Good evening, everybody, and welcome to the uh Hampton City Council legislative session.

Uh we have a full house this evening with a number of items on the agenda, and so we're gonna try to make the best use of uh your time and ours to uh get through the agenda in an efficient manner and uh taking all the comments that we need to take before making any decisions on uh what's on the agenda for this evening.

So with that, I'm gonna ask Clerk, please call the roll councilman Bowman, present, Vice Mayor Brown.

Here, Councilwoman Campbell, present, Councilwoman Fairby, present, Councilwoman Harper, present, Councilwoman Lugler, present, Mayor Gray.

Present.

And uh the invocation this evening will be given by Vice Mayor Stephen Brown, followed by the Pledge of Allegiance.

So would you please stand and we do both?

This is Bower Hits in prayer.

Father, we give you praise.

We thank you, Lord, for this night.

We thank you, God, for this season of celebration, season of gift giving season where we make memories with family with friends.

We pray, God, that for those who may not have friends during the season or gifts or family or food.

We pray for them tonight, God.

We pray God that uh somehow and somehow you will provide and meet their needs.

We thank you tonight, God, for this council.

We pray tonight as we deliberate in this chamber, hear the issues of the people and do the business, people uh do the business of the people tonight.

I pray God that we'll be civil, we will be respectful, and God, we will make the best decision that we can make as a city council.

Thank you for those who've gathered, thank you for those who've come, and thank you for our great city of Hampton.

We pray for those who are in harm's way tonight, our first responders.

We also look to those who have given the ultimate sacrifice, where they laid their lives down for this country, that we can enjoy the freedoms that we enjoy.

And so whether we celebrate Christmas, whether we celebrate Hanukkah, whether we celebrate Kwanzaa, or whether we celebrate it all, let us be respectful and kind and love one another.

In Christ's name we pray, all of God's children say it together.

Amen.

How many people out there have eaten at Mango Mango?

Yeah, just look at that.

And uh so um Lakeisha Brown Renfro, Tunisia Willis and Inzinga Talule Hakima started, uh also known as Dr.

T.

Started out with a 10-year business plan, and after a decade of feeding us and hosting us, they're sticking to that plan and bringing an end to the chapter of uh Mango Mango.

And uh, but don't worry because they're not going away.

Uh the Simply Panache mango ladies have always had a vision that was too ambitious to be contained within four walls in the storefront, and that vision has been for the whole community through dining.

The Simply Phoenach brand is instantly recognizable around Phoebus as a symbol of high quality, positive energy, and community engagement, and that's something that's not going to change at the end of the year.

Uh one more uh bit of good news is that the mango ladies promise that they'll do pop-ups where they can to uh allow you to continue to purchase some of their delicious food.

And so this evening I want to uh recognize Letitia, Tanisia, and Nzinga uh for a decade of work uh on the Mellon Street with Mango Manual and wish them can continue success with their panache business uh ventures.

And you know, uh for 10 years, and I mean if you've been to Fevers lately, you just know that the that the vibe in Phoebus has changed over the years.

It's just a thriving area, and Mango Mango has been a part of that.

They've actually contributed to bringing that vibrant to Feebus.

And so we wanted to uh at least uh say a special thank you from you know Hampton City Council and everybody in the city of Hampton for your investment in our community and uh you know, really uh giving people a place to go and enjoy.

And you know, I've talked to friends on the South Side, they've all come over and enjoy Mango Mango, so your restaurant is known not only here in Hampton, but all around the region, and we want to thank you for your 10 years of service there.

So uh I'm gonna come down here.

We've got a couple of presentations.

We want you to come over, and I'm inviting council members to come down so we can get a photo uh with you and uh again uh show our appreciation for your commitment to our community.

Thank you.

All right.

All right, so we don't mess this up.

We're gonna start with this camera right here, this camera right here, this camera.

All right.

Ready?

All right.

Thank you.

Good evening, everyone.

I have a soft voice, so can you all hear me?

I just want to say a few words very simply.

I know we have a busy night tonight, but I just want to say thank you on behalf of the Mango ladies and the Simply Panache group.

Um we chose Hampton and Hampton chose us right back, and so we are so thankful.

And we are very thankful to have been here for 10 years, and we plan to be here for many, many more years.

So thank you so much.

Happy tonight.

Thank you all.

Thank you.

Okay, so the next item on our agenda for mayor's comments is the mayor's holiday cards.

And this is an annual event that we do with students who uh do such a wonderful job designing uh holiday cards.

And so I'm gonna ask Ms.

I Chu to come up and uh introduce the program as well as the uh students who were the uh contestants this year.

Good evening.

Good evening, Mayor, Council members, school board chair, Dr.

Mason, principals, administrators, students, parents, and family members.

Thank you, Mayor Gray, for your continued support in providing this wonderful opportunity for our students to showcase their creativity through the annual holiday art contest.

I would also like to extend my gratitude to Mr.

Kelly D, curriculum leader of visual performing arts at Hampton City Schools, the executive principals, administrators of all of our high schools, and of course the teachers' parents and families who have encouraged and supported our young artists throughout this process.

Tonight we'll come together to recognize and celebrate the remarkable creativity and talent of our high school students whose artwork has been selected as this year's winners.

This event not only highlights the artistic excellence within our community, but also helps spread the joy and spirit of the holiday season.

This year's theme, Holidays in Hampton, inspired students to capture the traditions, landmarks, and local pride that make our city special.

At this time, I will announce the winners.

Students, when your name is called, please come forward and stand beside your artwork.

I ask that you remain at the front until all winners have been recognized.

Our first student winner is Neymar Gregory, a 12th grader.

Twelfth grader from Bethel High School.

She's joined by her parents.

Please stand to be recognized.

The QR code to view the card is displayed on her poster.

You can scan it later.

Our next winner is Alia Boyce, a tenth grader.

Alia is a tenth grader from Kick Atlanta High School.

She's joined by her parents, Mr.

and Mrs.

Boyce, grandparents, and brother, and our art teacher, um, Miss Brooks.

She's also joined by the principal, executive principal of Kick Atlanta High School, Dr.

Lucas.

Please stand to be recognized, Aaliyah.

Come forward, please.

Next we have Jalen Harris, a ninth grader from Phoebus High School.

Executive Principal, Mr.

Kakoli, and our art teacher, Mr.

Hackinson.

Please stand to be recognized.

Finally, we have Anastasia Vaninchek.

An 11th grader at Hampton High School.

Anastasia is joined by her, joined by Heidi Wilson, Executive Principal Mr.

Majick, and her academy principals and our art teacher, Mr.

Cutting.

Please stand to be recognized.

Let's give our students a big round of applause.

Thank you, Mayor Gray, Council members, administrators, teachers, parents, and families for supporting this program.

Congratulations again to our winners.

Your artistic and colorful renditions are truly impressive and have made this holiday season even more special.

We look forward to seeing what you can accomplish in the future.

Can they come up?

We're going to come down and join the uh students for a photo out down there.

And then if there are other photos you want to take, we can do those as well.

Okay.

All right.

Okay.

Yes, happy.

Thank you so much.

Thank you.

I'm trying to wait till everybody getting in position.

All right, big file.

Good center.

I got a command.

Here we go.

No, no, no, no, that's Dr.

Howard.

Now y'all need to go get in the picture.

I'm here to I'm here to get it.

I'm taking the picture.

I don't need to be in it.

She got her executive.

I think this is a three.

All right, everyone.

You're okay.

You're okay.

Yeah, we need that one, but everybody looking right here.

Oh yeah.

Perfect.

Okay, we're ready.

I think we're done.

Thank you.

Yeah, you try.

I got you.

I'll see you tomorrow.

Wait, what does this out?

Yeah, yeah.

Right.

Take care.

And if you are going to get a little bit of a good thing.

Okay.

We're going to resume our meeting.

And uh the next item on the mayor's comments is I'm going to ask the uh city manager to uh speak about our great city employees that always perform at a very high level when we have uh major weather events.

So city manager.

Thank you for the opportunity.

I just want to make sure we take a moment and show our gratitude as a community for the great men and women of our public works department who take really good care of us when it snows.

Um I hate I I can't believe I'm saying that word.

I I generally if you don't let people say that word because in our community, while it's really pretty, it takes a lot a lot of work to take care of the roads for you all.

And I realize you know, some people might have come from places like upstate New York or Maine or Rhode Island where they get snow all the time and they get residential street treatment and all that, but we only get snow every now and then, and so we don't have the equipment or the staff to do all of the roads, but the roads that they do are main roads.

I think you all will agree we're taken very well care of um over the last week so that we could keep going and making sure that we were doing the things we needed to do as a community, getting home safely, getting to work safely, etc.

And so they work quietly behind the scenes.

They work all night long to pre-treat the roads, and they take great pride in their work.

So I asked the mayor if we might all give them a big round of applause and a big thank you.

And we're gonna hope that this is the last time we have to do it this this winter season, but if not, I know they'll be right there doing just as good of a job next next time it happens.

All right, thank you.

And again, they always do a great job, and we can count on them to clear the roads and they uh and get us uh moving as quickly as possible.

So we thank them for all they do.

So thank you for that, city manager.

Um I have uh got in concurrence of city council, and I'm going to uh um move one item on the agenda, which is item 25-0343 uh on the uh establishment of the new polling precinct to first under the public hearing items.

Uh so when we get to public hearings, we'll be hearing that item first and then get back to the rest of the agenda.

So with that, I am now going to ask the uh uh clerk to read the protocol for the consent agenda.

The consent agenda consists of routine, non-controversial items requiring council approval.

These items are typically adopted with one motion and without discussion.

Tonight, your consent agenda approves the fiscal year 2025 year-end budget adjustments and amends the fiscal year 2025 budget to appropriate funds from the general funds assigned and committed fund balance accounts to the general fund operating budgets of several departments, the capital projects committed fund balance account to the Capital Budget Projects Fund to complete capital projects for community development and information technology, and the general funds assigned fund balance accounts to the contributions to outside agencies and non-departmental accounts for various city initiatives.

It approves the assignment of a Commonwealth Development Opportunity Fund Performance Agreement from HII Technical Solutions Corporation to Huntington Ingalls Incorporated.

It adopts the Safe Streets and Roads for All Hampton Safety Action Plan, which allows grants funds from the U.S.

Department of Transportation, Safe Streets and Roads Program, which helps to plan and implement activities preventing deaths and serious injuries on the nation's roadways.

It approves an encroachment agreement between the City of Hampton and Teleport Communications America LLC to allow an encroachment into the city's right of way for installation of fiber optic cable and conduit to serve property and or customers located at 925 Old Buck Road Road.

It corrects the 2026 City Council meeting schedule to correct errors in the meeting dates for October, and it approves the minutes from two city council meetings.

Mr.

Mayor, move approval of tonight's consent agenda.

Second Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

Aye.

All right.

And we don't have any uh presentation proclamations or awards this evening, so we're going to move on to uh public hearings, and I'm going to ask the uh clerk to uh read protocol for public hearings.

The city council is committed to fair and respectful hearings.

The following guidelines help ensure an orderly process.

Individuals wishing to speak must sign up in the city hall lobby, starting one hour before the meeting and ending when the meeting begins.

Speakers will be called in the order they signed up.

Speakers shall address council from the center podium.

Each speaker is allowed three minutes.

The timer has a green light, which will turn yellow with one minute remaining, and then red when the time is up.

All comments must be addressed to the council, and speakers may not yield their time to others.

After all the speakers are heard, the mayor will close the public hearing and invite council discussion and action.

And as the mayor previously stated, we were going to take an item out of order.

So the first public hearing this evening will be item number 14, which is 25-0343.

It's an ordinance to amend and reenact chapter 12 of the city code of the city of Hampton, Virginia, to amend an existing precinct, establish a new precinct, and establish a new polling place for the new precinct.

Thank you.

Okay, and I'm gonna ask the city manager to further explain and introduce that item.

Certainly.

Thank you, Mr.

Mayor.

Um we will have a formal presentation by Deputy City Attorney Angela King, but I did want to make clear for those in attendance tonight that this is an item that is actually coming at the request of city council.

Earlier this year, they heard a recommendation from the electoral board to establish a new polling precinct at Hampton University, and the council enthusiastically endorsed that notion, uh, asking staff to prepare alongside the staff of the electoral board uh the necessary uh requirements to achieve this.

Um I am going to acknowledge, well, if you also don't mind, Mr.

Mayor, that our voter registrar, Tara Morgan is here along with two members of the electoral board, Chair Rebecca Wynne and member Matthew Scott.

Uh they've indicated that they're here just to answer any questions you all might have if some should arise.

But I wanted the public to understand that we won't be having anything other than a staff presentation at this point because this was actually at this point with the electoral board having already made their recommendation earlier in the year.

