[0:46] Testing.
[0:47] >> good afternoon and welcome to
[0:49] the hampton city council work
[0:50] session.
[0:53] MADAME Clerk but call the roll,
[0:53] please.
[0:54] >> councilmember bowman?
[0:56] Vice player brown.
[0:57] >> here.
[0:58] >> councilmember campbell.
[0:59] >> present councilmember
[0:59] ferebee.
[1:02] Councilmember harperrer?
[1:02] >> present.
[1:03] >> councilmember mugler?
[1:06] Mayor gray?
[1:06] >> present.
[1:08] And COUNCILMAN Bowman south of
[1:11] town, will not be joining us.
[1:12] Councilmember ferebee will be a
[1:14] bit late but will join us during
[1:15] this meeting, so with that the
[1:17] first item on the agenda is on
[1:19] the infill housing plan book.
[1:23] But we are going to defer that
[1:25] item until MAY 27th meeting.
[1:27] And so --
[1:27] >> yes.
[1:28] >> I need a motion and a second
[1:30] to defer the item.
[1:31] >> MAY I just explain to the
[1:32] public.
[1:33] >> yes, please.
[1:34] >> that the consultant was not
[1:37] able to be here today, after all
[1:39] so they asked if we could
[1:40] reschedule them and we wanted to
[1:41] make sure that the council and
[1:42] the public had the benefit of
[1:43] hearing from the consultant as
[1:45] well as the staff.
[1:46] So we would very much appreciate
[1:47] you making this accommodation.
[1:49] >> okay, yeah, absolutely.
[1:52] So I need a motion and a second
[1:54] to defer this item to
[1:54] MAY 27th.
[1:55] >> so moved.
[1:55] >> second.
[1:56] >> I have a motion and second.
[1:57] Any further discussion on it?
[1:59] All right, MADAME Clerk will you
[2:00] call the roll?
[2:03] Councilmember bowman vice mayor
[2:03] brown?
[2:05] Aye councilmember ferebee?
[2:06] Councilmember harper?
[2:07] Councilmember mugler?
[2:09] And mayor gray?
[2:09] >> aye.
[2:11] And so with that I'll ask the
[2:12] city manager to introduce the
[2:13] next item.
[2:16] >> thank you, MR. Mayor.
[2:20] As council knows but for the
[2:25] benefit of the public, we have
[2:25] been updating our zoning
[2:25] ordinances to make sure we're
[2:25] providing proper protections for
[2:26] public safety, particularly as
[2:30] they relate to our restaurants
[2:32] that have large gatherings and
[2:33] large events.
[2:34] One of the things council had
[2:37] asked us to do was to look at
[2:39] the restaurant 2 use, which is
[2:40] actually currently a zoning
[2:42] administrator permit, but to
[2:44] make sure that we had
[2:45] appropriate safety standards for
[2:47] those, just as we do for
[2:49] restaurant 3s, which are
[2:50] actually use permits by council.
[2:51] So today we're going to be
[2:53] having a briefing from our
[2:54] community development team, and
[2:56] it looks like -- I was going to
[2:57] introduce kim michael but it
[2:59] looks like we're going to have
[3:01] our zoning administrator make
[3:02] that presentation for you today,
[3:06] to get your reaction to the
[3:10] proposed changes.
[3:11] >> good afternoon, mayor,
[3:13] members of council.
[3:14] My name is [Indiscernible] I'm
[3:16] the zoning administrator for the
[3:17] city of hampton.
[3:20] today I am presenting a proposal
[3:23] ordinance amendment related to
[3:24] restaurant 2, establishments
[3:29] under the initiating resolution
[3:30] 26-0054.
[3:31] The purpose of this work session
[3:35] is to review the proposed
[3:36] operational and security
[3:38] standards intended to address
[3:40] late night activity, public
[3:41] safety concerns and
[3:43] compatibility impacts associated
[3:48] with certain restaurant
[3:50] operations.
[3:51] These proposed amendments are
[3:53] intended to modernize the
[3:55] restaurant 2 regulations and
[3:57] better address operational
[3:59] impacts associated with late
[4:02] night entertainment being used
[4:04] specifically amendment --
[4:05] specifically the amendment
[4:08] focuses on establishment that
[4:10] combine four characteristics,
[4:12] alcohol service, loud
[4:14] entertainment, late night
[4:17] operation hours and larger
[4:18] occupancies.
[4:21] The proposal also applies to
[4:22] restaurant 2 standards more
[4:23] closely with the recent
[4:26] restaurant 3 policy directions
[4:28] where operational
[4:32] characteristics are similar.
[4:33] The amendment addresses gaps in
[4:35] the current ordinance related to
[4:37] security staffing, third party
[4:40] promotions and window
[4:42] transparency.
[4:44] Currently the restaurant 2
[4:46] establishments with an adc
[4:47] license MAY operate between the
[4:50] hours of 5 A.M. And midnight.
[4:52] The ordinance also limits live
[4:55] entertainment area to 75 square
[4:57] feet and prohibits
[4:57] [Indiscernible] Similar opening
[4:59] gathering spaces.
