Testing.
>> good afternoon and welcome to
the hampton city council work
session.
MADAME Clerk but call the roll,
please.
>> councilmember bowman?
Vice player brown.
>> here.
>> councilmember campbell.
>> present councilmember
ferebee.
Councilmember harperrer?
>> present.
>> councilmember mugler?
Mayor gray?
>> present.
And COUNCILMAN Bowman south of
town, will not be joining us.
Councilmember ferebee will be a
bit late but will join us during
this meeting, so with that the
first item on the agenda is on
the infill housing plan book.
But we are going to defer that
item until MAY 27th meeting.
And so --
>> yes.
>> I need a motion and a second
to defer the item.
>> MAY I just explain to the
public.
>> yes, please.
>> that the consultant was not
able to be here today, after all
so they asked if we could
reschedule them and we wanted to
make sure that the council and
the public had the benefit of
hearing from the consultant as
well as the staff.
So we would very much appreciate
you making this accommodation.
>> okay, yeah, absolutely.
So I need a motion and a second
to defer this item to
MAY 27th.
>> so moved.
>> second.
>> I have a motion and second.
Any further discussion on it?
All right, MADAME Clerk will you
call the roll?
Councilmember bowman vice mayor
brown?
Aye councilmember ferebee?
Councilmember harper?
Councilmember mugler?
And mayor gray?
>> aye.
And so with that I'll ask the
city manager to introduce the
next item.
>> thank you, MR. Mayor.
As council knows but for the
benefit of the public, we have
been updating our zoning
ordinances to make sure we're
providing proper protections for
public safety, particularly as
they relate to our restaurants
that have large gatherings and
large events.
One of the things council had
asked us to do was to look at
the restaurant 2 use, which is
actually currently a zoning
administrator permit, but to
make sure that we had
appropriate safety standards for
those, just as we do for
restaurant 3s, which are
actually use permits by council.
So today we're going to be
having a briefing from our
community development team, and
it looks like -- I was going to
introduce kim michael but it
looks like we're going to have
our zoning administrator make
that presentation for you today,
to get your reaction to the
proposed changes.
>> good afternoon, mayor,
members of council.
My name is [Indiscernible] I'm
the zoning administrator for the
city of hampton.
today I am presenting a proposal
ordinance amendment related to
restaurant 2, establishments
under the initiating resolution
26-0054.
The purpose of this work session
is to review the proposed
operational and security
standards intended to address
late night activity, public
safety concerns and
compatibility impacts associated
with certain restaurant
operations.
These proposed amendments are
intended to modernize the
restaurant 2 regulations and
better address operational
impacts associated with late
night entertainment being used
specifically amendment --
specifically the amendment
focuses on establishment that
combine four characteristics,
alcohol service, loud
entertainment, late night
operation hours and larger
occupancies.
The proposal also applies to
restaurant 2 standards more
closely with the recent
restaurant 3 policy directions
where operational
characteristics are similar.
The amendment addresses gaps in
the current ordinance related to
security staffing, third party
promotions and window
transparency.
Currently the restaurant 2
establishments with an adc
license MAY operate between the
hours of 5 A.M. And midnight.
The ordinance also limits live
entertainment area to 75 square
feet and prohibits
[Indiscernible] Similar opening
gathering spaces.
Existing security requirements
are relatively limited.
when loud entertainment occurs
an attendant is required to
monitor the ingress/egress
points and the parking areas.
Staff believes these
standards -- existing standards
do not adequately address
operational impacts associated
with the higher intensity
entertainment environments.
As a part of the review, staff
evaluated how surrounding
localities regulated similar
establishments the comparison
shows that all surveyed
localities permit alcohol sales
in restaurant settings, however
each imposes additional controls
related to late night
entertainment, late night hours
of operation and security
requirements.
Most localities require security
plans and security personnel
when establishments operate late
at night or offer entertainment
activities.
This slide continues with the
security staffing practices.
While the surrounding localities
require these requirements under
varying conditions, the
overarching standards is at
least one certified security
officer per entrance to monitor
the ingress/egress and with
additional exterior monitoring
of parking lots and surrounding
areas depending on the occupancy
and operation intensity.
The proposed --
>> the vice mayor has a
question.
>> yes, sir?
>> no problem.