Council directed staff to take the necessary steps to achieve what we're talking about tonight.

So this is at the council's request.

Okay, all right.

Good evening, Miss King.

Good evening, everyone.

As this city manager indicated before you are proposed city code amendments relating to election precincts and polling places.

This presentation will provide a summary of the legal requirements associated with making those changes, summarize the proposed amendments themselves and how they comply with those legal requirements, and then identify some next steps that staff will need to take should council adopt the amendments.

So as a general matter, state code does provide council with the authority to create and modify precincts, provided that other requirements are met.

For example, when creating a new precinct within a city, that precinct needs to have between 500 and 5,000 registered voters.

The precinct boundaries cannot should not split across congressional or general assembly districts.

The area itself should be compact and contiguous, and the boundaries could be should be clearly defined and clearly observable.

Each precinct must have its own polling place location, and that should be located within the boundaries of the precinct or within one mile of the precinct boundary.

And there is a preference for locating polling places within public buildings.

However, when that is not practicable, other facilities such as educational facilities are also acceptable.

Some other general requirements include that these changes must be done by ordinance, and there are certain public notice requirements associated with the consideration of that ordinance, and as we'll discuss in a few minutes.

Following council's adoption, but prior to the implementation of any covered practice, such as the relocation of a polling place.

The locality must receive a certificate of no objection from the Virginia Office of the Attorney General.

Additionally, these changes cannot be made within the 60 days prior to a general election, and affected voters must be notified of changes prior to the next election, and polling place changes must be posted at the previous polling place.

Now shifting our focus to the proposed amendments themselves, as the city manager indicated.

Earlier this year, Hampton's electoral board recommended various changes, and what's before you tonight reflects council's feedback to create a new Hampton University precinct by modifying the East Hampton Precinct boundaries and establishing the Hampton University Convocation Center as the polling place location for the new precinct.

The reasoning for these proposed amendments is to ease voter access by reducing travel time to the polling place location in light of both distance and traffic considerations, and to improve election administration overall by reducing congestion and wait times.

And this slide helps to visualize the proposed amendments.

This includes three changes.

The main change is the creation of the Hampton University Precinct.

As you can see here, that will be carved out of the southwestern portion of the existing East Hampton Precinct.

Generally, this area includes the VA Medical Center, the Hampton University Campus, and the immediately surrounding area, all to the west of I-64.

This main change results in two additional changes.

First, we need to make modifications to the boundaries of the East Hampton Precinct as well.

And since, and second, since we're identifying a new precinct, we also need to identify a new polling place.

Again, that will be the Hampton University Convocation Center.

Also shown on this slide, you can see that currently the East Hampton Precinct has approximately 4200 registered voters.

Under the proposed changes, the Hampton University Precinct would have just over 2,000 registered voters, and the modified East Hampton Precinct would retain about 2200 registered voters.

Now, thinking back to those legal requirements that I mentioned earlier, both the proposed and modified precincts have between 500 and 5,000 registered voters.

They do not split across congressional or general assembly districts.

They're compact and contiguous, and their boundaries are clearly defined and clearly observable.

Additionally, the polling place location for the Hampton University Precinct is located within the precinct boundaries and is an acceptable educational facility.

And there will be a polling place license agreement executed between the city and Hampton University regarding the city's use of the facility for election purposes.

Procedurally, proper notice has been given for consideration of the ordinance before you.

Now, should council adopt the amendments, there are some additional steps that need to take place prior to the implementation of the changes.

As mentioned earlier, staff will submit a certificate of no objection to the attorney general.

This will identify the authority and reason for the change, the impact of the change, provide copies of related documents and certain certifications.

If the attorney general's office approved, then there are certain maps and documents that staff will need to submit to entities such as the Division of Legislative Services and the Department of Elections.

And again, there will be notices that need to be provided to the affected voters, both via mail and posting at the polling place location.

While the exact date will depend on when we get a response from the attorney's general's office, these changes will be implemented more than 60 days before the next general election.

And with that, I'll open up for your questions.

Any questions, comments from council members?

Okay.

All right.

Thank you, Ms.

King.

No questions for you this evening.

This is a public hearing, so we're going to open the public hearing.

We have uh 23 people signed up to speak on this item.

Uh, you do I do want to respect everybody's right to speak if you want to uh if you signed up uh already.

There's a timer over here.

Uh it'll go green.

Uh you have three minutes to speak.

Uh when the light turns yellow, you have one minute left.

Uh, if you wrote a 10-minute speech, you still only get three minutes to say it.

And so just be mouthful of word o'clock.

Uh the timer is up front.

And so with that, I'm gonna call the first speaker.

And I also will say that you know, given that we have uh several people signed up to speak on the same item.

Uh, if the person before you uh kind of covered everything that you wanted to cover, uh you don't have to take your full three minutes, you can just say I agree with that, or I support that, and uh we'll move on to the next speaker.

So, with that, we'll go to our first speaker, uh, delegate Juan Ward.

Thank you, thank you so much.

Good evening, Mayor Gray and members of City Council.

I want to thank you all so much for this opportunity to speak.

Again, I'm delegate Joan Ward.

I represent the 87th House District of which the East Hampton Precinct is a part.

I offer this testimony in support of the new polling location at the Hampton University Convocation Center.

You know, this past November, Hampton University students arrived at Phoebus High School precinct by buses.

Their enthusiasm, their high turnout, the number of first-time voters completing same day registration were all reasons for celebration.

But their reliance on buses also underscored an uncomfortable truth.

East Hampton is the only precinct in this city whose polling location lies outside of its borders by more than a mile.

And it is a very precinct with the largest population of residents without vehicles.

This outcome was not accidental.

You see, I've been around for a while doing this, and the prior council, not you, removed this walkable golf course polling location that HU students relied on, and it replaced it with a distant, inaccessible site.

Hampton University is now the only major Virginia campus without a polling location within walking distance.

Norfolk State, Old Dominion, Virginia University of Virginia, Women Mary, Christopher Newport, all provide accessible precincts to their students.

So approving the convocation center as a new polling location will correct a long-standing inequity and bring voting access back to the community most affected.

The facility centrally is centrally located, it's designed to accommodate large crowds, is well suited for precincts with high number of first-time voters.

So I ask council to please approve the location that will ensure that Hampton University students, our future leaders, and my constituents can participate in our democracy without unnecessary barriers.

And I thank you.

Okay.

Next speaker is Lance Jones.

Greetings, Mayor Gray and members of council.

My name is Lance Jones.

I am the first vice president of the Hampton NACP.

Our President Gaylene Kenorton is attending the conference and is unable to be here.

However, she sent has sent remarks.

On behalf of the Hampton Branch NACP and the Virginia State Conference NACP, we express our strong support for establishing a new voting precinct at Hampton University.

This initiative is a vital step toward enhancing voter accessibility and empowerment within our community.

For years, Hampton, the Hampton NACP has advocated for a voting precinct on the Hampton University campus to ensure that students can access the polls easily and avoid long wait times.

Providing voting voting access to students not only increases civic engagement, but also fosters a sense of community responsibility.

Colleges and universities across the Commonwealth and the country already have polling locations, and Hampton University students deserve the same opportunity.

Voter rights and accessibility are the bedrock of the NACP mission.

We believe that every citizen should have the opportunity to participate in elections and without barriers.

A precinct at Hampton University would symbolize inclusivity and commitment to fostering democratic participation among young voters.

In conclusion, we urge the council to consider the positive impact that a new precinct at Hampton University would have on our youth and the greater community.

Let us work together to ensure that every voice is heard, every vote counts.

Please vote to have a polling location at Hampton University Convocation Center.

Thank you and happy holidays.

Mayor Gray and City Council members, my name is Virgil Thornton.

I'm a resident of Fox Hill.

Also represent the 86th district of Hampton.

And I just wanted to say that I agree with the speakers before me, so I won't uh belabor the point, but I do want to bring about a little history.

And that is it's uh Lyndon B.

Johnson, our 36th president, who is credited with expanding our democracy.

By engaging to speak the Voter Rights Act of 1965.

He saw the importance of giving everyone an opportunity to vote.

And if we have that opportunity to vote, but can't get to that location.

What good is that opportunity?

So I ask the council to vote yes that we put a precinct on Hampton University's campus so that we can give those veterans who gladly put their lives on the line to protect our rights.

And we can also have a precinct where we have students who can grow to our future and preserve those rights.

So again, I ask you to give us the opportunity that our president, Lyndon Johnson in 1936 and 1965, gave us to expand our democracy by allowing more citizens to vote.

And by putting this precinct on Hampton University campus will give us that opportunity for more voters to vote.

Again, I thank you for your time.

Thank you, Delegate Thornton.

Next speaker is Dilave Minor.

I'm going to defer to next speaker is uh President Darrell K.

Williams.

Sorry, Mr.

Mayor.

Uh good evening, Mr.

Mayor, members of the City Council.

This is uh both professional and personal for me.

I represent two constituencies.

One is a 37-year military veteran and wanting to provide greater access to voting for veterans, and then certainly now as a president of Hampton University and all of our students.

First, I'd like to thank the City Council for what you do for our wonderful city each and every day.

Hampton University is proud to be a member of this great city and all that you represent.

Creating a precinct at Hampton University will significantly benefit both the residents of the City of Hampton as well as the students on Hampton University's campus.

I will use just a minute of my time to ask all of the students and administrators of Hampton University to please stand.

Thank you.

You may be seated.

I only ask them to stand to highlight the importance of this very significant initiative and the population that it will impact.

The research shows that when polling places are distant or difficult to access, when transportation is limited, when lines are too long, when voter participation will be negatively impacted.

This is particularly true of our younger voters.

Establishing a precinct at Hampton University is not merely a matter of convenience.

It is a critical step forward in ensuring that every single eligible voter has a fair and equal opportunity to participate in our democracy.

I am here tonight to lend the full weight of the Office of President to the execution of this initiative is it is if it is approved.

And so again, thank you for your consideration, and we continue to be proud of our collaboration with the city and on behalf of our students and our veterans.

Thank you, President Williams.

Rosa Riddick.

Okay.

Hi, good evening, everyone.

As part of our recent Get Out to Vote at first with NAACP campaign in the canvas scene, I had the opportunity to observe and support the civic engagement taking place among students at Hampton University.

One thing became very clear throughout this process.

Throughout the election period, many students share how eager they were to cast their ballots and make their voices heard.

Their level of interest and readiness to vote was strong and consistent.

However, I also heard about a challenge that affects many students, the distance to the current polling location for students without reliable transportation or for those balancing classes, work, and other responsibilities.

Traveling off campus to vote can present a real barrier.

This concern came up repeatedly, not as a complaint, but as a practical issue that affects assess.

Yes, there may have been maybe one or two students.

They use the lack of transportation as an excuse, but let's just take that excuse away.

This is why the idea of establishing a polling precinct directly on the Hampton University campus is so important to consider.

And on campus location will provide a convenient and accessible place for eligible students to cast their ballots.

Universities are centers of learning, community, and civic awareness, and having a poll in place here was support that role.

Making voting accessible is not about granting new rights.

It is about ensuring that existing rights can be exercised without unnecessary obstacles.

An accessible polling option help make that participating possible.

We had an opportunity to canvas.

So let's go ahead and put that precinct at Hampton University so our students can be the completely example to others.

Thank you.

Okay, thank you, Miss Ridd.

Next speaker is uh Dr.

Richard Mason.

Good evening, Mayor Gray, Vicemair Brown, distinguished members of Hampton City Council.

I am Dr.

Richard Mason, the chair of Hampton City School Board, also a proud graduate of Hampton University, class of 1991, Ogrify Ogre 7.

I stand before you tonight not only as an elected official, but as a son of the city whose life was shaped on the very campus that we're discussing today.

When I was a student at Hampton University, I was taught that leadership is not just a title, it's a responsibility.

Professors like Novell Dickinson and Senator Mamie Locke encouraged us to speak up, to get involved, and to pay attention to what was happening right here in Hampton.

They taught us that democracy works best when young people recognize their power and use their voices.

That lesson has never left me, and it's what brings me here this evening.

Placing a voting precinct at the convocation center on the campus of Hampton University is not just a logistical decision.

It is an investment in civic engagement, in empowerment, and in the future of Hampton.

By placing this precinct where students already gather, study, and build community, we make participation accessible, equitable, and meaningful.

This precinct will give Hampton University students something they deserve, an active and convenient pathway to exercise their constitutional right to vote in local elections that shape their neighborhoods and national elections that shape their futures.

These young people are not temporary guests in our city.

They contribute to our economy, our workforce, and our cultural vibrancy.

They are a part of the Hampton family, and they deserve a seat at the table.

As an alum whose life trajectory was shaped by mentors urging me to get involved.

As a school board chairman who sees every day how critical civic responsibility is to a healthy society.