[5:00] Existing security requirements
[5:04] are relatively limited.
[5:05] when loud entertainment occurs
[5:08] an attendant is required to
[5:12] monitor the ingress/egress
[5:13] points and the parking areas.
[5:14] Staff believes these
[5:15] standards -- existing standards
[5:17] do not adequately address
[5:19] operational impacts associated
[5:21] with the higher intensity
[5:24] entertainment environments.
[5:27] As a part of the review, staff
[5:29] evaluated how surrounding
[5:33] localities regulated similar
[5:34] establishments the comparison
[5:37] shows that all surveyed
[5:38] localities permit alcohol sales
[5:40] in restaurant settings, however
[5:43] each imposes additional controls
[5:44] related to late night
[5:45] entertainment, late night hours
[5:47] of operation and security
[5:47] requirements.
[5:49] Most localities require security
[5:51] plans and security personnel
[5:53] when establishments operate late
[5:56] at night or offer entertainment
[5:59] activities.
[6:01] This slide continues with the
[6:03] security staffing practices.
[6:05] While the surrounding localities
[6:07] require these requirements under
[6:10] varying conditions, the
[6:11] overarching standards is at
[6:14] least one certified security
[6:16] officer per entrance to monitor
[6:18] the ingress/egress and with
[6:20] additional exterior monitoring
[6:22] of parking lots and surrounding
[6:24] areas depending on the occupancy
[6:27] and operation intensity.
[6:29] The proposed --
[6:30] >> the vice mayor has a
[6:31] question.
[6:32] >> yes, sir?
[6:33] >> no problem.
[6:35] Just to the security in terms of
[6:37] the one per entrance and one in
[6:40] the parking lot, I don't see
[6:42] whether there is any indication
[6:43] of numbers of security based on
[6:47] the numbers of attendees.
[6:53] So these cities don't have one
[6:56] security person per 100 -- you
[6:57] don't see that in other
[6:57] localities?
[7:00] >> the city of newport news has
[7:02] that ratio of one security
[7:04] personnel per 100 on their
[7:04] standard.
[7:10] >> oh, I see, okay.
[7:13] >> and -- let's see --
[7:15] >> I was just trying to figure
[7:17] out how do they come up with how
[7:19] many security persons were
[7:19] needed.
[7:20] >> well, that was a combination
[7:23] of the building code requirement
[7:24] as well as coordination with
[7:26] their police department.
[7:37] >> okay, thank you.
[7:39] >> in summary, surrounding
[7:42] localities commonly impose
[7:44] enhanced requirements when
[7:46] establishments include alcohol
[7:47] service, live entertainment,
[7:49] late night hours and higher
[7:50] occupancy levels.
[7:52] Staff also reviewed how
[7:54] localities regulate third party
[7:55] promotions.
[7:56] The city of course prohibits
[7:58] third party promoters directly
[8:00] through their zoning ordinance,
[8:03] while local restricts them
[8:05] through a conditional use permit
[8:05] conditions.
[8:07] These approaches along with the
[8:08] recent hampton use permit
[8:11] conditions approved by council
[8:13] inform staff of the
[8:13] recommendations to prohibit
[8:15] third party promotions within
[8:23] the proposed amendment.
[8:26] The proposed amendment framework
[8:27] establishes clear operation
[8:30] standards tied directly to
[8:32] higher intensity restaurant
[8:33] occupations -- operations.
[8:36] The amendment would establish an
[8:38] objective of criteria when
[8:39] security is required,
[8:40] distinguish between incidental
[8:42] and intensive live
[8:43] entertainment, prohibit third
[8:46] party promotions and require
[8:48] window transparency during the
[8:51] evening hours of operations to
[8:52] support visibility and
[8:52] oversight.
[8:54] The intent is to create a
[8:56] standard that addresses
[8:58] operational characteristics
[8:59] rather than applying additional
[9:02] restrictions broadly to all
[9:07] restaurant 2 establishments.
[9:08] >> vice mayor brown?
[9:10] >> yeah, I'm sorry.
[9:13] The last bullet, require window
[9:14] transparency during evening
[9:17] operation hours -- help me with
[9:17] that.
[9:21] What about during the day?
[9:24] You said evening hours, you mean
[9:26] transparency, meaning you could
[9:27] be able to see inside the
[9:28] establishment, right?
[9:28] >> yes, sir.
[9:30] >> so what's the difference
[9:32] between the day hours verse you
[9:33] the evening hours in trans
[9:34] parents y?
[9:36] >> well, during the evening
[9:38] hours, it appears in the
[9:39] observation that a lot of the
[9:39] activity which is happening
[9:42] which is a trigger of high risk
[9:43] in that area happens during the
[9:44] late night evening hours, so
[9:47] during the hours of our security
[9:49] plan, which begins at 11 P.M.,
[9:50] that would be the time when the
[9:53] security personnel as well as a
[9:54] certified officer should be
[9:56] present on the site.