Just to the security in terms of
the one per entrance and one in
the parking lot, I don't see
whether there is any indication
of numbers of security based on
the numbers of attendees.
So these cities don't have one
security person per 100 -- you
don't see that in other
localities?
>> the city of newport news has
that ratio of one security
personnel per 100 on their
standard.
>> oh, I see, okay.
>> and -- let's see --
>> I was just trying to figure
out how do they come up with how
many security persons were
needed.
>> well, that was a combination
of the building code requirement
as well as coordination with
their police department.
>> okay, thank you.
>> in summary, surrounding
localities commonly impose
enhanced requirements when
establishments include alcohol
service, live entertainment,
late night hours and higher
occupancy levels.
Staff also reviewed how
localities regulate third party
promotions.
The city of course prohibits
third party promoters directly
through their zoning ordinance,
while local restricts them
through a conditional use permit
conditions.
These approaches along with the
recent hampton use permit
conditions approved by council
inform staff of the
recommendations to prohibit
third party promotions within
the proposed amendment.
The proposed amendment framework
establishes clear operation
standards tied directly to
higher intensity restaurant
occupations -- operations.
The amendment would establish an
objective of criteria when
security is required,
distinguish between incidental
and intensive live
entertainment, prohibit third
party promotions and require
window transparency during the
evening hours of operations to
support visibility and
oversight.
The intent is to create a
standard that addresses
operational characteristics
rather than applying additional
restrictions broadly to all
restaurant 2 establishments.
>> vice mayor brown?
>> yeah, I'm sorry.
The last bullet, require window
transparency during evening
operation hours -- help me with
that.
What about during the day?
You said evening hours, you mean
transparency, meaning you could
be able to see inside the
establishment, right?
>> yes, sir.
>> so what's the difference
between the day hours verse you
the evening hours in trans
parents y?
>> well, during the evening
hours, it appears in the
observation that a lot of the
activity which is happening
which is a trigger of high risk
in that area happens during the
late night evening hours, so
during the hours of our security
plan, which begins at 11 P.M.,
that would be the time when the
security personnel as well as a
certified officer should be
present on the site.
>> so why aren't we just saying,
you know, establishments based
on what the code says and what
we're asking them to do, at all
times, you should be able to see
inside of the establishment,
evening or daytime?
>> okay.
>> it just seems like to me, it
would be easier.
>> okay.
We can make a note of that.
>> it's just a suggestion.
>> yes.
All right, we'll make a note of
that, sir.
Okay, this slide outlines the
four conditions that trigger the
security requirement.
These conditions are alcohol
service, intensive live
entertainment offered at any
time -- excuse me, at any
location, occupancy of 100 or
more patrons and then an
operation beyond 11 P.M.
So for that example, if a
restaurant establishment
indicates through the zoning
administrative permit process
that they were offering
intensive live entertainment at
any time, the establishment also
serves alcohol, has an occupancy
that's greater than a hundred
and operates beyond 11 P.M.,
that the security requirement
would apply from 11 P.M. Until
12:30 A.M.
>> so I have one question on
that one.
Because when you look at the
current criteria for live
entertainment 2, it says that
they can have -- their operating
hours going until midnight, and
then I guess when you get to
beyond midnight, then it kind of
kicks you into 3 at that point
or --
>> 2.
2 A.M. With a use permit.
>> okay, so what is the time
requirement that kicks you into
the next level of restaurant 3,
live entertainment 3?
>> so at midnight that is where
restaurant 2 ends.
So they're going to be required
to have personnel on site 30
minutes after closing.
So they have that 30-minute
grace period where they have to
have a licensed officer or
certified officer present on the
site.
So if they're going to extend
their hours beyond 12, so it
would be from 12:01 to 2 A.M.
Or whatever is granted
underneath the restaurant 3,
then the city council would
apply those conditions to ask
for additional requirements.
>> so that's when they extend
their hours beyond 12, but under
2, though, the additional
security hours kick in at
11 o'clock?
>> yes.
>> so why not push that over to
midnight for the restaurant 3,
so that there are no extra
requirements up until 12 o'clock
or 12:02?
>> well, the use will end at 2,
so the establishment will now
that the restaurant 2 use of the
entertainment will end at
midnight.
But if they go beyond that
marker, then that's going to be
an automatic trigger for the
restaurant 3.