And it's important to note that over 900 alums have signed a petition in support of this.

So thank you for your time and consideration.

Happy holidays.

Okay.

All right, thank you, uh Dr.

Mason.

Uh next speaker is Betty Coons Johnson.

She's not here.

Is she approved?

She's not working.

Good evening.

My name is Betty Coons Johnson.

I received my master's from Hampton University, and I've been an advocate and a supporter ever since.

Section one of the 15th Amendment to the United States Constitution.

The right of citizens of the United States to vote shall not be denied or abridged by the United States according according to race, color, or previous condition of servitude.

Now we got that.

But what about accessibility?

I stand here tonight to urge City Council members to consider making the Hampton University Convocation Center an official polling location for future city, state, and federal elections.

What an opportunity it is to encourage the Gen Z to vote.

Having a polling location on HU's campus would achieve that end.

We all have a civic responsibility to encourage young voters to vote.

And that includes the Hampton City Council.

I do urge you to give the students this opportunity, as you heard Rosa Riddick state all the reasons that we need this.

Please reflect.

Let's go beyond the 15th amendment for the right to vote.

And expand.

Add a voting precinct to Hampton University's campus.

All right.

Thank you, Miss Coos Johnson.

Our next speaker is Jaden Watson.

Good evening, Mayor Gray, Vice Mayor Brown, and distinguished council members.

My name is Jaden Watson, a junior at Hampton University, currently serving as the 80th Student Government Association Vice President.

I'm here tonight to discuss an opportunity to strengthen our community bonds by establishing a polling location on our campus.

Having a polling place at Hampton University isn't just about convenience.

Voting is not just a responsibility to each individual, but it is a communal act.

And by participating together, we reinforce our ties into the Hampton Roads area, furthering a collaboration between students, residents, and valued members, such as our veterans.

By voting for this polling location at Hampton University Convocation Center, you are investing in a more engaged and connected community for everyone.

Thank you all, and I'm happy all days.

Next speaker is Kevin Jones.

My name is Kevin Jones, and I'm a second year political science major, concentration and policy administration leadership studies minor on the pre-law track from Jackson, Mississippi, and I'm a sophomore at Hampton University.

I am also a student leader at Hampton University and one of the student leaders pushing to make that University Convocation Center the newest polling precinct in the city of Hampton.

This change matters because it gives students real access to the ballots and economic opportunity.

Students can work at the polling site, earning money and income while also fully participating in the civic engagement process.

I am a proud member and I'm very proud to lead this effort.

And our message is simple.

We want to vote.

We want to serve and we want to help shape Hampton's future as Hampton residents.

And at this time, all persons who are here in support of establishing a new precinct at Hampton University Convocation Center, please stand.

This shows Hampton University, you may be fitted.

This shows Hampton University's fostered commitment to make Hampton University a polling location.

I want to thank Hampton University officials and the student body for lead for trusting me to lead this opportunity and this initiative.

And in closing, I would just like to introduce over 25 letters from Hampton University students as written testimony as they are not able to be here today, but they would still like their voices heard, and I ask that it be entered into the record as well as a petition from Hampton University students while over 200 signatures asking that the city council make Hampton University Convocation the newest polling location and polling precinct in the City of Hampton.

Thank you.

Mr.

Jones, you can give those items to the take those.

Okay.

Sorry.

Here's the petition.

I have the letters right here.

Sorry about that.

Yep.

Okay.

Take your time.

You can you can just step over and uh see the officer over there.

He'll he'll help you with that.

All right.

Next speaker is Calvin Harris.

President I'll refer to the next speaker.

All right.

Thank you, Mr.

Harris.

Uh next speaker is Jade Abu Bakar.

Don't know if I said that correctly.

Good evening.

I'm present.

I'll also defer to the next speaker.

Okay, thank you.

Uh next speaker is all right.

I got Jaden Watson on here again.

Is that uh somehow you ended up on the list twice?

Is there another Jaden Watson in the audience?

All right.

I also have Kevin Jones on here twice, and Mr.

Jones just spoke.

Is there another Kevin Jones?

All right.

Okay.

All right.

Next speaker, and none other than Aaron Weaver.

Good evening.

Okay, we're gonna make this quick.

Aaron Weaver.

I support this ordinance and it is overdue.

It strengthens the voting access for the people who live, study, and work in our community.

I speak from experience though.

I am a member of Onyx 7.

Hampton freshman year, I was uh we're gonna say I was coerced or told that I had to have that full college experience.

So I was staying in Harkness Hall.

But I had one advantage that my that my constituents and my classmates did not have.

I had a car.

When it was time to vote, I drove my classmates all the way around.

A lot of classmates.

Also at Walmart runs and all the other kind of runs that we had to make.

Um another another can one came from California, another came from Seattle.

They depended on me because getting to the polls was not simple, but it was not an option that we weren't gonna go vote.

Years have passed since then.

Um the university hasn't approved the transportation with buses.

Students should, but students should not have to rely on limited options just to exercise their basic right, like what we saw at Thebus High School this last November.

Um it should everything should the convocation center exists, it is accessible, it is safely handled.

Um, both students, nearby residents.

This solution is straightforward.

Creating these uh this precinct does two important things.

It gives Hampton University students access, the direct access to the polls.

It eases the pressure on the Phoebus precinct, which has faced growing demand challenges based on that past November.

Both areas benefit voting becomes easier, not harder.

And our city shows that access matters.

The ordinance is practical, it's fair, it's long overdue.

I ask council to adapt this so Hampton can demonstrate that every eligible voter deserves accessible, safe polling place.

This is how we strengthen our participation.

Have a good one.

All right, thank you, Mr.

Weaver.

All right, next speaker is Stephanie Durard.

Okay, I just wrote a name down.

Good evening, Mayor Gray, and members of the city council.

My name is Stephanie Durah, and for the last two elections, um, I was office of election, and this last one, I was the chief um officer officer.

So I'm just bringing um the experience that I have with the students.

I'm so proud.

I am too a graduate of Hampton University over 11.

And I um agree with what everyone else has said, and that day it was very um long.

Um we had students there, they were very patient with us because we had a lot of students this same day, some that already did um same day, so they were able to get in.

And I just think having a precinct on campus would be smoother, and you know, students can get in and go to class and um exercise the rights to vote.

So I would ask that y'all would consider to have uh a precinct on Hampton University's campus to allow students the access and the um veterans and that the neighbor people that live in the residence around Hampton University.

We had um a lot of students, they came, but unfortunately, where they Hampton University provided transportation, they had to wait and wait and wait.

Whereas if they have transportation on, um, have a precinct on campus, they can come in, vote, and then leave.

So I think it would be a great idea to have a precinct on campus and um make things easier for the um East Hampton precinct and have an um uh precinct on campus.

So that's it.

Okay.

All right, thank you, Mr.

Next speaker is Cassandra Austin Townsley.

Good evening, Mayor, Vice Mayor, City Council members, residents, and HU students.

I Cassandra Alton Townsley and a silver life member of the NATP, and I am definitely in support of this.

I stand before you as a resident of this city and the proud mother of a HU graduate, Malachi Townsley.

He's been an award-winning public speaker since the age of nine, and a large part of that began with understanding the power of his voice and his vote.

I was the parent who brought her child to the polls every single election.

We never missed one from the time he was old enough for me to lift him up and put and allow him to pull the levels, and I know most of you are old enough to remember the levels we had to pull.

Okay, we didn't have the paperclass, we had levels we pulled.

And he pulled those levels and we taught him.

He started at an early age, and he proudly earned his bachelor's degree in political science from HU, carrying forward the lessons I taught him in those voting booths for so many years.

But while my son had the access and the opportunity to learn the importance of civic engagement, many students face real barriers, limited transportation, tight schedules, and unfamiliarity of off-campus polling locations.

These opticals don't reflect a lack of interest, they reflect the lack of access.

Establishing HU convocation location as its own voting precinct is simple, meaningful step that tells these students your voice matters here.

It removes confusion, removes hardship, and strengthens our city's commitment to fairness and participation when voting is convenient.

Young voters show up eager, prepared, and ready to contribute to their community.

This is not a partisan request, it is a practical one.

It is about equity, access, making sure thousands of students who live, learn, and contribute to this city can take part fully in our democracy.

Tonight, I respectfully ask you to vote in favor of creating a voting pre-state at HU, and it will empower students, strengthen participation, and help build a more engaged civic future for Hampton.

Thank you so much for your time.

Thank you, Ms.

Townsley.

Our next speaker is Courtney Johnson.

Good evening, everyone, and thank you for giving me the opportunity to speak tonight.

My name is Courtney Johnson, and I am a third-year journalism major with an emphasis in cinema studies from Atlanta, Georgia, and I have the privilege and honor to serve as the Hampton University chapter president of the National Association for the Advancement of Colored People.

Tonight is a monumental moment.

We stand at a turning point in history, not just for Hampton University, but for the city of Hampton itself.

We have the opportunity to do something powerful, something impactive and something our ancestors would be immensely proud of.

For centuries, African Americans have fought, marched, protest, organized, put themselves on the front lines, and even lost their lives as they fought for the right to vote.

Oh, if that right was not handed to us on a silver platter, but earned with blood, sweat, and tears.

Even though we have made significant strides, challenges still arise as we try to fulfill our civic duty and rights.

Based on people of color, time and time again, we have demonstrated our ability to silence excuses, defeat oppositions, and rise in the face of adversity.

Now it's no different.

And I absolutely refuse to accept and allow excuses.

We hold such a powerful tool in our brown, beautiful hands, a tool that builds, a tool that fixes, a tool that protects and transforms.

That tool is voting.

Voting isn't just a civic duty, it is a force to be reckoned with.

There is no tool more powerful than that of voting.

We can use this tool as we work collectively to carefully construct our futures, change policies to support all Americans, and empower leaders who will fight for our right to vote.

Voting is a tool that we can use to create social justice and equality for all Americans.

As a proud student at Hampton University, where excellent is the standard, I am confident that not only are NAACP chapter members, but the entire student body are ready to use our tool to build a world that is the true definition of liberty and justice for all.

Tonight on behalf of our chapter, I urge you to use your tool and cast a vote that will allow Hampton University to serve as the 31st voting precinct, and it'll be evident that we are serious about making our voices heard, accessibility, and equal voting opportunities for all.

We are committed to shaping a better future.

This is our responsibility, and the power is in our hands.

Tonight, I ask and urge each of you in this room to stand with us hand in hand as we make history together.

Thank you.

Thank you, Ms.

Johnson.

Next speaker is Malika Townsley.

As you know, my name is Malachi Townsley.

Um I first brought this it when I first brought this issue to TikTok and actually like found out about what was happening last year when this was being talked in front of the electoral board.

I have to admit, I had no idea that it would result in what we see here today.

But some things that I do want to leave you with as far as closing remarks, I guess, from some things that aren't really repetitive.

Umside of Hampton University, the larger community, I've actually gone door to door and like talked to people face to face over a course of the past two years.

And the main things that I see that's an issue both on campus and off campus is education and accessibility.

Hampton University does not just allow accessibility for students, but for the larger community at large, as they have a bus station right outside of the campus.

It is easy for anyone to just go and walk and vote on the spot.

So while the students are here today in droves with hundreds of people representing them, there is a larger community that is not being represented or voiced here, who also is in need, and that wouldn't really have accessibility with any other polling location.

When it comes to education accessibility, I've spent time, hours upon hours talking with students and people about what actually is being affected and what's impacting their voices in this election, in last election as well for the presidential election.

I plan on continuing those works.

I plan on continuing making it accessible for students and for the community at large.

But I do understand that I cannot do it alone.

We live in a country of laws.

And I realize that without all of you here fighting for our rights and representing us, I can do everything that I can to make voting as accessible as possible and allow for these students to fight for their rights as much as I can.

But it makes my job a lot harder.

And considering that our government is meant to represent the constituents at large, I am asking that you look at us not just as people that may be a small population, but as the constituents that you all represent and what is going to be fair for all of us to make our voices heard and protect the injustices that could be happening at home or abroad.

Thank you.

Thank you, Mr.

Townsley.

Uh, next speaker is Tamara Williams.

Good evening, Mayor Gray, Vice Mayor Brown, and the City Council.

I am Dr.

Tamaro MB Williams, and I'm a longtime resident of the city of Hampton, and I have been a professor at Hampton University for 18 years.

Um, where you have already heard from our students this evening, we are the standard of excellence, and they have shown up tonight.

And I want to just note that they showed up in the midst of finals.

Not when it's convenient, not when it's easy, but when it's absolutely necessary.

And so I wanted to also show up this evening in support of that and to ask that you support that request that you already are here, and we thank you for your time and your efforts.

All right, thank you, Miss Williams.