[9:58] >> so why aren't we just saying,
[10:00] you know, establishments based
[10:02] on what the code says and what
[10:04] we're asking them to do, at all
[10:07] times, you should be able to see
[10:08] inside of the establishment,
[10:10] evening or daytime?
[10:10] >> okay.
[10:11] >> it just seems like to me, it
[10:15] would be easier.
[10:15] >> okay.
[10:16] We can make a note of that.
[10:20] >> it's just a suggestion.
[10:20] >> yes.
[10:23] All right, we'll make a note of
[10:27] that, sir.
[10:28] Okay, this slide outlines the
[10:30] four conditions that trigger the
[10:33] security requirement.
[10:35] These conditions are alcohol
[10:37] service, intensive live
[10:41] entertainment offered at any
[10:44] time -- excuse me, at any
[10:47] location, occupancy of 100 or
[10:49] more patrons and then an
[10:51] operation beyond 11 P.M.
[10:54] So for that example, if a
[10:55] restaurant establishment
[10:57] indicates through the zoning
[10:58] administrative permit process
[11:00] that they were offering
[11:01] intensive live entertainment at
[11:04] any time, the establishment also
[11:06] serves alcohol, has an occupancy
[11:08] that's greater than a hundred
[11:10] and operates beyond 11 P.M.,
[11:11] that the security requirement
[11:16] would apply from 11 P.M. Until
[11:17] 12:30 A.M.
[11:19] >> so I have one question on
[11:20] that one.
[11:25] Because when you look at the
[11:28] current criteria for live
[11:32] entertainment 2, it says that
[11:35] they can have -- their operating
[11:36] hours going until midnight, and
[11:39] then I guess when you get to
[11:42] beyond midnight, then it kind of
[11:46] kicks you into 3 at that point
[11:46] or --
[11:46] >> 2.
[11:49] 2 A.M. With a use permit.
[11:50] >> okay, so what is the time
[11:52] requirement that kicks you into
[11:55] the next level of restaurant 3,
[11:58] live entertainment 3?
[12:01] >> so at midnight that is where
[12:01] restaurant 2 ends.
[12:02] So they're going to be required
[12:04] to have personnel on site 30
[12:05] minutes after closing.
[12:07] So they have that 30-minute
[12:08] grace period where they have to
[12:10] have a licensed officer or
[12:12] certified officer present on the
[12:12] site.
[12:15] So if they're going to extend
[12:16] their hours beyond 12, so it
[12:18] would be from 12:01 to 2 A.M.
[12:20] Or whatever is granted
[12:21] underneath the restaurant 3,
[12:23] then the city council would
[12:25] apply those conditions to ask
[12:27] for additional requirements.
[12:29] >> so that's when they extend
[12:32] their hours beyond 12, but under
[12:34] 2, though, the additional
[12:37] security hours kick in at
[12:38] 11 o'clock?
[12:39] >> yes.
[12:43] >> so why not push that over to
[12:45] midnight for the restaurant 3,
[12:48] so that there are no extra
[12:52] requirements up until 12 o'clock
[12:53] or 12:02?
[12:55] >> well, the use will end at 2,
[12:57] so the establishment will now
[12:58] that the restaurant 2 use of the
[12:59] entertainment will end at
[13:00] midnight.
[13:01] But if they go beyond that
[13:02] marker, then that's going to be
[13:05] an automatic trigger for the
[13:06] restaurant 3.
[13:07] That additional 30-minute span
[13:09] of security is just to protect
[13:11] the patrons, to ensure they're
[13:13] getting to their cars, they have
[13:15] proper personnel visible inside
[13:16] on the exterior of the building
[13:17] as well as monitoring the
[13:19] parking area.
[13:20] >> no, I understand the need for
[13:23] the security, but I was just
[13:26] wondering why, if the hours
[13:28] indicate a need for higher
[13:29] security, then why not push that
[13:31] into the next level?
[13:35] So if you get permission to
[13:38] operate beyond midnight and
[13:39] you've got to have additional
[13:41] security, so why not have that
[13:44] as the next level of live
[13:44] entertainment?
[13:46] >> can we try a different way of
[13:47] answering this?
[13:48] >> all right.
[13:50] >> with a 2, you're not allowed
[13:51] to go beyond midnight.
[13:51] >> right.
[13:53] >> the only reason why it's
[13:55] listed as 12:30 is for getting
[13:56] people out of the place.
[13:59] So if they wanted to go 12, they
[14:00] automatically have to go for the
[14:01] 3 already.
[14:02] >> okay.
[14:04] So they have to go --
[14:06] >> they would have to apply for
[14:08] a 3 if they're intending to
[14:09] operate beyond midnight.
[14:11] >> so they have to apply fora 3.
[14:12] >> correct.
[14:13] >> I thought you were saying it
[14:14] automatically just kicks you
[14:15] into 3 --
[14:16] >> I think what she was saying
[14:17] trying to say is you wouldn't be
[14:18] eligible for a 2.
[14:21] You would have to apply for the
[14:21] 3.
[14:21] >> I got 'ya.
[14:22] >> which would come to council
[14:24] and then you're right, all of
[14:25] those things would come into
[14:26] play.