That additional 30-minute span
of security is just to protect
the patrons, to ensure they're
getting to their cars, they have
proper personnel visible inside
on the exterior of the building
as well as monitoring the
parking area.
>> no, I understand the need for
the security, but I was just
wondering why, if the hours
indicate a need for higher
security, then why not push that
into the next level?
So if you get permission to
operate beyond midnight and
you've got to have additional
security, so why not have that
as the next level of live
entertainment?
>> can we try a different way of
answering this?
>> all right.
>> with a 2, you're not allowed
to go beyond midnight.
>> right.
>> the only reason why it's
listed as 12:30 is for getting
people out of the place.
So if they wanted to go 12, they
automatically have to go for the
3 already.
>> okay.
So they have to go --
>> they would have to apply for
a 3 if they're intending to
operate beyond midnight.
>> so they have to apply fora 3.
>> correct.
>> I thought you were saying it
automatically just kicks you
into 3 --
>> I think what she was saying
trying to say is you wouldn't be
eligible for a 2.
You would have to apply for the
3.
>> I got 'ya.
>> which would come to council
and then you're right, all of
those things would come into
play.
The only reason why this 12
thing comes up is because we
don't believe that the security
should end the moment you close
the restaurant.
It should be extended until all
the patrons have left.
>> okay.
>> thank you.
To support this [Indiscernible]
of this proposal staff is
proposing to update the
definition for live
entertainment.
The proposed definition
clarifies the live entertainment
include artistic, musical or the
actual performances delivered in
real-time to an in-person
audience.
The definition also clarifies
that purely recorded materials
stand alone does not constitute
live entertainment.
This live entertainment --
>> hold on, MS. Burgess.
So what is the -- what changes
are made here?
I don't see what changes were
made here in this definition
versus the old definition.
>> what is --
>> because you mentioned -- I'm
sorry, ma'am, you mentioned that
electronic means of prerecorded
music is not considered live
entertainment.
If someone is performing by a
prerecorded soundtrack or call
it a track, that's not live
entertainment?
>> that would be a person that's
standing before an audience so
live --
>> with prerecorded music.
>> that's where we're looking at
an actual soloist or musical act
performing for the audience.
>> what's the definition
difference then in
this definition versus what we
previously had?
What changes were made?
>> pretty much identifying the
uses and then on the next slide
is going to break down intensive
versus incidental.
So I just
it's giving an overview of
what they can do and what will
be allowed and then depending on
the intensity of the tim live
entertainment will dictate
whether or not they're required
to have security or not.
>> if I can help further,
they're setting up the
definitions that we're going to
then get into what applies to
each one.
But the reason why they're
making the clarity here, some
restaurants will just play music
in the background and we've had
questions in the past, does that
count as live entertainment or
not?
Because as a diner, you're
experiencing that.
They're just trying to clarify
here that, if you're playing
music in the background as
ambiance music, that's not live
entertainment, it actually
requires a performer.
But to your point, if a
performer is using a prerecorded
track, it is definitely live
entertainment.
They're just trying to
distinguish that.
As we go through the
presentation you'll see how
they're going to distinguish
what's required depending upon
if it's a small act or a larger
act or just karaoke or amplified
music and things of that nature.
Public safety trends tell us
that you don't typically have a
problem if you have one acoustic
player, like someone playing a
guitar.
Where you start to get potential
problems is when you're having
deejays, amplified music, things
of that nature.
So they're going to walk you
through a series of definitions
and then say what we're
recommending as the appropriate
security requirement.
Those of those wouldn't be
needed because they're not
likely to engender the kind of
public safety concerns one
might have.
I think it will be more clear by
the time we're done, if you
don't mind waiting.
>> okay, this slide introduces
the distinction between
incidental and intensive live
entertainment establishments.
Incidental live entertainment is
intended to cover a lower
intensity performance such as
solo musicians, live comedy,
trivia, spoken word
performances.
Intensive live entertainment
would include performances
involving multiple performers,
karaoke, deejaying and
entertaining formatting
incorporating prerecorded audio
in conjunction with a live
performance activity.
This distinction is important
because the proposed security
requirement would apply
specifically to the intensive
live entertainment operation.
The amendment also proposes a
definition and prohibition
related to third party promotion
activity.