Uh, next speaker is Neva Byerly.

Okay, um, good evening.

Um, I just wanted to say two things.

One is I agree with what everybody else has said tonight, and two, I just wanted to say to the students who came tonight that I'm I'm so proud of you.

Thank you.

Okay, thank you.

Uh next speaker is Ken Elizier.

Greetings, everyone.

I just want to be able to give my voice in the affirmative.

I was at the Phoebus station when we voted, and um it would be more efficient if they were able to vote on campus.

It makes sense, and uh not less confusion in terms of which lines to get in, etc.

But also um, it just makes sense too from a safety standpoint to keep the kids on campus, excuse me, not kids, these young adults on campus.

Uh I also want to remind that I don't know, maybe half of you here, maybe one-third of you couldn't vote when you're 18.

Had to wait until you're 21.

Remember that?

I couldn't.

So the issue was not a problem on campus.

So I hate to see that they would miss class.

I hate to see that they would miss their meals or anything else, just to be able to vote to be able to exercise their civic duty that some in our generation fought very hard for them to be able to exercise.

So that's the main thing, and I and you know, I don't want to see them going off campus if they don't have to.

And and uh also it's an inconvenience for the regular voters uh to to all of a sudden have a busload of of uh 20, 30, 40, 50 students all of a sudden show up.

I don't think that's fair for the the registration board and everything, especially since they not are not only just voting, they're also registering.

So it is a process.

So can keep that in consideration so I give my voice in the affirmative.

Thank you.

Okay, thank you, Mr.

Yelazier.

Next speaker is Linda Holmes, Linda Holmes.

Okay.

All right, and then the next and final speaker is Natalie Kidd.

Good evening, Mayor Gray, Vice Mayor Brown, and the rest of City Council.

Uh, my name is Natalie Kidd, and I'm here to speak on behalf of the polling location being added to Hampton University's Communication Center.

As a young person myself, I know the importance of getting young adults to be civically engaged in their communities they reside in.

This includes voting in the communities they reside in.

We have a diverse community that adds to the greatness of our city, and our community is blessed to have such a high caliber of university students within Hampton University.

HGU produces the next generation of leaders and change makers, and we want them to remain in the city of Hampton post-graduation.

We should not be working against these students by making their access to voting in the city difficult.

Currently, as you may know, the East Hampton polling location is far outside the actual boundaries of the East Hampton precinct.

It is an hour and a half walking round trip from the campus of HU to the East Hampton polling location located inside Phoebus High School.

I actually have the opportunity to relocate to Blocksburg this election cycle to directly work with Virginia Tech students regarding voting rights and access.

A school that has a long history of disfranchisement to student voters since the early 2000s has now progressed and actually has three polling locations inside of its campus.

The result of this of uh the result of having an on-campus polling location.

We were able to register over 3,000 student voters and on those campus precincts.

We had 141% turnout rate compared to the 2024 presidential election.

And the longest line to vote on election day was only 15 minutes.

This is not the same story for HU students currently.

They want to be civically engaged in the city they live 10 or more months of the out of the year.

They proved this despite all the barriers facing them when voting this November, including long lines and a long commute to their polling location.

They had a 114% turnout rate compared to the 2024 presidential cycle, the second highest campus voting turnout across our commonwealth this election cycle.

Imagine the amount of continued seven civic engagement we will continue to receive from these students if we give them fair access to voting in their city by adding a polling location to Hampton University's convocation center.

Thank you for your time and consideration in allowing HU students to be fully civically engaged in their city.

Thank you.

Thank you, Ms.

Kidd.

All right, that is the last person to sign up to speak under the public hearing on this item.

So I'm going to close the public hearing and call for a motion in a second.

Mr.

Mayor.

Such amendments to be effective upon issuance of a certification of no objection by the Office of the Attorney General in accordance with Virginia Code two four.

Authorise the General Registrar to request a certification of no objection from the Office of Attorney General and Authorise the City Manager to execute the proposed polling place license agreement presented in the agenda package.

The motion carries, so I know some people may want to leave after the speakers, and we're going to take a ten minute break.

And so those of you who want to leave, feel free to do so.

If you want to stay, we have several other items for on the agenda that you can be a part of.

So please please keep it quiet on the way out.

Thank you.

All right, we will call our meeting back to order.

Um next item on the agenda is the annual action plan amendment.

Um I ask to the city manager to introduce that item.

Yes, Mr.

Mayor, um, as our community engagement manager Monica Mayhar is coming up to to do the presentation.

I'll just indicate that this public hearing will accept final community input on proposed amendments to our community development block grant and home program budgets.

Uh these amendments were developed jointly by our city staff and community development and the Hampton Redevelopment and Housing Authority, and we believe you'll be pleased that we were able to find some money to direct to some high priority projects specifically around home ownership for low to moderate income and individuals.

Thank you.

Well, good evening, Mayor Gray, members of council.

We are going to discuss our 2024-2025 annual action plan amendment.

Our annual action plan includes how we will be investing our community development block grant as well as our home investment partnership funds.

It allows us to implement the priorities that are detailed in our five-year consolidated plan as we work towards advancing our housing and community development goals.

And our plan always is approved by the Department of Housing and Urban Development.

Whenever we're looking to make a substantial amendment to the plan, anything that any budget adjustments that exceeds 25% of an activities budget, we do have to go through a CDBG and home citizen participation plan.

And so prior to this evening, we have opened up a 30-day public comment period, and then we look to conclude that period this evening with the public hearing council and approval from City Council this evening.

Our primary objective with the community development block grant is to develop viable urban communities by providing decent housing, a suitable living environment, and expand economic opportunity.

It details moving $8,000 from our disposition accounts from older uh years.

You'll see that it's from 2019 to 2020, um, as well as our acquisition activity, and we're looking to move that those monies into our housing programs.

And so with both of these changes that will allow us to increase that activity by 78,000.

And these are our housing programs that we put towards our weatherization and energy improvement programs as well as our accessibility programs.

And we believe that this amount will be able to serve two to three um households.

The rationale for this amendment.

So our CDBG funds are no longer used for blighted property and acquisition.

This is primarily due to just strict federal requirements that are associated with using these funds towards property and um acquisitions and maintenance cost.

The capital budget funds also supports the uh blighted property acquisitions already, so we don't foresee any negative impact to continuing to acquire blighted property.

And also the remaining CDBG balances from discontinued acquisition and our disposition activities will be reallocated to housing programs, and we believe that this is going to, and it will directly assist our low and moderate income households.

So shifting gears to home.

The primary objective for our home investment partnership program is to expand affordable housing, strengthen the ability of local governments to provide housing, and expand the capacity of our nonprofit community-based housing development organizations.

And a nonprofit participation is included.

We set aside 15% of the funds for our certified community housing development organizations, also known as CHOTOs.

Okay, so our home proposed amendment details moving funds from our new housing construction activities as well as our home administration activity.

Acquisition and rehabilitation into our home buyer assistance program.

And so we're very excited that we were able to find over $800,000 to reallocate into home buyer assurance assistance.

And so this provides down payment and closing cost assistance to those low and moderate income first-time homeowners.

And we believe that this is going to be able to impact 25 to 30 households.

The rationale for this adjustment, as well as why we had those funds to move.

Our new housing construction and acquisition and rehabilitation activities have been paused, largely due to our marketing conditions and rising construction cost.

High construction and land acquisition costs to make it difficult to build homes that can be sold at the prices affordable to income eligible home buyers.

In addition, our demand has increased drastically for down payment and closing cost assistance as a result of rising home prices.

And the program funding can be restored in future years if the market condition improves and if the demand for these activities increase.

So to conclude our amendment, we um began with our 30-day of public comment.

We'd like to close our public comment period following our discussion.

And our goal is to submit our amendment to HUD by the end of this week.

I am here as well as colleagues from the housing authority to answer any additional questions you may have.

Vice Mayor Brown.

Yeah, thank you, Monica.

Just a quick question in public comment.

Do we ever get any comments?

We have not received any comments, no, sir.

Must be doing a great job then.

Thanks.

Okay.

I do have one question regarding the pause on the home rehabilitation program because we had previously funded money and understand from reading project tracking that there are still projects ongoing.

Is that separate pot of money that was set aside by council from the um the CARES funds?

CARES funds.

Correct.

Okay, so that is still ongoing.

That is still ongoing, and we have not reallocated any of those funds.

It is our intention to use all of those as intended.

All right, thank you.

Okay, any questions, comments?

All right, thank you, Miss Mayhawk.

Thank you.

All right.

So uh this item uh does require a public hearing.

Uh so we'll open a public hearing.

There is no one signed up to speak, so we'll close the public hearing and call for a motion.

Mr.

Mayor, I move that city council approve the 2024-2025 annual action plan amendment as presented in item number 25-0336.

Just a second second.

All right.

We have a motion, a second.

Is there any further discussion?

All right, there being no, would you call a roll, please?

Councilman Bowman.

Aye.

Vice Mayor Brown.

Councilwoman Campbell.

Aye.

Councilwoman Theraby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Mudler.

Aye.

Mayor Gray.

Aye.

Item number 11 on your agenda this evening is 25-0332.

It's a rezoning application 25-0322 by Gloria Higuera Lopez to rezone approximately 0.15 acres at 1700 East Bembroke Avenue, LRS M12003841 from limited commercial C2 district to the one-family residential R9 district with proffered conditions in order to construct a single family dwelling on a vacant lot.

Mr.

Mayor and Council Members, City Planner Hanvu will be doing this presentation for you tonight.

Thank you, Cedar Manager.

Good evening, Council members.

I will be presenting rezoning application number 25-032.

The subject site is 1700 East Pembroke Avenue, and the applicant is Ms.

Gloria Lopez.

This is a rezoning application for the parcel located at 1700 East Pembroke Avenue from Limited Commercial C2 District to one family residential R9 district with proffered conditions.

This is the general location of the site as outlined in blue.

It is located on East Pembroke Avenue again.

The proposal would include a 1930 square foot single family home with two stories, three bedrooms, and three and a half bathrooms with an attached garage.

And the vehicle access will be off of Smiley Road.

This is the general lot layout.

At the top, we have East Pembroke Avenue.

To the left, a Smiley Road, and in blue is the proposed single family home.

And again, this is the vehicular access off of Smiley Road.

This is the proposed building elevation.

Top left is the view from Pembroke Avenue.

And bottom right would be the view from Smiley Road.

The site currently is Zone C2, limited commercial.

And the future land use map calls for commercial for the site.

And these are the public policies from the community plan applicable to this application, including encouraging a diverse mix of housing types, safeguarding the integrity of existing residential neighborhoods, promoting and enhancing the identity and scenic qualities of city corridors and gateways.

And furthermore, the plan also categorize Pembroke Avenue as a residential corridor with commercial notes.

And what that means is commercial uses are encouraged to be concentrated within those commercial notes.

And Pembroke Avenue is becoming limited in commercial demand.

Hence a lot of these segments may be more suitable for in-fill housing development.

And these are the public policies from the Bug Row Master Plan, including single-family housing on Pembroke Avenue, will be improving the character of the street, as well as providing a gateway and character to Buck Row neighborhood, as well as in the plan also indicates there is a weakness in old housing stock as well as a demand for single family home in Buckrow.

And then the plan Pembroke Avenue is also identified as an improvement opportunity, and this really indicates that there has been a growth pattern reflecting the limited demand for commercial uses, leaving many commercial zone properties on this corridor unutilized as well as the tear rating.

And so the plan which speaks to infill housing, being again encouraged along Pembroke wherever possible to add character to Pembroke as well as fulfilling that demand for single family home.

And these are the proper conditions, including adherence to concept plan, elevation, building material, fence, and roof, as well as site plan approval and compliance with zoning ordinance.

And this is stab analysis.

The Buck Row Master Plan indicates that this proposal would be fulfilling housing demand in the Buck Row area as was improving the character and the image of Pembroke Corridor.

The proposal would be consistent with the character of the residential neighborhood.

And today a community meeting has not been held.

And the applicant is here.

Should you have any questions for the applicant, their daughter would be here to translate after the public hearing, staff and rec planning commissions is recommending approval of rezoning number 25-0322 with seven proper conditions.

And I will be available for any questions.

Questions.

Okay.

For your presentation.

This item uh does require public hearing.

And there is one person signed up to speak.

And that is Aaron Weaver.

Aaron Weaver, this is gonna be real quick.

Um that what you just saw right there is my only concern that there was no public meeting held.

Um if there was a barrier to the language was a barrier, then there should be an interpreter.

You are coming here right now, and there's no interpreter.

So those neighbors don't know what's going on potentially.

That is a concern for me because I've been in a neighborhood that did not know what was going on until it happened.

That's my only concern.

I'm not neither for nor against it.

We need housing.

I will welcome them as neighbors, but that was my only concern in the process.