[14:28] The only reason why this 12
[14:29] thing comes up is because we
[14:31] don't believe that the security
[14:32] should end the moment you close
[14:33] the restaurant.
[14:34] It should be extended until all
[14:38] the patrons have left.
[14:38] >> okay.
[14:47] >> thank you.
[14:49] To support this [Indiscernible]
[14:50] of this proposal staff is
[14:52] proposing to update the
[14:53] definition for live
[14:54] entertainment.
[14:56] The proposed definition
[14:57] clarifies the live entertainment
[14:59] include artistic, musical or the
[15:02] actual performances delivered in
[15:04] real-time to an in-person
[15:05] audience.
[15:07] The definition also clarifies
[15:10] that purely recorded materials
[15:15] stand alone does not constitute
[15:17] live entertainment.
[15:18] This live entertainment --
[15:22] >> hold on, MS. Burgess.
[15:25] So what is the -- what changes
[15:26] are made here?
[15:27] I don't see what changes were
[15:28] made here in this definition
[15:30] versus the old definition.
[15:31] >> what is --
[15:32] >> because you mentioned -- I'm
[15:35] sorry, ma'am, you mentioned that
[15:37] electronic means of prerecorded
[15:45] music is not considered live
[15:45] entertainment.
[15:50] If someone is performing by a
[15:51] prerecorded soundtrack or call
[15:54] it a track, that's not live
[15:54] entertainment?
[15:55] >> that would be a person that's
[15:57] standing before an audience so
[15:57] live --
[16:00] >> with prerecorded music.
[16:02] >> that's where we're looking at
[16:04] an actual soloist or musical act
[16:05] performing for the audience.
[16:07] >> what's the definition
[16:09] difference then in
[16:11] this definition versus what we
[16:12] previously had?
[16:14] What changes were made?
[16:15] >> pretty much identifying the
[16:17] uses and then on the next slide
[16:21] is going to break down intensive
[16:22] versus incidental.
[16:24] So I just
[16:27] it's giving an overview of
[16:28] what they can do and what will
[16:30] be allowed and then depending on
[16:32] the intensity of the tim live
[16:33] entertainment will dictate
[16:34] whether or not they're required
[16:39] to have security or not.
[16:40] >> if I can help further,
[16:42] they're setting up the
[16:42] definitions that we're going to
[16:44] then get into what applies to
[16:45] each one.
[16:47] But the reason why they're
[16:49] making the clarity here, some
[16:51] restaurants will just play music
[16:52] in the background and we've had
[16:54] questions in the past, does that
[16:56] count as live entertainment or
[16:56] not?
[16:59] Because as a diner, you're
[16:59] experiencing that.
[17:02] They're just trying to clarify
[17:03] here that, if you're playing
[17:05] music in the background as
[17:07] ambiance music, that's not live
[17:08] entertainment, it actually
[17:10] requires a performer.
[17:12] But to your point, if a
[17:14] performer is using a prerecorded
[17:15] track, it is definitely live
[17:16] entertainment.
[17:16] They're just trying to
[17:17] distinguish that.
[17:18] As we go through the
[17:19] presentation you'll see how
[17:20] they're going to distinguish
[17:21] what's required depending upon
[17:25] if it's a small act or a larger
[17:27] act or just karaoke or amplified
[17:31] music and things of that nature.
[17:32] Public safety trends tell us
[17:34] that you don't typically have a
[17:35] problem if you have one acoustic
[17:37] player, like someone playing a
[17:38] guitar.
[17:39] Where you start to get potential
[17:43] problems is when you're having
[17:44] deejays, amplified music, things
[17:45] of that nature.
[17:46] So they're going to walk you
[17:48] through a series of definitions
[17:50] and then say what we're
[17:51] recommending as the appropriate
[17:53] security requirement.
[17:55] Those of those wouldn't be
[17:56] needed because they're not
[17:59] likely to engender the kind of
[18:02] public safety concerns one
[18:07] might have.
[18:08] I think it will be more clear by
[18:10] the time we're done, if you
[18:13] don't mind waiting.
[18:14] >> okay, this slide introduces
[18:16] the distinction between
[18:19] incidental and intensive live
[18:21] entertainment establishments.
[18:23] Incidental live entertainment is
[18:24] intended to cover a lower
[18:26] intensity performance such as
[18:29] solo musicians, live comedy,
[18:31] trivia, spoken word
[18:32] performances.
[18:33] Intensive live entertainment
[18:35] would include performances
[18:38] involving multiple performers,
[18:40] karaoke, deejaying and
[18:42] entertaining formatting
[18:43] incorporating prerecorded audio
[18:45] in conjunction with a live
[18:49] performance activity.
[18:50] This distinction is important
[18:52] because the proposed security
[18:53] requirement would apply
[18:55] specifically to the intensive
[19:01] live entertainment operation.
[19:04] The amendment also proposes a
[19:05] definition and prohibition
[19:08] related to third party promotion
[19:08] activity.
