27:36,489 --> 00:27:38,230 have participated with the 848 00:27:38,230 --> 00:27:39,659 virginia arts festival and had 849 00:27:39,659 --> 00:27:41,194 hampton featured. 850 00:27:41,194 --> 00:27:43,796 We have three really quality 851 00:27:43,796 --> 00:27:46,320 performance theaters, of course 852 00:27:46,320 --> 00:27:47,533 we have our american university. 853 00:27:47,533 --> 00:27:48,768 Hampton university has ogden 854 00:27:48,768 --> 00:27:49,969 hall and the virginia peninsula 855 00:27:49,969 --> 00:27:51,938 community college has recently 856 00:27:51,938 --> 00:27:52,271 re-opened DR. Mary g christian 857 00:27:52,271 --> 00:27:53,373 theater. 858 00:27:53,373 --> 00:27:54,775 And so we would like to be able 859 00:27:54,775 --> 00:27:57,775 to showcase those with the 860 00:28:01,810 --> 00:28:03,810 virginia arts festival. 861 00:28:03,583 --> 00:28:05,180 Their proposal for that came in 862 00:28:05,180 --> 00:28:06,219 after the manager's budget 863 00:28:06,219 --> 00:28:07,221 released so we shared that first 864 00:28:07,221 --> 00:28:10,390 with the council and also with 865 00:28:10,390 --> 00:28:12,250 the arts commission, which was 866 00:28:12,250 --> 00:28:13,226 very much in favor of doing 867 00:28:13,226 --> 00:28:15,129 that, since the occurring budget 868 00:28:15,129 --> 00:28:16,963 process is almost at an end. 869 00:28:16,963 --> 00:28:18,165 It was agreed we would do that 870 00:28:18,165 --> 00:28:20,467 ultimately out of end of year 871 00:28:20,467 --> 00:28:21,334 savings or through the grant 872 00:28:21,334 --> 00:28:22,969 portal process that we have once 873 00:28:22,969 --> 00:28:26,473 we get into the new year. 874 00:28:26,473 --> 00:28:27,641 We also looked at expanding the 875 00:28:27,641 --> 00:28:29,641 arts commission grants. 876 00:28:30,544 --> 00:28:32,790 We will need to get a statement 877 00:28:32,790 --> 00:28:33,146 from the arts commission about 878 00:28:33,146 --> 00:28:34,481 how they would do that after we 879 00:28:34,481 --> 00:28:36,517 get into the new year. 880 00:28:36,517 --> 00:28:39,517 But there was general consensus 881 00:28:39,787 --> 00:28:43,387 that those have been cut back 882 00:28:43,591 --> 00:28:44,558 from 100,000 to I think 42.500 883 00:28:44,558 --> 00:28:47,558 back when we were struggling 884 00:28:47,561 --> 00:28:49,964 with the market corrections in 885 00:28:49,964 --> 00:28:52,133 the 2008-2010 time period, with 886 00:28:52,133 --> 00:28:53,267 a commitment made by the manager 887 00:28:53,267 --> 00:28:54,502 at that time when things got 888 00:28:54,502 --> 00:28:55,370 better we would look at 889 00:28:55,370 --> 00:28:57,370 restoring those. 890 00:28:57,405 --> 00:28:59,974 And that had not yet been done. 891 00:28:59,974 --> 00:29:01,108 So when I met with arts 892 00:29:01,108 --> 00:29:03,770 commission last week, I asked 893 00:29:03,770 --> 00:29:04,278 them to put together their 894 00:29:04,278 --> 00:29:06,581 formal request after we get into 895 00:29:06,581 --> 00:29:07,815 the new year and we will look at 896 00:29:07,815 --> 00:29:09,350 doing that with council 897 00:29:09,350 --> 00:29:09,917 contingency or end of the year 898 00:29:09,917 --> 00:29:11,917 savings. 