Thank you.

Okay, Vice Mayor Brown.

Thank you, Mr.

Mayor.

Uh can you come back up?

Regarding the the last speaker, was there not we can't require a public um meeting, I mean this a neighbors meeting, but was there any reason why there was not a meeting held to get the um responses from neighbors?

Um, the language barrier was the main reason um that they have not held a meeting.

Okay, um councilman Bowman.

If I heard you correctly, the applicant is here today, yes, sir.

And they have an interpreter here today.

Um they have their daughter with them, yes.

So couldn't that have transpired for a community meeting?

Absolutely.

However, um, their daughter is a high schooler, she is still quite young, and I anticipate she may not be able to answer all of the questions the meeting may have.

Okay, thank you.

Vice Mayor Brown.

Thank you, Mayor.

To the manager, uh, do we have a contract with someone who can interpret uh when we have language barriers for community meetings?

We do.

It's provided when requested by an applicant, by a community member, whomever.

We don't send them to every meeting because it's it's it's rare that it is needed, but we are glad to provide it whenever it is requested.

And um, you know, I certainly um uh I I think it should have happened in this case, and I'm not gonna belabor this, but um since we have resources available for folks who have language barriers, I think we need to utilize those.

I would love to hear what the community would have to say about this project, and for that reason I'm going to vote no on it.

Thank you.

Any other questions, comments for staff?

Um sorry.

Uh councilman Bowman.

I like to put the motion out to defer to give the applicant an opportunity to have a meeting, and we can provide the resources.

Um, I don't want to turn someone down for housing, which we currently are in desperate need of.

The resources will not be an issue in terms of getting the interpreters.

That that's as the vice mayor brought up.

We already have a contract, we have a list of certified um sign language interpreters that we can use.

And so if this is the direction council chooses to go in, community development will reach out to the applicant.

We will get the interpreters and we'll make sure that we excuse me advertise to the community that we will have interpreters available.

Ms.

Mayor Point of Order, was that a motion?

Um I do believe Vice Mayor, I mean uh Councilman Bowman made a motion to defer.

Okay, if that's the case, we don't have a second.

Right.

So there's a motion on the floor and we're we're speaking.

Second.

No, I think they were asking a question to the city manager of whether we could provide the interpreter.

Right, but that was in the middle of the motion.

We didn't get a second.

Okay.

So I was gonna ask, I was gonna ask for the second, but he asked a question.

Uh can we can we defer?

So is there a second?

Second.

Okay.

Now we got a fur a motion is second.

Is any further discussion?

If it helps your January meeting dates for the 14th and the 28th.

The 28th.

So we defer to the 28th.

Okay.

All right.

Any further discussion?

All right.

Call a roll, please.

Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

Item number 12 on your agenda is 25-0285.

It is a use permit application, number 25, 0285 of Southern Comfort Restaurant Lounge LLC to permit a restaurant 3 for extended general hours of operation to include alcohol sales and indoor live entertainment at 2163 and 2165 Cunningham Drive, portion of LRSN 7001532.

Mr.

Mayor and Council members, our interim director of community development, Kim Michael will be making the presentation this evening.

All right, thank you.

Good evening, members of council.

This is use permit application number 25-0285 for 2163 and 2165 Cunningham Drive for the Southern Comfort Restaurant and Lounge.

This use permit would allow for a restaurant three for extended general hours of operation to include alcohol sales and indoor live entertainment and the limited commercial C2 and Coliseum Central Overlay.

You'll see the location indicated by the red star.

And here it's zoomed in just a little bit, so you'll see the business is located in the strip strip mall near the corner of Enfield and Cunningham Drive.

A little bit of history.

So in 2020, Southern Comfort Restaurant and Lounge obtained ownership for the restaurant.

On September 9th, 2020, they received a zoning administrator permit for a restaurant with retail alcohol beverage license, subject to standard zap conditions, things such as hours of operation, which were restricted to 6 a.m.

to 10 p.m.

and other traditional standards in regards to sound, live entertainment, zoning ordinance compliance, expiration and revocation.

On September 29th, 2025, they received a zap for a restaurant too, subject to those standards.

So this is currently what they're operating under today.

So currently they're restricted to the hours of operation of 5 a.m.

to 12 a.m.

They're required to comply with all laws, comply with the floor plan, live entertainment, and any applicable outdoor dining.

The purpose of getting the ZAP while they were working through the use permit process was to extend their hours from 10 p.m.

to 12 a.m.

Um, waiting for the approval or denial of this use permit application.

So their proposal, this is an existing establishment.

It includes over 15,000 square feet.

They're proposing alcohol sales and services, live entertainment, a smoking lounge, and event space.

Their proposed hours of operation are Monday through Sunday, 11 a.m.

to 2 a.m.

The zoning map here shows that this uh property is located within the C2 district, also pretty much all surrounded by C2.

Future land use calls for mixed use in this area.

Public policy, so uh to promote compatibility and synergy among among different uses, encourage a mix of land uses that is appropriate for each district, nurture small and startup businesses, expand tourism, entertainment, and cultural opportunities within the city.

Staff analysis, so the applicant has requested the maximum hours of operation compared to those approved for other restaurant free uses.

Staff recommended conditions for hours of operation would balance business operation with public safety concerns, and the existing location and the character of the surrounding area supports the restaurant operation.

So in detail staff recommended conditions, so we'll start with hours of operation.

So we would recommend Sunday through Thursday, 11 a.m.

to 12 a.m.

Friday and Saturday, 11 a.m.

to 2 a.m.

And then additionally 11 a.m.

to 2 a.m.

on the holidays list as indicated in the conditions.

Some other key staff uh recommendation recommendation for conditions include specific locations of indoor live entertainment, window transparency, certificate of occupancy, uh prohibiting third-party promotions, uh, compliance with criminal investigations, ABC licensing and expiration, compliance with laws, and then revocation and nullification.

Specific to security conditions, so we would recommend that the applicant be responsible for monitoring the parking lot for the restaurant and on any portion of public property immediately adjacent to the restaurant premises and parking areas.

That would be a requirement of nine total security guards on site from 8 p.m.

to 30 minutes after closing.

This would include seven security guards, which is one per 75 patrons, uh required to be either inside or at the front door.

Additionally, two uh security guards are required to monitor the parking lot, two extra duty police officers on nights where they're operating until 2 a.m.

So on those nights uh they would be required to have extra duty HPD officers from 10:30 p.m.

to 2 30 a.m.

And then last all additional uh or all excuse me security personnel have to be certified by the Virginia Department of Criminal Justice Justice Services.

We would also require or recommend two exterior cameras for the purpose of effectively monitoring the entryways, an ID scanner for the purpose of verifying the age of all patrons from 8 p.m.

to closing, and this information shall be retained for a minimum of seven days, and any criminal activity observed by restaurant staff or security personnel shall re be reported immediately to Hampton Police Division.

A complete list of recommended conditions can be found in the package.

So at the planning commission meeting, they directed staff to collaborate with the applicant to revise the proposed conditions.

We contacted the applicant to clarify his intentions.

So the applicant responded and provided the following preferred modifications to the conditions.

So in terms of hours of operation, they again request the operating hours 11 a.m.

to 2 a.m.

daily.

The they stated that the purpose is to generate additional revenue during late night hours.

If the request is not feasible, they're willing to compromise with staff's recommended hours, but request extended hours on the day before each listed holiday.

Um and then additionally, additionally, every Tuesday and every Sunday.

Security provisions, so they request the flexibility to schedule security guards and HPD off-duty officers as an on needed basis.

Um they note that timing, capacity, and frequency of events uh make a fixed security schedule both difficult to adhere to and financially burdensome.

They did have two community meetings, and on August 27, 2025, staff attended that meeting, and there was no opposition expressed.

In conclusion, the applicant will have the opportunity present after the public hearing.

Staff recommends approval of use permit application number 25-0285 with 14 conditions.

Planning commission recommends approval of use permit application number 25-0285 when with an amendment to condition number 8B.

And I'm here for any questions Councilwoman Hart.

Um, I have several I don't want to say questions, probably one is a question and one is a comment.

The question is for the smoking lounge, is that like a cigar lounge?

When you say smoking, I know most uh people doing cigar lounges.

Hookah, okay, thank you.

Thank you for that.

Also, if I can just be terribly honest, when you said his amendments, um, his amended um request, the one about the security guards as needed, that's giving me a little pause.

Okay, because we we've had enough safety concerns, and I'm saying that lightly within the city with several establishments, and when you say as needed, um it's just giving me pause.

You know, I'm always willing to give businesses a chance within this within the city, but the citizen safety is always first to me.

Okay, so um, I'm gonna be quite honest.

That's that's giving me a little pause saying, well, as we need them.

Um, and I think that they should go with the recommendation of the community development of what they had stated.

That's just my comments.

Thank you.

Councilman Bowman.

Thank you, Mayor.

Um, I've talked to Mr.

Gomez on several occasions, and I think the just for clarification for my colleagues that as needed.

There are some nights that he might have 50 people, then there might be more nights that he had 400 people.

And I think that's where the difference is.

You can't this staff you can't staff the same amount on different nights.

I think that's what it is, but he's here.

So maybe you can clarify that for us.

Um, we're gonna give the applicant a chance to come up and speak so he can answer those questions.

Vice Mayor Brown.

Yeah, thank you, Mayor.

Um Kim, just going back to one of the conditions is two exterior cameras recommended or required.

Are we requiring that?

Recommend gives me the option.

That would be our recommendation would be that they would be required.

Okay.

If you were to agree with staff record's recommendation, they would be required.

And I think in in terms of councilman Bowman's question, as I have read the document, it looked like the standard is nine security persons on site for events, correct?

Whether it's five people or five hundred people.

That is correct.

So I can explain a little bit about how we came to that.

And we also have Officer Zemankowski here with me as well.

But what we found in our experience is when we do it based on in the moment.

So if we were to go at any given time, it's very difficult for us to know what the capacity is, how many they're supposed to have, where are they at in the moment.

So this was one of the first times that we're we're doing it a little bit differently and requiring the security guards based on the max capacity.

And so that way at any given time we know that they're gonna have the correct amount of security based on the max capacity of the said it because I want the public to know that it'd be it is challenging for us to go into an establishment and determine how many people are in that establishment to determine how many persons are to be in security.

Am I right?

That's correct.

Okay.

All right.

Uh any other questions.

Okay, thank you.

Uh Ms.

Michael.

Uh does uh the applicant have a chance to speak if you want to come up, Mr.

Gomez.

Good evening.

Good evening, everyone.

How you doing?

My name is Eddie Gomez.

Um I was listening, and um I just wanted to say that for the things that I'm asking for here this afternoon.

Um been kind of doing since I've been open already.

I've been open since 2021.

Um it was a clerical error that I have been operating like that, so I am taking all four for any mistakes that have happened since I've been open.

Um I haven't had many.

Um I have been operating on a as needed basis.

Um Ms.

Harper for I've urgent concern, and I appreciate you expressing that.

But I would just like to add that um ever since 2021, I've been operating on an as-needed basis, and I guess it's kind of been proven that my judgment has been pretty fair.

Um I can determine, you know, the amount of people that we are expecting.

I also have a plan in place for security guards that we always have, some on standby.

So if we do reach a certain amount of number of people, and we don't have that many security guards, we have some on standby, they're able to come right in, they're local.

Um I always have HPD on site, so that was never a concern.

So even if we did get slightly over the capacity for the security guards we have, they always willing to help us step in and whatever we need.

And um, I think to this point with the report that I have with the HPD, um, with the poor that I have with the security company that I work with, that I've been doing a pretty decent job.

Um, from what I know, I haven't been a problem to the community at all.

Um just been supplying a bunch of jobs, supporting people with great food, and having fun.

And I try to continue to do that as long as I uphold the operation.

Thank you, Mr.

Gomez.

You're welcome.

I really appreciate you coming and saying that.

Thank you.

Councilman Bowman.

Um, Mr.

Gomez, and uh I want to say this for my uh colleagues.

Um I actually attended two of the community meetings, and you are absolutely correct.

You had um no one that really stood out and said, you know, that you were a problem in the community.

Um, but I just want to commend some of the things that you're doing and relay that to my colleagues, um, some of the things that have not been brought out to the forefront.

Um you've sent countless emails keeping everyone abreast of what you're doing.

Um I think what really um shines uh shed shines the light for me is that you have an excellent communication with the police department.

You have police that actually will be on stand or on premises monitoring the parking lot.

Um we can't pronounce his name, but we call him Officer Z.

I just want to recommend oh well well, applaud him because he's giving you suggestions.

Um he's worked with you.

Um he taught Kylie of you as far as how you run the establishment and both times that I attended the community meetings.