[19:10] The definition is intended to
[19:12] address the arrangement where
[19:14] outside promoters or organizers
[19:17] receive compensations tied to
[19:20] the attendant -- event revenue
[19:21] or separate operational controls
[19:23] of the establishment.
[19:25] Staff concerns is the
[19:27] arrangement can be created --
[19:30] can create operational
[19:31] environments that differ
[19:34] significantly from the approved
[19:37] restaurant use and the increased
[19:40] crowd management and public
[19:42] safety concerns.
[19:44] When the four operational
[19:47] thresholds are met, the security
[19:47] standards would apply.
[19:50] So the proposal would require
[19:54] one certified security officer
[19:57] per 100 occupants monitoring the
[19:59] interior and the ingress and
[20:00] egress points.
[20:02] Two certified officers
[20:05] monitoring the parking areas and
[20:06] exterior of the premise.
[20:08] And these requirements would
[20:10] apply from 11 P.M. Until 30
[20:16] minutes after closing.
[20:18] In addition to the personnel
[20:22] requirements, the proposal would
[20:23] include technology and
[20:24] identification measures.
[20:27] The amendment would require
[20:28] exterior security cameras
[20:30] connected to the hampton police
[20:32] department real-time information
[20:34] center and id scanners used
[20:37] after 11 P.M. To verify
[20:40] patrons' age with the records
[20:41] retained for a minimum of seven
[20:42] days.
[20:43] These measures are intended to
[20:47] support enforcement and improved
[20:47] incident response capabilities
[20:52] and enhanced public safety
[20:55] oversight.
[20:58] To summarize, staff recommends
[21:01] that the security requirements
[21:02] apply only when the four
[21:04] operational characteristics are
[21:05] present, alcohol service,
[21:07] intensive live entertainment and
[21:11] operations beyond 11 P.M. With
[21:14] an occupancy exceeding 100
[21:14] persons.
[21:15] I'm happy to answer any
[21:16] questions that the board MAY
[21:21] have and welcome your feedback.
[21:22] Thank you.
[21:24] >> I do have a question
[21:27] regarding the connection to the
[21:29] real-time information center.
[21:31] so -- and maybe this might be
[21:33] for the officer, but what
[21:35] exactly is required to do then?
[21:36] And I ask that question because
[21:38] in conversations I had recently
[21:40] with one business owner who said
[21:41] that he thought that police
[21:45] would take care of connecting
[21:47] him to the real-time information
[21:49] center, so I was just curious to
[21:51] know what exactly is required in
[21:54] order for that connection to be
[21:58] made, from restaurant cameras to
[21:59] the writ?
[22:00] >> good afternoon, mayor brown,
[22:02] members of council.
[22:04] So the connection from the
[22:05] restaurant cameras for the
[22:07] external cameras to the
[22:09] real-time information center,
[22:11] they have to purchase a box that
[22:13] allows those cameras to talk to
[22:15] our system upstairs.
[22:17] And it's only for the external
[22:17] cameras.
[22:19] So if an incident were to occur,
[22:22] we have real-time visual data
[22:23] and information that can be put
[22:25] out to help, you know, capture
[22:27] anyone who MAY have committed an
[22:30] act of violence in the city.
[22:31] Getting that information out
[22:33] quickly and accurate out quickly
[22:35] makes a huge difference in the
[22:37] overall capability of the
[22:37] investigation.
[22:39] >> okay, all right, thank you.
[22:40] >> yes, sir.
[22:42] >> all right.
[22:44] Other questions from
[22:45] councilmembers?
[22:48] COUNCILWOMAN Mugler?
[22:50] >> MR. Mayor, thank you.
[22:54] The only question I have to ask
[22:56] is a result of your question
[22:59] about the camera links.
[23:04] It seems as if we -- maybe is
[23:05] that something we should add to
[23:09] the checklist for opening a
[23:10] restaurant, because we've had
[23:13] issues in the past with them not
[23:14] being connected?
[23:15] And so maybe that is something
[23:18] we need to do before their
[23:21] occupancy permit is granted.
[23:22] And I don't know whether it
[23:24] should be attached to this
[23:25] particular set of documentation
[23:28] or somewhere else, but I think
[23:32] as an option for us to stay on
[23:33] top of that, that we should do
[23:39] that before we open a business.
[23:41] >> okay, any other questions,
[23:43] comments from councilmembers?
[23:45] All right, okay.
[23:46] So city manager?
[23:48] >> so I just want to be clear:
[23:51] we're sort of debuting these,
[23:53] ultimately we would need to take
[23:54] these back through the planning
[23:56] commission process and then to
[23:57] council for final action.
[24:00] We wanted to do the afternoon
[24:00] work session presentation so
[24:02] that you all had a chance to
[24:03] reflect on the proposals, as
[24:05] well as if there's any community
[24:07] feedback we have ample
[24:08] opportunity, you know as we go
[24:10] through that adoption process.
[24:11] So I didn't want people thinking
[24:13] we're voting on this tonight or
[24:15] anything like that.
[24:17] >> MADAME Mayor --
[24:18] >> manager.