899 00:29:12,653 --> 00:29:14,550 we also had a request that we 900 00:29:14,550 --> 00:29:15,590 support the barrett peak 901 00:29:15,590 --> 00:29:16,691 foundation as it is moving into 902 00:29:16,691 --> 00:29:18,226 their educational phase. 903 00:29:18,226 --> 00:29:20,626 We already have partnerships 904 00:29:20,862 --> 00:29:22,630 with them around the care of 905 00:29:22,630 --> 00:29:24,463 abandoned african american and 906 00:29:24,466 --> 00:29:25,333 other cemeteries in our 907 00:29:25,333 --> 00:29:26,634 community, but before we can 908 00:29:26,634 --> 00:29:28,537 decide on how much of that, we 909 00:29:28,537 --> 00:29:31,473 need to get a full application 910 00:29:31,473 --> 00:29:32,240 from them detailing their 911 00:29:32,240 --> 00:29:32,674 educational and programing 912 00:29:32,674 --> 00:29:33,976 needs. 913 00:29:33,976 --> 00:29:37,479 But I did want that noted for 914 00:29:37,479 --> 00:29:39,114 the record as well. 915 00:29:39,114 --> 00:29:41,830 And then there was a request to 916 00:29:41,830 --> 00:29:42,518 support the jazz legacy 917 00:29:42,518 --> 00:29:44,530 festival, as they're adding 918 00:29:44,530 --> 00:29:46,453 another day in hampton. 919 00:29:46,655 --> 00:29:47,557 That will go through our cbb 920 00:29:47,557 --> 00:29:49,557 support process. 921 00:29:50,193 --> 00:29:52,161 But we do see an opportunity to 922 00:29:52,161 --> 00:29:53,162 help continue the jazz legacy 923 00:29:53,162 --> 00:29:54,897 event in hampton. 924 00:29:54,897 --> 00:29:57,199 And last but not least, the 925 00:29:57,199 --> 00:29:59,599 state recently came with 926 00:29:59,736 --> 00:30:01,370 directions around a state bonus 927 00:30:01,370 --> 00:30:03,372 for workers, essential workers 928 00:30:03,372 --> 00:30:04,640 that are what we call quasi 929 00:30:04,640 --> 00:30:06,740 city, quasi state employees, 930 00:30:06,740 --> 00:30:08,740 like the constitutional 931 00:30:08,711 --> 00:30:09,440 officers, registrar and some 932 00:30:09,440 --> 00:30:11,130 others. 933 00:30:11,130 --> 00:30:13,849 And they will send the money for 934 00:30:13,849 --> 00:30:15,618 those employees that are on the 935 00:30:15,618 --> 00:30:18,180 comp border, their registrar, 936 00:30:19,210 --> 00:30:21,421 social services, et cetera 937 00:30:21,424 --> 00:30:22,525 payrolls, but we don't -- they 938 00:30:22,525 --> 00:30:24,594 don't cover all positions in 939 00:30:24,594 --> 00:30:25,962 those offices, and we also 940 00:30:25,962 --> 00:30:27,597 believe while those offices are 941 00:30:27,597 --> 00:30:29,432 very deserving, all of our 942 00:30:29,432 --> 00:30:31,832 workforce is equally deserving. 943 00:30:32,100 --> 00:30:35,271 And so we've talked about taking 944 00:30:35,271 --> 00:30:37,340 the high performance bonance of 945 00:30:37,340 --> 00:30:38,875 1% that's already embedded in 946 00:30:38,875 --> 00:30:39,876 the city budget before you 947 00:30:39,876 --> 00:30:43,476 tonight and then looking at end 948 00:30:44,915 --> 00:30:46,216 of the year savings to match 949 00:30:46,216 --> 00:30:47,884 that so that we could do that 950 00:30:47,884 --> 00:30:49,319 bonus for all of our workforce. 951 00:30:49,319 --> 00:30:50,520 None of those actually require 952 00:30:50,520 --> 00:30:52,155 budget amendments tonight but I 953 00:30:52,155 --> 00:30:53,490 wanted them stated for the 954 00:30:53,490 --> 00:30:54,491 record so that the public, the 955 00:30:54,491 --> 00:30:57,270 workforce and others would know 956 00:30:57,270 --> 00:30:57,527 of your intentions. 