The definition is intended to
address the arrangement where
outside promoters or organizers
receive compensations tied to
the attendant -- event revenue
or separate operational controls
of the establishment.
Staff concerns is the
arrangement can be created --
can create operational
environments that differ
significantly from the approved
restaurant use and the increased
crowd management and public
safety concerns.
When the four operational
thresholds are met, the security
standards would apply.
So the proposal would require
one certified security officer
per 100 occupants monitoring the
interior and the ingress and
egress points.
Two certified officers
monitoring the parking areas and
exterior of the premise.
And these requirements would
apply from 11 P.M. Until 30
minutes after closing.
In addition to the personnel
requirements, the proposal would
include technology and
identification measures.
The amendment would require
exterior security cameras
connected to the hampton police
department real-time information
center and id scanners used
after 11 P.M. To verify
patrons' age with the records
retained for a minimum of seven
days.
These measures are intended to
support enforcement and improved
incident response capabilities
and enhanced public safety
oversight.
To summarize, staff recommends
that the security requirements
apply only when the four
operational characteristics are
present, alcohol service,
intensive live entertainment and
operations beyond 11 P.M. With
an occupancy exceeding 100
persons.
I'm happy to answer any
questions that the board MAY
have and welcome your feedback.
Thank you.
>> I do have a question
regarding the connection to the
real-time information center.
so -- and maybe this might be
for the officer, but what
exactly is required to do then?
And I ask that question because
in conversations I had recently
with one business owner who said
that he thought that police
would take care of connecting
him to the real-time information
center, so I was just curious to
know what exactly is required in
order for that connection to be
made, from restaurant cameras to
the writ?
>> good afternoon, mayor brown,
members of council.
So the connection from the
restaurant cameras for the
external cameras to the
real-time information center,
they have to purchase a box that
allows those cameras to talk to
our system upstairs.
And it's only for the external
cameras.
So if an incident were to occur,
we have real-time visual data
and information that can be put
out to help, you know, capture
anyone who MAY have committed an
act of violence in the city.
Getting that information out
quickly and accurate out quickly
makes a huge difference in the
overall capability of the
investigation.
>> okay, all right, thank you.
>> yes, sir.
>> all right.
Other questions from
councilmembers?
COUNCILWOMAN Mugler?
>> MR. Mayor, thank you.
The only question I have to ask
is a result of your question
about the camera links.
It seems as if we -- maybe is
that something we should add to
the checklist for opening a
restaurant, because we've had
issues in the past with them not
being connected?
And so maybe that is something
we need to do before their
occupancy permit is granted.
And I don't know whether it
should be attached to this
particular set of documentation
or somewhere else, but I think
as an option for us to stay on
top of that, that we should do
that before we open a business.
>> okay, any other questions,
comments from councilmembers?
All right, okay.
So city manager?
>> so I just want to be clear:
we're sort of debuting these,
ultimately we would need to take
these back through the planning
commission process and then to
council for final action.
We wanted to do the afternoon
work session presentation so
that you all had a chance to
reflect on the proposals, as
well as if there's any community
feedback we have ample
opportunity, you know as we go
through that adoption process.
So I didn't want people thinking
we're voting on this tonight or
anything like that.
>> MADAME Mayor --
>> manager.
>> sorry, manager.
>> I get that a lot.
>> I wanted to add in one
additional slide before we
closed out our presentation.
We have those additional
recommendations, with the
security plan of ensuring that
we're going to prohibit the
third party promoting, the
window transparency, after dark
and we can make the
recommendation from the vice
mayor to clean up that language,
and make the changes to limit
the live entertainment area and
then prohibit the dance floor
and other similar gathering
spaces in addition with this
requirement.
Just wanted to make sure we
clearly articulated that in the
presentation.
>> okay.
And I want to say ditto to what
COUNCILWOMAN Mugler said about
requiring somehow that a
checklist is signed -- I mean, I
know we come to this process,
use permits are granted, you
know, they get a presentation,
there are conditions listed, and
twice now I've heard restaurant
owners when they have a problem,
because of things that have
occured, they say, well, I
didn't know or I didn't know I
needed to do that or I didn't
know I needed to do this.
And I think we should really not
be accepting that as an excuse.
But just to make sure that they
know what's needed, perhaps
maybe there's a checklist that
needs to happen which makes sure
that everything is in place,
makes sure that the owner fully
understands everything that
needs to be in place before they
start operating.