[24:19] >> sorry, manager.
[24:20] >> I get that a lot.
[24:22] >> I wanted to add in one
[24:23] additional slide before we
[24:25] closed out our presentation.
[24:27] We have those additional
[24:28] recommendations, with the
[24:32] security plan of ensuring that
[24:33] we're going to prohibit the
[24:35] third party promoting, the
[24:36] window transparency, after dark
[24:37] and we can make the
[24:38] recommendation from the vice
[24:40] mayor to clean up that language,
[24:42] and make the changes to limit
[24:44] the live entertainment area and
[24:46] then prohibit the dance floor
[24:48] and other similar gathering
[24:50] spaces in addition with this
[24:51] requirement.
[24:53] Just wanted to make sure we
[24:55] clearly articulated that in the
[24:55] presentation.
[24:57] >> okay.
[25:00] And I want to say ditto to what
[25:03] COUNCILWOMAN Mugler said about
[25:05] requiring somehow that a
[25:08] checklist is signed -- I mean, I
[25:10] know we come to this process,
[25:12] use permits are granted, you
[25:14] know, they get a presentation,
[25:18] there are conditions listed, and
[25:20] twice now I've heard restaurant
[25:21] owners when they have a problem,
[25:23] because of things that have
[25:24] occured, they say, well, I
[25:26] didn't know or I didn't know I
[25:27] needed to do that or I didn't
[25:29] know I needed to do this.
[25:31] And I think we should really not
[25:33] be accepting that as an excuse.
[25:36] But just to make sure that they
[25:37] know what's needed, perhaps
[25:39] maybe there's a checklist that
[25:41] needs to happen which makes sure
[25:42] that everything is in place,
[25:45] makes sure that the owner fully
[25:46] understands everything that
[25:47] needs to be in place before they
[25:50] start operating.
[25:54] And we've got a document at hand
[25:56] that they sign saying all these
[25:57] things have been done so I agree
[25:59] with that recommendation, just
[26:01] so we have that as a backup when
[26:03] we get the excuse that "I didn't
[26:04] know."
[26:06] >> well, just to be clear, we
[26:09] are working on a rewrite of our
[26:11] application for our permit to
[26:14] ensure that we're clearly
[26:14] articulating all of the
[26:16] information that we're
[26:17] expressing in our presentation.
[26:18] And so it is noted and I just
[26:20] wanted to put on record that we
[26:22] are working on the rewrite of
[26:24] that application to ensure clear
[26:25] transparency on that.
[26:26] >> okay, all right.
[26:28] Thank you.
[26:29] >> thank you.
[26:32] >> all right, next item, city
[26:32] manager?
[26:34] >> so we are at the tail end of
[26:35] our budget process.
[26:37] Tonight is our scheduled
[26:39] adoption of the fiscal 27
[26:40] budget.
[26:43] And this is really your
[26:44] opportunity to discuss, if there
[26:46] are any changes you want to make
[26:47] tonight or any clarifications
[26:48] about the budget, that you would
[26:50] like to make, of course you get
[26:51] a chance to comment on the
[26:52] budget tonight as well.
[26:54] But if you have amendments we
[26:56] would need to take those this
[26:57] afternoon so we could write the
[26:58] proper language for you to
[26:59] execute those amendments.
[27:02] I did want to make a couple
[27:03] statements for the record,
[27:04] because there have been some
[27:05] things that have been brought up
[27:08] in the course of the budget
[27:10] conversations that we have
[27:11] agreed would be handled either
[27:13] through the end of the year
[27:15] savings process and/or once we
[27:17] get into the new fiscal year
[27:19] with the grant application
[27:22] process, and for transparency
[27:23] purposes I just thought I would
[27:25] note those for the record so the
[27:26] public isn't surprised when and
[27:27] if that happens.
[27:29] One of those is to get hampton
[27:31] officially part of arts
[27:32] festival, the emerging arts
[27:32] festival.
[27:35] It's been some time since we
[27:36] have participated with the
[27:38] virginia arts festival and had
[27:39] hampton featured.
[27:41] We have three really quality
[27:43] performance theaters, of course
[27:46] we have our american university.
[27:47] Hampton university has ogden
[27:48] hall and the virginia peninsula
[27:49] community college has recently
[27:51] re-opened DR. Mary g christian
[27:52] theater.
[27:53] And so we would like to be able
[27:54] to showcase those with the
[28:01] virginia arts festival.
[28:03] Their proposal for that came in
[28:05] after the manager's budget
[28:06] released so we shared that first
[28:07] with the council and also with
[28:10] the arts commission, which was
[28:12] very much in favor of doing
[28:13] that, since the occurring budget
[28:15] process is almost at an end.
[28:16] It was agreed we would do that
[28:18] ultimately out of end of year
[28:20] savings or through the grant
[28:21] portal process that we have once
[28:22] we get into the new year.
[28:26] We also looked at expanding the
[28:27] arts commission grants.
[28:30] We will need to get a statement
[28:32] from the arts commission about
[28:33] how they would do that after we
[28:34] get into the new year.