In addition, I think you are the only place that I have seen, and I could be wrong that uses a process where you scan the person's ID.

So if they become a problem, you could immediately do not allow them in.

Using again the police in the parking lot, I think that is a great uh tool.

Um so uh I just want to commend you for the things that you'll put in place to run a safe establishment.

Thank you.

Other questions or comments from council members?

Okay, all right, thank you, Mr.

Gomez.

Um can I add something?

Yes, sir.

Okay, um a lot of the things that they recommend for these recommendations.

I just want to add, I was already doing from the first day I opened up my restaurant and lounge, the whole just about the whole list.

Only thing that I wasn't doing was had the mandate for security guards or the mandate for the Hampton Police Department.

I think putting those two strains on the business would make it difficult for the business to function and produce enough revenue to stay functioning while I do things like try to support the community with give backs and things like that, those type of things offset me not having to have a defined schedule, so then I will have to try to find out how would I try to recoup that financial strain that I'm having because again, if I have nine security guards and two police officers outside, and I only have 20 patrons in the building, um, of course, that's starting me off in the red.

And um again, I've been you know operating up to I think to City of Hampton standards for the past four and a half years now, very minimal problems.

Um I don't have no problem with the neighbors, officer Zimkowski.

You know, every time I might do something that I didn't know I was doing from inexperience, I automatically straighten it out for him, let him know that I straightened it, whatever he needed me to do, I always done.

So I feel like I have a great rapport with him, and I'm just trying to continue to do the things that I've been doing since 2021 with very little problems to Hampton City.

Okay, all right, thank you, sir.

Thank you.

Uh I think Ms.

Michael needs to come back up and clarify uh point regarding the amount of security officers that are required.

Yes, sir.

So I do just want to clarify where we talk about the total number of security guards, and we say that there's nine total security guards required on site.

Um when we again when we talk about the additional duty HPD officers when they're operating on Friday and Saturday until 2 a.m.

Um, we would count those two extra duty HPD officers towards the nine.

So on those nights where they are permitted to operate until 2 a.m.

If that is approved this evening, um if when the HPD officers are there again, they would only be required to have seven total security guards other than HPD.

So I did I did want to clarify that so it's only it's nine security guards, there's seven seven security, two HPD only on the nights that they're open to two AM.

Yes, sir.

Okay.

And then and then how how many is during the week?

Is that seven during the week?

So if we continue to do it based on max capacity, it would be nine at any given time.

But we would say instead of having the two additional to make it eleven on those nights where they're operating until 2 a.m.

It would just be the nine at any given time.

Okay, so just two of the nine would have to be HPD officers.

That's correct.

Okay.

Right.

If I may, mayor, two things.

One to amplify on that, but also for the benefit of everyone watching, and I understand in this case we have a an applicant who has done the right things, and this is not about them not doing the right things, but it is about the council is setting new standards for all nightclubs that come forward or restaurants with alcohol at late hours because of issues we've had in our community.

So this isn't about this one applicant, this is about the standards that we want to use and expect for all applicants.

And as the applicant mentioned, he had done many of these things before, but not every restaurant with late hours and alcohol have been doing them.

And so the council decided that they would like to have strong, clear community standards.

In terms of the the security guards, I want to be clear.

However, because we heard from the planning commission and from several council members that you were concerned about the number.

And there was a question about did we need the two extra duty HPD officers, perhaps.

HPD feels that being there on the nights that they are open till 2 a.m., which is predominantly Saturday or Sunday, but it would also include those special holidays and event days, that their presence helps, not just at this business, but at any business that is operating in these hours with alcohol.

And so I asked the chief, would he be willing to take the total required by occupancy, which in this case is nine, and allow his two HPD officers on the nights that they are there to reduce the overall requirement because the business would still be getting the nine.

It would just two of them would be coming from HPD officers, and that would reduce some financial burden.

People are coming in, they want to be in, they don't want to be denied.

But we we were a staff willing to say, instead of having it to be eleven officers, um whether through DCGS or through HPD, you know, on those extra nights, that the HPD presence could substitute for two of the others.

Um indicates if you are inclined to do that, we will have to rewrite the condition.

And so I guess she'll give you maybe a motion if that's something you would want to do.

But we were trying to offer this as a concession to the points raised about the financial expense.

But that would be our preference as opposed to lowering the standard, because again, the the restaurant owner may have every intention of limiting it to half capacity and staff to half capacity, but if a lot of people show up and they want to come in, it's it's gonna be hard to turn them away, and it's also going to be hard to get the extra security on demand.

And if it were only one business, sure, it would be easier for us to manage it.

But these are standards for all businesses moving forward, and that's why I wanted to explain this that these are not targeted to one business.

This is the council's intention for all similarly situated restaurant use permit three kinds of businesses moving forward.

I hope that's helpful.

I I do have a question, and maybe this is for uh Chief Widman, because Mr.

Gomez, you you mentioned that you have been operating prior to this with no problems.

How many security guards did you have under your under your current use permit?

Um again.

It was on a case-by-case basis, so I never had a set amount of security guards.

Um I'm very hands-on with the business, so I was able to make any adjustments that were ever needed.

Again, if we were understaffed, the security guards always have intel to have people on standby just in case you know we did need them to come to let extra people inside the establishment.

Um quite frankly, ma'am, um, Ms.

Ms.

Bunsen, I'm not really concerned with people trying to get in.

If they can't get in and we don't have enough security, they just can't get in.

Um I'm not the owner to try to, you know, please people or whatever the case may be.

If it can't happen, it can't happen.

So I would never put myself in the board establishment or the um or the public in the position to be endangered or anything in that nature.

I also want to um comment on the fact that I've been closing since 10 p.m.

since um the beginning of the summer time.

I've still had Hampton Police Department on site on a as needed basis.

And it's times where there's plenty of nights where actually, again, I've started off in the red because we have two Hampton Police Department guys outside that runs estimate of about 500 a night.

Then we got four or five security guards inside.

That's another five, six hundred dollars a night.

I'm starting off at eleven hundred dollars a night.

And if you can I could have any officer to contest that's been doing my off-duty hours, we haven't even had 10 to 20 patrons in the building.

We haven't even had 10 to 20 patrons in the building.

And it's really a very much a financial strain for me to continue to do that.

Um again, the police department, I'm pretty sure they can give you a uh a grade nod, Ms.

Bundon, or how I do handle operations.

Um I know it's pretty hard because I heard one of the ladies say that, you know, past instances or they're looking out for everyone.

I just try to ask the council to kind of like, you know, not to put me in a bunch with anybody else.

I run my establishment very strict.

I've been following every rule that Hampton Cities gave me since I've been open.

And again, I just want to stress that the extensiveness of security is is very, very hard to maintain when you're not having any patrons come in the building.

Now, of course, this is why I asked for as needed basis, because when I do see patrons pick up or when I do see the business picking up, I always have no problem.

I don't call Mr.

Zemkowski, but I call Ms.

Martin and I let her know, hey, Miss Marlin, we have an event.

You know, we're looking forward to this many people.

I need this many um police officers, and I let her know I have my security guards on standby.

And again, we've been running a pretty great tight ship since the beginning of time, and I don't know if I can have any any of the officers can test to that, um, many of my security guards.

I didn't know that I would probably have to have them come speak, but whoever's you know came and work my property or my establishment will let you know, Ms.

Biden, I run a very tight ship and I have nothing less than any time of it.

But the system that's running for me right now is very, very, very strenuous for me to continue by having these mandated security guards and police officers.

Vice Mayor Brown.

Yeah, Eddie Um this is uh very, very challenging for this reason.

Um for example, if you had um an event at your establishment, and uh you had let's say you had like you as you were running it before, you had three or four security guards, and you have um 500 people to show up.

So you're saying that you have people uh on standby.

Security company, yeah.

Security, yeah, security company on standby.

So you have to ask people to leave the establishment, correct?

No.

Okay.

No, sir.

We don't let them in.

Okay.

So they're waiting on additional security.

What are they doing?

Either they wait in or they go home, yes.

Okay.

Don't you think you lose the money that way?

Yeah, but it's safety first that I practice.

I understand that, but uh see, that's the problem I have.

Um, and I know this, I understand you you do great business and we appreciate that.

I've been to your establishment many times, uh good food too, by the way.

But it was good food.

Um, but I'm just trying to figure out uh uh a way forward to make this work because uh council's in a very difficult position because we just can't right now change a rule or recommendation.

It's kind of hard for us to do that without some deliberation.

And it's been going on for some time, so you don't want to defer it because you and I've talked about it.

I can't afford to defer it.

I know you can't.

We talked about this before, so you we can't defer it, but it's kind of put us in the conundrum because I think we have to deliberate and talk about how we may move forward with this.

So this is very challenging.

And uh I will tell you, this is uh one of the this you're probably the first business uh that we are uh in terms of having this kind of conversation with because we want to make sure continuity across all businesses in the city of Hampton.

And so you're not you you you're you you may be the test case, but you're not the you're not being picked on.

It's just that we can make sure that it flows for everybody.

Right.

And uh all the 9900 things we've asked you to do, uh 99 and a half of them you've done.

Absolutely.

This is the sticking point.

And so I'm just trying to figure out a way forward, and I and I don't have the answer right now.

So I just wanted to kind of share that with you.

So how do we move this thing forward without having to sit back and defer and for us to have this conversation as members of council, it's difficult.

Um I don't know how to do it.

So Mr.

Gomez, you said that um you you when you you can't afford to defer, so that is that are you saying you can't continue to operate on your current hours that restricted hours or or are you talking with the security guard requirements you currently have?

Um all across the board, Mr.

Craig.

Um still I'm still not clear on we haven't voted on this yet.

I'm not clear on what his security guard requirements are right today.

That's that's the part I'm not clear on.

Because I know you say you and HPD have been working it out, but I'm trying to understand what what are your security guard requirements right now.

Well, again, I don't have any, I don't have any requirements right now from my understanding, but I do um I do still call Hampton Police Department every night we're open again with very little patrons.

Um so you don't have any security guards now?

Yeah at the establishment, yes.

I don't have I don't from my understanding, I don't have any mandated that I have to have right now, for my understanding, I could be wrong.

Okay.

If I'm not mistaken, and I'll let Ms.

Michael address this, as a restaurant too, there aren't the same security requirements because you're not staying open beyond midnight.

So many of these additional requirements come into play when you move into the later hours.

But I don't know what's in his current use permit because it's a zoning administrator permit.

It it's not one.

Okay.

So it uh Mr.

Lemmy, it's whatever is in the ordinance.

So but we do when you move into the three category with nighttime activities go into the security requirement.

Okay.

Uh so I I guess so right now, today you kind of set your own security requirements.

Is that what you said?

Yes, sir, it's the same as I've been doing since I've been open from day one.

I also want to add Mr.

Gray that um I don't know if this will help, but um guys could reference the police department if you like um double check my story.

When we went to the planning commission a couple weeks ago, you know, he um he stated to the planning commission that they see no calms of concern to us operating and moving forward with the late night hours.

Um they asked things like, you know, how many phone calls have we had to the business?

And you know, he stated it was very minimum.

Again, no cause for no cause for concern or anything like that.

Now I just wanted to just repeat to the council I've been operating like this for four and a half years, and I don't plan on changing anything that I've been doing.

Councilwoman Harper.

Thank you, Mr.

Gomez.

Um I would need you to confirm with me.

So you're doing your own security right now, so what you're saying is that the uh security mandates that are put forth, you're saying you cannot when you came back with you know what you would like and to do instead of the mandates, you want to continue to do what you currently doing because you do not want to or you cannot financially do the mandated security that is drawn by community development.

That is correct.

Okay, gotcha.

City manager Bunny.

And again, I want to be clear, we're not suggesting Mr.

Gomez has done something wrong.

What we are doing is trying to set standards moving forward, and I realize he prefers not to be lumped in with others, and I certainly understand that.

But for the benefit of the public and for you, we try to be consistent.

And we do get times where people say, Well, you let one person do something different, so I should get to do that something different too.

And they may not have the same track record or the same reputation.

So that's why we're explaining this has not been directed at you, although I'm sure it feels very personal because it's your business and you've invested your heart, your soul, and your money into it.

But if we were to set no security requirements and leave it up to you, then any future similarly situated business would expect we would do the same for them.

And then if there's problems, we can't look at them, you know, and say you violated the permit because there weren't any requirements there.

It was the world trust your judgment.

And so while they they may feel very comfortable trusting your judgment, we're also forming roles for future people we don't even know yet.

And we may not have the same track record to know whether their judgment would be as wise as yours.

So again, I understand it it feels one way because of the time and talent you've put into this, but I also are trying to just help bridge the understanding what the council has to wrestle with because if they give you the right to decide on any given night, other operators will expect the same, and they just may not have that same attention to security that you have provided.