957 00:30:57,527 --> 00:30:59,527 >> all right. 958 00:31:00,297 --> 00:31:01,130 Any other questions, comments? 959 00:31:01,130 --> 00:31:02,165 COUNCILWOMAN Campbell? 960 00:31:02,165 --> 00:31:03,934 >> thank you, MR. Mayor. 961 00:31:03,934 --> 00:31:05,200 City manager, there's been some 962 00:31:05,200 --> 00:31:06,300 questions online about the 963 00:31:06,300 --> 00:31:08,171 virginia budget and how that's 964 00:31:08,171 --> 00:31:10,808 going to impact ours, if you 965 00:31:10,808 --> 00:31:11,308 could address that. 966 00:31:11,308 --> 00:31:13,308 >> certainly. 967 00:31:14,311 --> 00:31:14,678 I had to get my mic back on. 968 00:31:14,678 --> 00:31:16,678 Certainly. 969 00:31:17,247 --> 00:31:18,449 We do not know yet when we will 970 00:31:18,449 --> 00:31:20,618 get a state budget. 971 00:31:20,618 --> 00:31:23,287 We will get one at some point. 972 00:31:23,287 --> 00:31:25,560 But we don't know when. 973 00:31:25,560 --> 00:31:29,256 They have gone as late as right 974 00:31:29,493 --> 00:31:29,794 before the 1st of JULY in the 975 00:31:29,794 --> 00:31:31,794 past. 976 00:31:32,363 --> 00:31:34,233 I don't think we've ever gone 977 00:31:34,233 --> 00:31:35,633 beyond 1st. 978 00:31:35,633 --> 00:31:37,635 But for clarity, the state 979 00:31:37,635 --> 00:31:41,710 doesn't have a mechanism for a 980 00:31:41,710 --> 00:31:43,341 budget to become automatic, like 981 00:31:43,341 --> 00:31:43,641 localities often are required to 982 00:31:43,641 --> 00:31:45,443 have. 983 00:31:45,443 --> 00:31:47,612 For instance, in hampton, if you 984 00:31:47,612 --> 00:31:49,800 do not adopt a budget by 985 00:31:49,800 --> 00:31:50,481 JUNE 1st, the manager's 986 00:31:50,481 --> 00:31:51,482 recommended budget would 987 00:31:51,482 --> 00:31:52,450 obviously become in effect so we 988 00:31:52,450 --> 00:31:53,485 could continue to operate. 989 00:31:53,485 --> 00:31:54,686 The state does not have a 990 00:31:54,686 --> 00:31:56,686 similar provision. 991 00:31:57,880 --> 00:31:58,323 So if they went beyond JULY 1st, 992 00:31:58,323 --> 00:32:01,526 there would be the equivalent of 993 00:32:01,526 --> 00:32:03,161 a government shutdown of sorts. 994 00:32:03,161 --> 00:32:05,300 When we were preparing for this 995 00:32:05,300 --> 00:32:06,765 the last time we got very close 996 00:32:06,765 --> 00:32:08,400 to the deadline. 997 00:32:08,400 --> 00:32:10,368 The state made clear that they 998 00:32:10,368 --> 00:32:12,137 would reimburse localities for 999 00:32:12,137 --> 00:32:13,672 the expenditures, for instance 1000 00:32:13,672 --> 00:32:14,873 for schools, for the road 1001 00:32:14,873 --> 00:32:16,308 maintenance and all the other 1002 00:32:16,308 --> 00:32:17,709 things that we do, the operation 1003 00:32:17,709 --> 00:32:18,710 of the courts and things like 1004 00:32:18,710 --> 00:32:19,780 that that would need to 1005 00:32:19,780 --> 00:32:20,645 continue. 1006 00:32:20,645 --> 00:32:24,820 So the way it would impact us, 1007 00:32:24,820 --> 00:32:26,585 if we got to that post JULY 1st, 1008 00:32:26,585 --> 00:32:29,121 is we would be advancing money 1009 00:32:29,121 --> 00:32:29,521 and we would ultimately get 1010 00:32:29,521 --> 00:32:30,189 reimbursed. 