[28:36] But there was general consensus
[28:39] that those have been cut back
[28:43] from 100,000 to I think 42.500
[28:44] back when we were struggling
[28:47] with the market corrections in
[28:49] the 2008-2010 time period, with
[28:52] a commitment made by the manager
[28:53] at that time when things got
[28:54] better we would look at
[28:55] restoring those.
[28:57] And that had not yet been done.
[28:59] So when I met with arts
[29:01] commission last week, I asked
[29:03] them to put together their
[29:04] formal request after we get into
[29:06] the new year and we will look at
[29:07] doing that with council
[29:09] contingency or end of the year
[29:09] savings.
[29:12] we also had a request that we
[29:14] support the barrett peak
[29:15] foundation as it is moving into
[29:16] their educational phase.
[29:18] We already have partnerships
[29:20] with them around the care of
[29:22] abandoned african american and
[29:24] other cemeteries in our
[29:25] community, but before we can
[29:26] decide on how much of that, we
[29:28] need to get a full application
[29:31] from them detailing their
[29:32] educational and programing
[29:32] needs.
[29:33] But I did want that noted for
[29:37] the record as well.
[29:39] And then there was a request to
[29:41] support the jazz legacy
[29:42] festival, as they're adding
[29:44] another day in hampton.
[29:46] That will go through our cbb
[29:47] support process.
[29:50] But we do see an opportunity to
[29:52] help continue the jazz legacy
[29:53] event in hampton.
[29:54] And last but not least, the
[29:57] state recently came with
[29:59] directions around a state bonus
[30:01] for workers, essential workers
[30:03] that are what we call quasi
[30:04] city, quasi state employees,
[30:06] like the constitutional
[30:08] officers, registrar and some
[30:09] others.
[30:11] And they will send the money for
[30:13] those employees that are on the
[30:15] comp border, their registrar,
[30:19] social services, et cetera
[30:21] payrolls, but we don't -- they
[30:22] don't cover all positions in
[30:24] those offices, and we also
[30:25] believe while those offices are
[30:27] very deserving, all of our
[30:29] workforce is equally deserving.
[30:32] And so we've talked about taking
[30:35] the high performance bonance of
[30:37] 1% that's already embedded in
[30:38] the city budget before you
[30:39] tonight and then looking at end
[30:44] of the year savings to match
[30:46] that so that we could do that
[30:47] bonus for all of our workforce.
[30:49] None of those actually require
[30:50] budget amendments tonight but I
[30:52] wanted them stated for the
[30:53] record so that the public, the
[30:54] workforce and others would know
[30:57] of your intentions.
[30:57] >> all right.
[31:00] Any other questions, comments?
[31:01] COUNCILWOMAN Campbell?
[31:02] >> thank you, MR. Mayor.
[31:03] City manager, there's been some
[31:05] questions online about the
[31:06] virginia budget and how that's
[31:08] going to impact ours, if you
[31:10] could address that.
[31:11] >> certainly.
[31:14] I had to get my mic back on.
[31:14] Certainly.
[31:17] We do not know yet when we will
[31:18] get a state budget.
[31:20] We will get one at some point.
[31:23] But we don't know when.
[31:25] They have gone as late as right
[31:29] before the 1st of JULY in the
[31:29] past.
[31:32] I don't think we've ever gone
[31:34] beyond 1st.
[31:35] But for clarity, the state
[31:37] doesn't have a mechanism for a
[31:41] budget to become automatic, like
[31:43] localities often are required to
[31:43] have.
[31:45] For instance, in hampton, if you
[31:47] do not adopt a budget by
[31:49] JUNE 1st, the manager's
[31:50] recommended budget would
[31:51] obviously become in effect so we
[31:52] could continue to operate.
[31:53] The state does not have a
[31:54] similar provision.
[31:57] So if they went beyond JULY 1st,
[31:58] there would be the equivalent of
[32:01] a government shutdown of sorts.
[32:03] When we were preparing for this
[32:05] the last time we got very close
[32:06] to the deadline.
[32:08] The state made clear that they
[32:10] would reimburse localities for
[32:12] the expenditures, for instance
[32:13] for schools, for the road
[32:14] maintenance and all the other
[32:16] things that we do, the operation
[32:17] of the courts and things like
[32:18] that that would need to
[32:19] continue.
[32:20] So the way it would impact us,
[32:24] if we got to that post JULY 1st,
[32:26] is we would be advancing money
[32:29] and we would ultimately get
[32:29] reimbursed.
[32:30] Any new things of course we
[32:31] would not be in the position to
[32:35] do, but the existing, recurring
[32:37] expenses that have been passed
[32:39] along in the existing current
[32:41] budget would continue.
[32:42] So effectively we would just
[32:44] have to advance the money and we
[32:47] MAY not get paid back as fast.
[32:49] But we do fully expect that
[32:51] there will be a budget by
[32:52] JUNE 30th and we won't be put
[32:53] in that position, but I wanted
[32:56] to sort of answer the question
[32:57] what if?