And we've got a document at hand
that they sign saying all these
things have been done so I agree
with that recommendation, just
so we have that as a backup when
we get the excuse that "I didn't
know."
>> well, just to be clear, we
are working on a rewrite of our
application for our permit to
ensure that we're clearly
articulating all of the
information that we're
expressing in our presentation.
And so it is noted and I just
wanted to put on record that we
are working on the rewrite of
that application to ensure clear
transparency on that.
>> okay, all right.
Thank you.
>> thank you.
>> all right, next item, city
manager?
>> so we are at the tail end of
our budget process.
Tonight is our scheduled
adoption of the fiscal 27
budget.
And this is really your
opportunity to discuss, if there
are any changes you want to make
tonight or any clarifications
about the budget, that you would
like to make, of course you get
a chance to comment on the
budget tonight as well.
But if you have amendments we
would need to take those this
afternoon so we could write the
proper language for you to
execute those amendments.
I did want to make a couple
statements for the record,
because there have been some
things that have been brought up
in the course of the budget
conversations that we have
agreed would be handled either
through the end of the year
savings process and/or once we
get into the new fiscal year
with the grant application
process, and for transparency
purposes I just thought I would
note those for the record so the
public isn't surprised when and
if that happens.
One of those is to get hampton
officially part of arts
festival, the emerging arts
festival.
It's been some time since we
have participated with the
virginia arts festival and had
hampton featured.
We have three really quality
performance theaters, of course
we have our american university.
Hampton university has ogden
hall and the virginia peninsula
community college has recently
re-opened DR. Mary g christian
theater.
And so we would like to be able
to showcase those with the
virginia arts festival.
Their proposal for that came in
after the manager's budget
released so we shared that first
with the council and also with
the arts commission, which was
very much in favor of doing
that, since the occurring budget
process is almost at an end.
It was agreed we would do that
ultimately out of end of year
savings or through the grant
portal process that we have once
we get into the new year.
We also looked at expanding the
arts commission grants.
We will need to get a statement
from the arts commission about
how they would do that after we
get into the new year.
But there was general consensus
that those have been cut back
from 100,000 to I think 42.500
back when we were struggling
with the market corrections in
the 2008-2010 time period, with
a commitment made by the manager
at that time when things got
better we would look at
restoring those.
And that had not yet been done.
So when I met with arts
commission last week, I asked
them to put together their
formal request after we get into
the new year and we will look at
doing that with council
contingency or end of the year
savings.
we also had a request that we
support the barrett peak
foundation as it is moving into
their educational phase.
We already have partnerships
with them around the care of
abandoned african american and
other cemeteries in our
community, but before we can
decide on how much of that, we
need to get a full application
from them detailing their
educational and programing
needs.
But I did want that noted for
the record as well.
And then there was a request to
support the jazz legacy
festival, as they're adding
another day in hampton.
That will go through our cbb
support process.
But we do see an opportunity to
help continue the jazz legacy
event in hampton.
And last but not least, the
state recently came with
directions around a state bonus
for workers, essential workers
that are what we call quasi
city, quasi state employees,
like the constitutional
officers, registrar and some
others.
And they will send the money for
those employees that are on the
comp border, their registrar,
social services, et cetera
payrolls, but we don't -- they
don't cover all positions in
those offices, and we also
believe while those offices are
very deserving, all of our
workforce is equally deserving.
And so we've talked about taking
the high performance bonance of
1% that's already embedded in
the city budget before you
tonight and then looking at end
of the year savings to match
that so that we could do that
bonus for all of our workforce.
None of those actually require
budget amendments tonight but I
wanted them stated for the
record so that the public, the
workforce and others would know
of your intentions.
>> all right.
Any other questions, comments?
COUNCILWOMAN Campbell?
>> thank you, MR. Mayor.
City manager, there's been some
questions online about the
virginia budget and how that's
going to impact ours, if you
could address that.
>> certainly.
I had to get my mic back on.
Certainly.
We do not know yet when we will
get a state budget.
We will get one at some point.
But we don't know when.
They have gone as late as right
before the 1st of JULY in the
past.
I don't think we've ever gone
beyond 1st.
But for clarity, the state
doesn't have a mechanism for a
budget to become automatic, like
localities often are required to
have.