1011 00:32:30,189 --> 00:32:31,657 Any new things of course we 1012 00:32:31,657 --> 00:32:35,294 would not be in the position to 1013 00:32:35,294 --> 00:32:37,262 do, but the existing, recurring 1014 00:32:37,262 --> 00:32:39,665 expenses that have been passed 1015 00:32:39,665 --> 00:32:41,300 along in the existing current 1016 00:32:41,300 --> 00:32:42,301 budget would continue. 1017 00:32:42,301 --> 00:32:44,837 So effectively we would just 1018 00:32:44,837 --> 00:32:47,139 have to advance the money and we 1019 00:32:47,139 --> 00:32:49,475 MAY not get paid back as fast. 1020 00:32:49,475 --> 00:32:51,770 But we do fully expect that 1021 00:32:51,770 --> 00:32:52,178 there will be a budget by 1022 00:32:52,178 --> 00:32:53,479 JUNE 30th and we won't be put 1023 00:32:53,479 --> 00:32:56,449 in that position, but I wanted 1024 00:32:56,449 --> 00:32:57,417 to sort of answer the question 1025 00:32:57,417 --> 00:32:58,551 what if? 1026 00:32:58,551 --> 00:32:59,852 Moreover I just want to note 1027 00:32:59,852 --> 00:33:02,550 that the budget before you 1028 00:33:02,550 --> 00:33:03,890 tonight really basically assumed 1029 00:33:03,890 --> 00:33:07,490 level funding from the state for 1030 00:33:07,827 --> 00:33:08,861 the things, unless they were 1031 00:33:08,861 --> 00:33:09,829 absolute increases. 1032 00:33:09,829 --> 00:33:11,264 So for instance the street and 1033 00:33:11,264 --> 00:33:12,999 highway maintenance, we did have 1034 00:33:12,999 --> 00:33:14,634 an increase in those funds 1035 00:33:14,634 --> 00:33:17,170 because we actually have already 1036 00:33:17,170 --> 00:33:17,570 been notified of our direct 1037 00:33:17,570 --> 00:33:19,238 allocation. 1038 00:33:19,238 --> 00:33:20,673 That's not really dependent upon 1039 00:33:20,673 --> 00:33:23,143 when the state gets a budget. 1040 00:33:23,143 --> 00:33:25,211 So we could plan for that. 1041 00:33:25,211 --> 00:33:27,414 But any like additions they 1042 00:33:27,414 --> 00:33:29,682 might put for things like 1043 00:33:29,682 --> 00:33:31,118 schools or other things, neither 1044 00:33:31,118 --> 00:33:32,419 the schools or us have put those 1045 00:33:32,419 --> 00:33:33,954 in there yet. 1046 00:33:33,954 --> 00:33:35,550 So if they do get those extra 1047 00:33:35,550 --> 00:33:36,723 revenues at some point, we would 1048 00:33:36,723 --> 00:33:37,424 then have to come back and amend 1049 00:33:37,424 --> 00:33:39,424 the budget. 1050 00:33:40,327 --> 00:33:42,296 The budget can only be amended 1051 00:33:42,296 --> 00:33:44,731 from state or federal revenues, 1052 00:33:44,731 --> 00:33:46,660 not from new local revenues, but 1053 00:33:46,660 --> 00:33:47,167 you can amend the budget if you 1054 00:33:47,167 --> 00:33:49,136 get new state revenues. 1055 00:33:49,136 --> 00:33:51,105 So if there was a dramatic 1056 00:33:51,105 --> 00:33:53,640 increase in school funding, for 1057 00:33:53,640 --> 00:33:54,608 instance, or highway funding or 1058 00:33:54,608 --> 00:33:56,577 law enforcement funding or any 1059 00:33:56,577 --> 00:33:57,311 of those things that we weren't 1060 00:33:57,311 --> 00:33:58,612 anticipating, you would be able 1061 00:33:58,612 --> 00:34:00,582 to have the opportunity to go 1062 00:34:00,582 --> 00:34:02,550 back and amend the budget, 1063 00:34:02,550 --> 00:34:04,985 adding those revenues and then 1064 00:34:04,985 --> 00:34:06,153 deciding how to spend the 1065 00:34:06,153 --> 00:34:07,254 . 