[32:58] Moreover I just want to note
[32:59] that the budget before you
[33:02] tonight really basically assumed
[33:03] level funding from the state for
[33:07] the things, unless they were
[33:08] absolute increases.
[33:09] So for instance the street and
[33:11] highway maintenance, we did have
[33:12] an increase in those funds
[33:14] because we actually have already
[33:17] been notified of our direct
[33:17] allocation.
[33:19] That's not really dependent upon
[33:20] when the state gets a budget.
[33:23] So we could plan for that.
[33:25] But any like additions they
[33:27] might put for things like
[33:29] schools or other things, neither
[33:31] the schools or us have put those
[33:32] in there yet.
[33:33] So if they do get those extra
[33:35] revenues at some point, we would
[33:36] then have to come back and amend
[33:37] the budget.
[33:40] The budget can only be amended
[33:42] from state or federal revenues,
[33:44] not from new local revenues, but
[33:46] you can amend the budget if you
[33:47] get new state revenues.
[33:49] So if there was a dramatic
[33:51] increase in school funding, for
[33:53] instance, or highway funding or
[33:54] law enforcement funding or any
[33:56] of those things that we weren't
[33:57] anticipating, you would be able
[33:58] to have the opportunity to go
[34:00] back and amend the budget,
[34:02] adding those revenues and then
[34:04] deciding how to spend the
[34:06] .
[34:07] Most of them would have strings
[34:08] attached to them but you could
[34:09] make those determinations.
[34:13] And last but not least -- I will
[34:14] mention because both the house
[34:16] and state have included a
[34:17] sizeable grant for both hampton
[34:19] and newport news to the added to
[34:22] the safer community, it was a
[34:23] $2.5 million grant, we did go
[34:25] ahead and budget for that in our
[34:26] grant fund and used some of the
[34:29] money for things that we already
[34:29] knew were eligible.
[34:31] And I had mentioned to you all
[34:33] before, if that did not come
[34:35] through, we would have to
[34:36] re-adjust by determining that we
[34:37] would have to just free some
[34:40] expenses and not spend them.
[34:41] However, because they were on
[34:43] both the house and senate side,
[34:47] the general wisdom is including
[34:49] from the conferrees that that
[34:50] will likely be in that final
[34:51] budget.
[34:52] What's really at odds with the
[34:53] impasse right now has to do with
[34:55] whether or not to do the data
[34:57] center tax exemptions, and so
[34:58] because we're not really tied up
[34:59] with that discussion, we will
[35:03] likely be fine with the
[35:04] $2.5 million.
[35:05] But if all conventional wisdom
[35:07] went out the window and we lost
[35:08] it, we would come back and tell
[35:10] you what we need to freeze or
[35:11] change, modifying the budget to
[35:17] accommodate for that.
[35:18] >> any other questions, comments
[35:22] from councilmembers?
[35:24] All right, well that's the last
[35:26] presentation for the afternoon
[35:27] session.
[35:30] Are there any regional issues?
[35:33] Is there any items of new
[35:33] business?
[35:35] All right, well, I'm going to
[35:37] ask the clerk to read the motion
[35:39] for closed session.
[35:40] >> the motion required today is
[35:42] to convene a closed session
[35:45] pursuant to virginia code
[35:50] section 2.2-3711a5 to discuss a
[35:51] prospective business for hampton
[35:52] roads center north where no
[35:53] previous announcement has been
[35:55] made of the business interest in
[35:56] locating its facilities in
[36:00] hampton; pursuant to 2.2-3711a3
[36:01] to discuss disposition of
[36:03] publicly owned land in downtown
[36:04] hampton where discussion in open
[36:06] meeting would adversely affect
[36:08] the city's negotiating strategy
[36:09] and consultation with legal
[36:11] counsel regarding legal issue
[36:13] potentially affecting the
[36:17] transaction; and pursuant to
[36:17] 2.2-3711a1, to discuss
[36:18] appointments as lunar eclipsed
[36:19] on the
[36:20] lunar
[36:23] as listed on thegender ad.
[36:24] >> all right, need of need a
[36:26] motion and a second for closed
[36:27] session.
[36:30] >> move approval.
[36:30] >> second.
[36:31] >> all right.
[36:32] MADAME Clerk will you call the
[36:33] call.
[36:33] >> COUNCILWOMAN Bowman?
[36:34] Vice mayor brown.
[36:35] >> aye.
[36:36] >> COUNCILWOMAN Campbell.
[36:36] >> aye.
[36:38] >> COUNCILWOMAN Per if.
[36:39] >> aye.
[36:40] >> councilmember harper?
[36:40] >> aye.
[36:42] >> councilmember harper?
[36:42] >> aye.
[36:44] >> mayor gray?
[36:45] >> aye.So we will reconvene in
[36:50] the lawson conference room at
[36:51] 1:45.
[36:52] And following the closed
[36:54] session, council will reconvene
[36:55] in the open meeting in the same
[36:57] location in order to certify the
[36:58] closed session and then proceed
[37:00] to adjourn the meeting.
[37:11] So lawson conference room 1:45.