I understand, Ms.

Bunba, to be um respectfully um, I just feel like again that I've been doing this for quite a while now, and no, I think that I've proven to the council that I have a great sense of direction when it comes to um handling the establishment and the surrounding communities.

And no, I think that I've proven to the council that um I have a great sense of direction when it comes to um handling the establishment and the surrounding communities.

And when it comes to other businesses trying to, you know, ask for the things I'm asking for.

Again, I'm only asking because I have the experience and of course the background to show that I'm able to make these decisions very effectively.

Um other businesses might not have proven that to the council.

So I like for them to take that into consideration too.

Again, four and a half years is a very long time for me to have been operating on an as-needed basis and to have very little to no problems in the community.

Um I'm only really again pushing back so hard on this because it's a very strong financial burden to be able to just mandate you know what kind of crowd you're gonna have or how many people that you're gonna dictate that's come in the building.

I I think I've been doing a very good job of that.

I'm very hands-on in the business.

Um, I'm pretty much in tune with the patrons and what they like and what they don't like, and you know what days they like to come and which more or less.

And I've been thinking I've been doing a very good job of picking accu adequate security and Hampton police as I've been open.

Uh Council Member Faraby.

Thank you.

Um I'm Mr.

Gomez, I'm I'm trying to understand as well.

Um because I'm I'm in the security section of um of the conditions.

And I'm and I'm going back to what the Cisacity attorney said.

And it says I think I'm understanding that that this is only a requirement um from if you're open till two in the morning.

For eight o'clock for eight PM.

Correct.

That's another thing that I didn't touch on.

Because at eight PM we we don't even really have anybody in the building.

So that's another strain that you know I usually schedule them from ten thirty PM to two thirty A.M.

that will cover you guys 30 minutes after the business is closed.

So kind of the hours that I was already fluctuating as now making me mandate that from eight PM is put in even much more of a strain on the business financially to cover expenses that I can barely cover at this point.

So I yeah, because I so in other words, I think for me, I'm I'm I'm looking for some sort of a um compromise situation.

Uh we we wanna we want to work on that.

I'm gonna I we're gonna take a about a fifteen minute recess.

I need to see uh Chief Wyban and Miss Michael so that we can have a quick discussion on that and then we'll be back.

So we're gonna take a uh 15 minute recess uh until nine oh five.

So we have uh some meetings still going on regarding the issue involving the use permit for southern comfort.

Uh we're going to move on with a couple of other items.

We do need the chief here for the karma uh matter.

So those of you are here for commerce, sit tight.

We will move on to the next items on the agenda and dispense with those, and then we'll come back and pick up with this item.

It is a resolution authorizing the execution of a license agreement between the city of Hampton and the Hampton BMX Volunteers Association, Inc.

to use approximately two point six acres of gossip park.

Mr.

Mayor and Council members, Hamden is pleased to host the Hampton BMX Volunteers Association, an entity that has taken the place of previous groups, including Hampton BMX Athletic LLC and Hampton BMX LL Athletic and then Hampton BMX LLC.

The groups are promoted, uh have promoted and operate and support the recreational activities of bicycle motocross or BMX racing, which is a very popular sport.

And not only do we host our local residents at the track, we also bring in tourists and other competitors from across the state.

To support this use, we have a lease, and the current lease was assigned to BMX Volunteers Association in 2021, but it expired just a short time ago.

Therefore, the city staff and the BMX Volunteers Association are asking council to approve this new lease, which is good for five years.

And it has substantially the similar terms as we had previously.

This is basically just a renewal of the lease.

Unless you have questions, staff recommends approval.

Okay.

Any questions?

Councilwoman Campbell.

Mr.

Mayor, um, I move that city council approve the resolution authorizing execution of a license agreement between the city of Hampton and Hampton BMX Volunteers Association as presented in item number 25-0342.

I'm sorry, Mr.

Mayor, this is a public hearing item, so you do have to just go through that formality, please.

Sorry.

Sorry.

This is this item does require a public hearing, so we're going to open the public hearing.

There's no one signed up to speak, so we'll close the public hearing, and then now we're ready for the motion.

Second.

Councilman Bowlin.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

And Mayor Gray.

Aye.

Okay, for now that concludes the public hearing items.

And so we'll move on to public comment.

And Madam Clerk, would you read a protocol for public comment?

Yes, sir.

Council meetings are for conducting city business.

Public comment is allowed on matters within the council's authority and follows public hearing items.

Speakers must follow the citizen participation protocol.

Speakers may sign up in the lobby one hour before the meeting and until it begins.

Speaker shall address counsel from the center podium.

Each speaker is allowed three minutes.

The timer has a green light, which will turn yellow with one minute remaining, then red when time is up.

Please speak respectfully and avoid personal attacks.

Focus on topics within council's jurisdiction.

Do not use the platform political campaign speeches.

Comments must be directed to the council and yielding time is not allowed.

Audience must remain respectful and refrain from interruptions.

Council typically listens without engaging in discussion.

Responses may be provided by the city manager, city attorney, or council members after public comment.

Failure to follow the protocol may result in removal from the podium or meeting after fair warning.

Thank you.

Okay.

We have seven people sign up for public comment.

Public comment.

The indicators are right here.

Green light will come on when you're speaking.

The yellow light will come on when you have a minute left.

You do have three minutes to speak.

If you wrote a five-minute speech or a 10-minute speech, you still have to do it within three minutes.

All right.

So the first speaker is uh Belma Gauss Price.

Good evening.

Hi.

Um good night, everybody.

Um, Mayor and Council members and city staff.

Um, my name is Valma Gauspreis, and I am a citizen of Hampton, a taxpaying citizen of Hampton.

And I'm here tonight because I'm interested in uh bringing presenting to you all some information regarding the traffic consideration configuration near Hampton University and Settlers Landing.

I was referred to come here from the treasurer's office that I had to come and present it to you all for consideration for changes.

So my point is give me one second, please.

I want to make sure I keep it concise.

Um first of all, I want to just say that I uh truly appreciate the work that the city continues to do to improve the safety traffic flow and the overall quality of life in the community.

It's exciting what's going on in terms of all the renovation, the renewals of the roadways and things of that nature.

But this evening I'd like to uh respectfully bring attention to the current traffic configuration at William Harvey Way for the entrance to I-64 East off of Settlers Landing.

I just want to say that I recognize that the roadway planning involves um many competing priorities, and I'm offering this feedback in the spirit of cooperation and community safety for all, not just for me.

But one of the main concerns I'm I've observed involving the signage associated with this new setup, and many of the signs are quite small, and when paired with the number of signs that are placed there in a short stretch of the road, it makes it very difficult for the driver to process all the information safely and in real time.

So it's hard to see all those signs and signals and things in a short little frame, time uh location.

Uh this can create confusion, particularly for those who are aren't familiar with area, but even for those of us who are.

And I'm speaking for myself there, but I'm considering all citizens.

For example, the turn arrow in certain sections are not only small, but they're positioned in a way that makes it easy to miss miss it until the last moment, which it can, you know, it creates safety hazards.

Additionally, there are areas where the lanes unexpectedly are partitioned, and are they don't allow you the opportunity to merge when you when they have the signs that do tell you that you know there's uh you know you can't use you know that when it's limitations on when you can use the land, you can't get out of it because you got those partitions there.

So it's like, oh, I want to I want to respect it, but I can't get out.

So that's part of what I wanted to address.

And um the signage on the road markers, they um they don't provide enough.

Time is up.

Thank you.

Uh I'll ask the city manager to address that because we we heard many of the issues and concerns that people had.

Uh we're looking at making some perhaps uh few changes to configuration that allow you to do as you say to get out of the lane and um so many signs.

And so the city manager will address it fully at the end when we give her a chance to talk.

We don't have a discussion about that during the uh public comment period.

Oh, okay.

I just wanted to bring it to your attention.

Yes.

Thank you.

Appreciate it.

Next speaker is uh Aaron Weaver.

Aaron Weaver.

All right, third time addressing the vape shop issue.

We deserve a city that pays attention to what is happening in real time, not after a problem has already spread.

That is why I'm here today, though.

This matter this issue matters because residents want safe streets, responsible businesses, and clear oversight.

They want growth that is intentional, not accidental.

Here are the facts.

Vapor smoke shops are expanded across Hampton in a rapid pace.

Also, Newport News.

Faster than our zoning rules, faster than the ability to guide where they go.

You can stand right there on Franklin Street, right up the block and see one, then walk up a block, see one being prepared or built uh based on the LLC.

It's a purple building.

Um, then go down to Settlers Landing and kick it's in, and if you take a left, not even a mile down the street, there's two that's right in front of each other, or if you go straight on Settlers Landing, there's another one right there, and there's another one on Aberdeen, and that's just a couple of them.

Um as we can, this is not a random.

This is not random at all.

It's a pattern.

Let's name the issue.

The horses out of the barn kind of country, but the shops moved in before the city had a clear plan.

Now we're reacting instead of leading.

At another forum, I was told I need to be careful uh not to offend businesses because I said I said what the citizens have been saying for over a year ago, over a year ago.

Um, but I don't deal in being careful, I deal in facts, not feelings.

Good businesses thrive when cities set strong standards, clear rules, protect neighborhoods, and create a fair playing field.

Right now, the pace of these shops is ahead of our policy.

And when in fall and when we fall behind the community carries that burden.

My plan is simple.

It's the same thing that we already have, uh set a limit, just the same way you have on the short-term rentals in a certain area, have a limit on the sites if that's possible.

You all have the best people that you all I think are working on this.

They need to work, but they kind of need to put a little step pepper in this step for that.

Um, move quickly so that we can lock in and can out cannot reverse.

No one is against business, but every business type needs standards.

Every neighborhood deserves predictable development, and every resident deserves a city that leaves instead of reacts.

I am asking the body to take action now, study the density, do all the clear limits and everything else like that.

Our city is doing great in many things, and this is an opportunity to stay ahead of the growing concern instead of correcting it years later.

Let's address this with clarity, fairness, and urgency.

Let's move the city forward, and that leads.

Thank you.

All right, thank you, Mr.

Weep.

Weaver.

Next speaker is William Moore.

Good evening.

Good evening.

All right, so I'm gonna be addressing the Virginia Antitrust Act.

It is the purpose of this chapter is section 59 of the Virginia State Code.

The purpose of this chapter is to promote the free market system in this economy of this commonwealth by prohibiting restraints of trade or monopolistic practices that act or tend to act to decrease competition.

I believe I've already emailed you guys to sections 59.1.5, contracts, etc., and restraints of trade unlawful, every contract, combination or conspiracy and restraint of trade or commerce of this commonwealth is unlawful.

And 59.1-9.6 monopolies unlawful.

Every conspiracy combination or attempt to monopolize or monopoly monopolization of trade or commerce of this commonwealth is unlawful.

So I've emailed you guys concerning people employed here that um they are restraining me from rentals and such like that, which are by the letter of this unlawful according to state law.

I have emailed you guys, and you all have the authority to amend this policy, and in addition to that, I've done my best to try to keep this in because the statute of limitations on this is four years.

But I have emails, including from your parks and recreations of a similar policy of not allowing competition with your swim lessons, okay.

So that means you guys could be liable for all of these kinds of things because unlike federal law, state law does not immune and a local municipality from damages.

Okay.

So this is doing my best to try to like navigate through all this.

All right.

Now, in addition to that, like part of what I do, and you know, a lot of you guys have been very generous, you know, trying to offer me a job as like teaching swim lessons for you guys as well, but this is part of what I do.

Can you guys see what this says?

It says Jesus is Lord, okay.

I go out and I teach these people, I give them the gospel, you know, that which allows you guys to live forever because Jesus Christ died for our sins.

Okay.

This is part of what I do.

They get the gospel, and you know, like I don't personally blame you guys, this is just part of it.

All those that live godly in this life will suffer persecution, but this is what I do.

And so you guys have your authority, the authority has been granted to you guys to help kind of fix this kind of thing.

All right.

And I know that the Lord above will judge righteously between all people.

Thank you.

Thank you, Mr.

Moore.

Uh no, there's no clapping in the court in the uh council chambers.

Um next speaker is Rita Taylor.

Good evening.

Good evening.

I reside in the Sussex neighborhood in Hampton.

The intent to light the spark of revitalization and neighborhoods with deep neighborhoods with deep history and community value, was ignited and myself and others.

Revitalizate revitalization projects have been successful in our opinion, and we welcome the momentum that has occurred.

There are those that have called this community home for several decades, young families, first-time home buyers, and we have all embraced this initiative.

There is minimum crime in our neighborhood.

But we are a rental inspection inspection district.

We seek council support in this rental um maintenance standard.

Um here we find there are spaces, small spaces of uh debris, trash, clutter, upholstered furniture in the front lawn.