1066 00:34:07,254 --> 00:34:08,255 Most of them would have strings 1067 00:34:08,255 --> 00:34:09,323 attached to them but you could 1068 00:34:09,323 --> 00:34:11,323 make those determinations. 1069 00:34:13,270 --> 00:34:14,329 And last but not least -- I will 1070 00:34:14,329 --> 00:34:16,300 mention because both the house 1071 00:34:16,300 --> 00:34:17,465 and state have included a 1072 00:34:17,465 --> 00:34:19,100 sizeable grant for both hampton 1073 00:34:19,100 --> 00:34:22,700 and newport news to the added to 1074 00:34:22,700 --> 00:34:23,237 the safer community, it was a 1075 00:34:23,237 --> 00:34:25,239 $2.5 million grant, we did go 1076 00:34:25,239 --> 00:34:26,874 ahead and budget for that in our 1077 00:34:26,874 --> 00:34:29,177 grant fund and used some of the 1078 00:34:29,177 --> 00:34:29,844 money for things that we already 1079 00:34:29,844 --> 00:34:31,713 knew were eligible. 1080 00:34:31,713 --> 00:34:33,147 And I had mentioned to you all 1081 00:34:33,147 --> 00:34:35,116 before, if that did not come 1082 00:34:35,116 --> 00:34:36,317 through, we would have to 1083 00:34:36,317 --> 00:34:37,952 re-adjust by determining that we 1084 00:34:37,952 --> 00:34:40,455 would have to just free some 1085 00:34:40,455 --> 00:34:41,356 expenses and not spend them. 1086 00:34:41,356 --> 00:34:43,425 However, because they were on 1087 00:34:43,425 --> 00:34:47,250 both the house and senate side, 1088 00:34:47,929 --> 00:34:49,364 the general wisdom is including 1089 00:34:49,364 --> 00:34:50,999 from the conferrees that that 1090 00:34:50,999 --> 00:34:51,333 will likely be in that final 1091 00:34:51,333 --> 00:34:52,467 budget. 1092 00:34:52,467 --> 00:34:53,702 What's really at odds with the 1093 00:34:53,702 --> 00:34:55,638 impasse right now has to do with 1094 00:34:55,638 --> 00:34:57,720 whether or not to do the data 1095 00:34:57,720 --> 00:34:58,473 center tax exemptions, and so 1096 00:34:58,473 --> 00:34:59,675 because we're not really tied up 1097 00:34:59,675 --> 00:35:02,675 with that discussion, we will 1098 00:35:03,512 --> 00:35:04,279 likely be fine with the 1099 00:35:04,279 --> 00:35:05,514 $2.5 million. 1100 00:35:05,514 --> 00:35:07,283 But if all conventional wisdom 1101 00:35:07,283 --> 00:35:08,584 went out the window and we lost 1102 00:35:08,584 --> 00:35:10,185 it, we would come back and tell 1103 00:35:10,185 --> 00:35:11,754 you what we need to freeze or 1104 00:35:11,754 --> 00:35:14,754 change, modifying the budget to 1105 00:35:17,260 --> 00:35:18,930 accommodate for that. 1106 00:35:18,930 --> 00:35:20,493 >> any other questions, comments 1107 00:35:22,364 --> 00:35:24,334 from councilmembers? 1108 00:35:24,334 --> 00:35:26,335 All right, well that's the last 1109 00:35:26,335 --> 00:35:27,690 presentation for the afternoon 1110 00:35:27,690 --> 00:35:29,690 session. 1111 00:35:30,673 --> 00:35:33,442 Are there any regional issues? 1112 00:35:33,442 --> 00:35:33,976 Is there any items of new 1113 00:35:33,976 --> 00:35:35,444 business? 