For instance, in hampton, if you
do not adopt a budget by
JUNE 1st, the manager's
recommended budget would
obviously become in effect so we
could continue to operate.
The state does not have a
similar provision.
So if they went beyond JULY 1st,
there would be the equivalent of
a government shutdown of sorts.
When we were preparing for this
the last time we got very close
to the deadline.
The state made clear that they
would reimburse localities for
the expenditures, for instance
for schools, for the road
maintenance and all the other
things that we do, the operation
of the courts and things like
that that would need to
continue.
So the way it would impact us,
if we got to that post JULY 1st,
is we would be advancing money
and we would ultimately get
reimbursed.
Any new things of course we
would not be in the position to
do, but the existing, recurring
expenses that have been passed
along in the existing current
budget would continue.
So effectively we would just
have to advance the money and we
MAY not get paid back as fast.
But we do fully expect that
there will be a budget by
JUNE 30th and we won't be put
in that position, but I wanted
to sort of answer the question
what if?
Moreover I just want to note
that the budget before you
tonight really basically assumed
level funding from the state for
the things, unless they were
absolute increases.
So for instance the street and
highway maintenance, we did have
an increase in those funds
because we actually have already
been notified of our direct
allocation.
That's not really dependent upon
when the state gets a budget.
So we could plan for that.
But any like additions they
might put for things like
schools or other things, neither
the schools or us have put those
in there yet.
So if they do get those extra
revenues at some point, we would
then have to come back and amend
the budget.
The budget can only be amended
from state or federal revenues,
not from new local revenues, but
you can amend the budget if you
get new state revenues.
So if there was a dramatic
increase in school funding, for
instance, or highway funding or
law enforcement funding or any
of those things that we weren't
anticipating, you would be able
to have the opportunity to go
back and amend the budget,
adding those revenues and then
deciding how to spend the
.
Most of them would have strings
attached to them but you could
make those determinations.
And last but not least -- I will
mention because both the house
and state have included a
sizeable grant for both hampton
and newport news to the added to
the safer community, it was a
$2.5 million grant, we did go
ahead and budget for that in our
grant fund and used some of the
money for things that we already
knew were eligible.
And I had mentioned to you all
before, if that did not come
through, we would have to
re-adjust by determining that we
would have to just free some
expenses and not spend them.
However, because they were on
both the house and senate side,
the general wisdom is including
from the conferrees that that
will likely be in that final
budget.
What's really at odds with the
impasse right now has to do with
whether or not to do the data
center tax exemptions, and so
because we're not really tied up
with that discussion, we will
likely be fine with the
$2.5 million.
But if all conventional wisdom
went out the window and we lost
it, we would come back and tell
you what we need to freeze or
change, modifying the budget to
accommodate for that.
>> any other questions, comments
from councilmembers?
All right, well that's the last
presentation for the afternoon
session.
Are there any regional issues?
Is there any items of new
business?
All right, well, I'm going to
ask the clerk to read the motion
for closed session.
>> the motion required today is
to convene a closed session
pursuant to virginia code
section 2.2-3711a5 to discuss a
prospective business for hampton
roads center north where no
previous announcement has been
made of the business interest in
locating its facilities in
hampton; pursuant to 2.2-3711a3
to discuss disposition of
publicly owned land in downtown
hampton where discussion in open
meeting would adversely affect
the city's negotiating strategy
and consultation with legal
counsel regarding legal issue
potentially affecting the
transaction; and pursuant to
2.2-3711a1, to discuss
appointments as lunar eclipsed
on the
lunar
as listed on thegender ad.
>> all right, need of need a
motion and a second for closed
session.
>> move approval.
>> second.
>> all right.
MADAME Clerk will you call the
call.
>> COUNCILWOMAN Bowman?
Vice mayor brown.
>> aye.
>> COUNCILWOMAN Campbell.
>> aye.
>> COUNCILWOMAN Per if.
>> aye.
>> councilmember harper?
>> aye.
>> councilmember harper?
>> aye.
>> mayor gray?
>> aye.So we will reconvene in
the lawson conference room at
1:45.
And following the closed
session, council will reconvene
in the open meeting in the same
location in order to certify the
closed session and then proceed
to adjourn the meeting.
So lawson conference room 1:45.