1114 00:35:35,444 --> 00:35:37,313 All right, well, I'm going to 1115 00:35:37,313 --> 00:35:39,549 ask the clerk to read the motion 1116 00:35:39,549 --> 00:35:40,717 for closed session. 1117 00:35:40,717 --> 00:35:42,785 >> the motion required today is 1118 00:35:42,785 --> 00:35:45,621 to convene a closed session 1119 00:35:45,621 --> 00:35:48,210 pursuant to virginia code 1120 00:35:50,994 --> 00:35:51,961 section 2.2-3711a5 to discuss a 1121 00:35:51,961 --> 00:35:52,962 prospective business for hampton 1122 00:35:52,962 --> 00:35:53,830 roads center north where no 1123 00:35:53,830 --> 00:35:55,310 previous announcement has been 1124 00:35:55,310 --> 00:35:56,599 made of the business interest in 1125 00:35:56,599 --> 00:35:58,999 locating its facilities in 1126 00:36:00,637 --> 00:36:01,972 hampton; pursuant to 2.2-3711a3 1127 00:36:01,972 --> 00:36:03,807 to discuss disposition of 1128 00:36:03,807 --> 00:36:04,908 publicly owned land in downtown 1129 00:36:04,908 --> 00:36:06,209 hampton where discussion in open 1130 00:36:06,209 --> 00:36:08,311 meeting would adversely affect 1131 00:36:08,311 --> 00:36:09,612 the city's negotiating strategy 1132 00:36:09,612 --> 00:36:11,281 and consultation with legal 1133 00:36:11,281 --> 00:36:13,283 counsel regarding legal issue 1134 00:36:13,283 --> 00:36:15,283 potentially affecting the 1135 00:36:17,187 --> 00:36:17,754 transaction; and pursuant to 1136 00:36:17,754 --> 00:36:18,456 2.2-3711a1, to discuss 1137 00:36:18,456 --> 00:36:19,556 appointments as lunar eclipsed 1138 00:36:19,556 --> 00:36:20,390 on the 1139 00:36:20,390 --> 00:36:22,390 lunar 1140 00:36:23,126 --> 00:36:24,661 as listed on thegender ad. 1141 00:36:24,661 --> 00:36:26,630 >> all right, need of need a 1142 00:36:26,630 --> 00:36:27,498 motion and a second for closed 1143 00:36:27,498 --> 00:36:29,498 session. 1144 00:36:30,134 --> 00:36:30,568 >> move approval. 1145 00:36:30,568 --> 00:36:31,680 >> second. 1146 00:36:31,680 --> 00:36:32,736 >> all right. 1147 00:36:32,736 --> 00:36:33,370 MADAME Clerk will you call the 1148 00:36:33,370 --> 00:36:33,704 call. 1149 00:36:33,704 --> 00:36:34,705 >> COUNCILWOMAN Bowman? 1150 00:36:34,705 --> 00:36:35,105 Vice mayor brown. 1151 00:36:35,105 --> 00:36:36,400 >> aye. 1152 00:36:36,400 --> 00:36:36,807 >> COUNCILWOMAN Campbell. 1153 00:36:36,807 --> 00:36:38,676 >> aye. 1154 00:36:38,676 --> 00:36:39,760 >> COUNCILWOMAN Per if. 1155 00:36:39,760 --> 00:36:40,544 >> aye. 1156 00:36:40,544 --> 00:36:40,945 >> councilmember harper? 1157 00:36:40,945 --> 00:36:42,313 >> aye. 1158 00:36:42,313 --> 00:36:42,713 >> councilmember harper? 1159 00:36:42,713 --> 00:36:44,582 >> aye. 1160 00:36:44,582 --> 00:36:45,716 >> mayor gray? 1161 00:36:45,716 --> 00:36:49,316 >> aye.So we will reconvene in 1162 00:36:50,955 --> 00:36:51,255 the lawson conference room at 1163 00:36:51,255 --> 00:36:52,723 1:45. 1164 00:36:52,723 --> 00:36:54,580 And following the closed 1165 00:36:54,580 --> 00:36:55,827 session, council will reconvene 1166 00:36:55,827 --> 00:36:57,495 in the open meeting in the same 1167 00:36:57,495 --> 00:36:58,362 location in order to certify the 1168 00:36:58,362 --> 00:37:00,698 closed session and then proceed 1169 00:37:00,698 --> 00:37:03,980 to adjourn the meeting. 1170 00:37:11,176 --> 00:37:13,000 So lawson conference room 1:45.