And your inspectors, the city's inspectors, not you.

Cities inspectors are saying this is the standard that the city of Hampton accepts.

It has been, I've been looking at this since September, a recliner in the front yard.

And nobody seems to feel accountable, uh feels that is something that should be addressed.

I uh come to you because this is not only a haven for rodents, uh roaches, snakes, and I was hoping that this type of life would be looked at and reviewed by the city because if ordinance that you have in place allow this type of condition for anyone, not even thinking about vulnerable minds, a young impressionable youth, that this is a standard that we should accept.

Okay.

Okay, thanks for the case.

Ms.

Taylor, your time is up, but oh sorry.

But we'll we got the just of what you were suggesting or saying about co-enforcements in the Suxas community, so well, it's not just our community, it's it's this boss in the city of Hampton.

Okay.

All right.

All right, the city manager will address that at the end of the meeting.

All right, next speaker is uh Teresa Roundy good evening.

My name is Teresa Roundy, and I am a resident, homeowner, and business owner in Hampton.

I am here tonight because I have spent the last 20 years trying to protect Barnes Cemetery from further disturbance and desecration.

This has been a long exhausting effort, but one I refused to abandon.

About a year ago, after yet another issue arose at the cemetery, I came to the city to report it.

As my father and I were leaving in the elevator, an employee quietly asked whether I had tried contacting the media.

I explained that I had, but that my calls were no longer being returned.

I told them that I believed the reporters were calling the city to verify what I reported only to be told.

I did not know what I was talking about.

That employee confirmed my suspicions.

That moment is what pushed me to begin attending more city council meetings and submitting folders of documentation for the official record.

I felt that the seriousness of what I was trying to convey was not being understood.

So when the city hired a new city attorney, I thought it would be the perfect opportunity to explain the risks, the history, and my concerns about protecting the cemetery from future disturbances.

Unfortunately, that was not the case.

After hearing nothing for more than a week, I asked again and was finally granted one.

The body language alone told me everything, disinterest, frustration, and a clear lack of willingness to engage with the concerns I was there to present.

This was confirmed when the city attorney told me directly that she does not work for me and does not answer to me, but works for the council and the city manager.

And while that may be true in the strictest technical sense, it overlooks something fundamental.

You the city council work for the residents, the voters, and the taxpayers of the city.

We are the ones who ultimately hire and fire every one of you through our votes.

I could be wrong, but I believe part of the city attorney's job is to protect the city from liability.

Yet if the city knowingly allows conditions that could cause harm to residents or visitors' conditions, I have thoroughly documented in the folders.

I have submitted over the past year or two.

Then the city is knowingly exposing itself to legal consequences.

The risks I have documented include serious health hazards, up to and including the possibility of fatal outcomes.

Instead of engagement, investigation, or even acknowledgement, I have repeatedly been met with a brick wall.

When the city attorney told me she had spoken with her colleagues and that she did not believe they would lie to her, combined with her dismissive attitude, it left me with only one conclusion that she was implying I was the one lying.

I stand here today to make it clear.

I have no reason to lie.

What I have is 20 years of research, documentation, and lived experience with Barnes Cemetery.

I am asking again for acknowledgement for transparency and for action before someone gets hurt and before the city finds itself dealing with consequences that could have been prevented.

Thank you.

It had been repeatedly rounded.

Next speaker is Craig Knopp.

My name is Craig Knuff.

I'm here to talk about a few things.

So as a lot of people have said, elections have consequences.

And right now, what we are seeing is a lot of uh consequences coming out against certain religions or uh demographics of um politics.

And that's a concern.

And it's a very good concern.

As Mr.

Weaver had said, facts speak louder than feelings.

And let's be honest.

Facts are out there.

Number one, Jay Jones going after conservatives.

That is a very what am I saying?

Uh that's a very concerning point.

Very concerning.

He has said it, he spoke about it.

He didn't even have to, he didn't even apologize on it until he was pressured into an interview weeks down the line.

Nobody said anything about it.

That's a major, major concern.

Then earlier today.

Um put to the public safety office a former FBI official that targeted Catholics.

That's another concern.

We're seeing a lot of hate here.

And they are not even in office yet.

That is a concern.

So what I would like to see is that we could have possibly a meeting with Jay Jones to talk about concerns.

I'm not the only one.

I will set up the meeting if you guys can help me get them there.

I will bring all the individuals that have concerns to this meeting.

Uh one of the other things too that we're seeing out here is gun limitations on guns and stuff like that.

Um the biggest ones I have is that if there is a um Bill brought it forward to do a registration type thing.

That what we've seen in, I believe is Colorado and California, but there's several times, at least three or four that I know of, and it's out there in the news, and you can Google it yourself.

That people have been doxxed on these registrations.

And what I mean by that is accidentally put out there, or in another case, an unsecured XL document was left.

Now it was buried in a few pages, not readily accessible, but it was still unlocked out there from people to go and gain access to registries.

Now, what I'm afraid of is that this something like this is gonna happen and here in Hampton, accidentally get released.

Now, what I would like to see is a fine that helps back gun owners that if something like this does happen, they get paid.

It should not be unaccountable that something like this would happen and nothing happened to gun owners that get doxxed.

This stuff is ridiculous.

And like I said, facts speak louder than feelings, and facts are out there.

That's all I had.

All right.

Uh thank you, Mr.

Knopp.

Next speaker is Cody Beckner.

Cody Beckner.

Okay.

All right.

That concludes uh all of the speakers on the list with public comments, so we'll close public comment period.

Address those real quick while we're still and city manager is going to address a couple of items that were brought up by speakers.

I believe Ms.

Gauss Price stepped out, but for the benefit of the public, and since you referenced this mayor, I want to assure the public that we are trying various configurations to help with the intersection that was referenced, that being the intersection at William Harvey and Settler's Landing.

Um without going through the whole history of that, we saw it a lot of different options before we resulted to the option that we have with V DOT and the Federal Highway Administration, our preferred option being to close off the entrance from 3 to 6 p.m., much as Norfolk is able to do in the Ocean View area, so that we could have through traffic go through downtown and Phoebus um without interruption.

That was not allowed.

The only thing we were granted was the ability to do the the three to six p.m.

uh red light camera, which would inhibit people from going on to the interstate.

Understanding people could still do it, but if they violated a red light, they would get a ticket.

Again, that was not our first choice.

That was the only choice we were able to get um approved.

Um there's been various points made.

We try to be overly apparent with over 17 signs.

I think we now are up to 18 times telling people that you can't do that from 3 to 6 p.m.

But I take Miss Ms.

Gauss Price's point that sometimes there's just too much going on.

It's hard for the mind to process.

We are currently exploring with VDOT and FHWA because again we got to get approval with them if we can do some larger, clearer signs that you can see even further back.

I can't announce that that's been approved yet, but we are exploring that.

In the meantime, another concern we've heard is one that she referenced about if you don't realize till you get right up there, we have the bollards that keep you from moving from the lanes.

We tried to make that as as minimal as possible.

At one time the ballers went all the way back to Eton Street, basically.

But we ended up changing that because we wanted to give people enough time to move lanes.

But if you wait till the very last minute to move lanes and you move into the left lane, that left lane was created for to make sure we could have continuous through traffic and not backups.

Why is that essential?

Because you might need to get fire EMS personnel someplace.

And in particular, uh, because the Hampton Ridge Bridge Tunnel is largely in the city of Hampton, we are the first responders for any accident that occurs on the Hampton Roads Bridge Tunnel.

So it's essential that we have at least one lane that does not get backed up.

However, we are going to be taking off the ballards on the right side of the lane, so that if someone gets up there and they want to make a movement, they can make a movement closer to Hampton University in that shopping center area and then make a turnaround or what have you.

But if we remove it all, then we're gonna go back to having every lane backed up on those times that the tunnels backing up.

And again, it was very problematic for our public safety folks, as well as residents just wanting to go to and from home or go out to eat or do any other kind of business, it hurt it was hurting our merchants in Phoebus and and um downtown and it was hurting our emergency vehicle response.

So we want to keep that right that leftmost lane protected for through traffic.

Mr.

Weaver, you'll be pleased to know that this council had already directed action on vape shops, and in fact, it's on the December Planning Commission meeting next week.

However, it was only fairly recently that the General Assembly gave us the additional legislative authority necessary to deal with vape shops, which is why you're finding, for instance, Newport News just did their ordinance a couple months ago.

Um it's not that we didn't want to deal with it, you know.

We have wanted to deal with it for a very long time, but as you know, but for the benefit of the rest of the the people watching, Virginia is what's called a Dillon rule state, and so what that means is we can't do anything that isn't expressly granted to us as in the way of permission, either in the state code or in our charter.

So we we not only Hampton, but lots of cities were lobbying for more authorities that would allow us to better deal with vape shops.

But I fully expect it's it is going to be on the December Planning Commission agenda.

We hope the planning commission will act, move it forward, and then the council can hear that in January.

Um without getting into we we've addressed this issue with Mr.

Moore before, um but for the rest of the public, um our current policy is not to rent to individuals.

If we went to one individual, we'd have to rent to lots of individuals.

We are trying to manage a pool facility for community programming and for competition and swim team lessons.

Um RC Attorney's Office has reviewed our policy, stands by our policy, and I am confident that our city attorney's office is guiding us properly.

I understand Mr.

Moore has a different legal opinion of his own, but unless the council wants to direct a different policy, the city attorney and I are convinced that we're not putting the city at any liability.

Um Miss Taylor, um I understand her frustration.

Um we all have that frustration.

Again, going back to what I said earlier about the Dillon rule, there's certain things that we feel as neighbors and residents aren't acceptable, but sometimes the state law doesn't give us the authority.

Other times where they do give us the authority, what we have to do is notice the violation, give the person the opportunity to cure it.

If they refuse to cure it, we have to issue a court case basically.

We got to get that served to them.

We got to wait for it to come up on the court docket, and then they get their day in court.

I recently had a similar case to what you were talking about with a lot of clutter in the front yard that I checked on the status of, and it had gone to court, and the court had given an additional three months for the homeowner to address that.

So all of this is in the way of saying you may think we're not doing anything, and if we're not, it could be that we don't have the state authority, or it could be we're in that court process.

But I want to invite you if you have specific addresses that you would like me and our community development director, Kim Michael, who's sitting right over there to look into, we will be glad to look into it and make sure we're using all of our existing authorities to address it to the best of our ability.

It's not that this council is choosing a lower standard, I can assure you.

Each year in our General Assembly package, we ask for more authorities to deal with blight.

Um, but we do have to live within the state law allowances that I made reference to.

So please please, if you don't mind, see Ms.

Michael or me after the meeting, or if you want to leave, you can email us, or you can just give us a handsheet of paper, uh give it to the the bailiff, he'll give it to one of us, and we will make sure we follow up on any specific addresses you would like us to look into.

Um I'm not gonna I mean I'm not exactly sure what Ms.

Roundy wanted us to address there.

Um I remain willing to talk with her at any time.

I uh as I recollect, and there may be something new that I'm missing.

Um there was a desire that we do more around private property, and we can't regulate private property, but so much.

We have put measures in place that if someone comes to develop private property that we suspect may be a former cemetery, that there are certain actions we're going to ensure are taken to make sure that there is a full review of the property.

But if there's something else she wants us to consider, then I'm missing because it's been some time since she's been here.

My my door is open, she's welcome to call and make an appointment, and I'll be glad to sit down with her again.

And on um the issues, Mr.

Knop raise, those are really state legislative matters, those are state matters, they're not council matters, and therefore I'm not gonna comment on those, not because I'm not trying to be respectful to him, but because I'm respecting that those are issues to be determined by the state.

Okay.

All right, thank you, city manager.

I say that uh concludes all of the the public comments.

Um so are we ready to move back to Southern Comfort?

We can either I think did you want us to go to Karmer first, or are you ready for Southern Comfort?

Whichever you prefer to do first.

I guess everybody's back, so we had that one still.

My understanding is that, and we're gonna have Ms.

Michael describe for you all what staff has offered that we feel we can comfortably do and also respect the public safety needs of any business, irrespective of you know the fact that Mr.

Gomez is a good operator and we have a track record with him.

My understanding is he did not accept the offers that we made and wanted further concessions.

But Miss Michael will review what we put on the table and how you know where we think we can go, and that includes consultation with Chief Widman and his team from a public safety standpoint, the community development team, and the legal assistance to them.

So, with that, just in the way of an introduction, I will have her describe what we had offered as concessions in response to the concerns he had raised earlier this evening.

Okay.

All right, thank you, Mary.

So, yes, again, so after the conversation, um, I'll leave your microphones on.

Oh, it's not?

Can you hear me now?

I'm sorry, I need to get closer, I guess.

All right, so where we landed on on the city side is that we would be open, so as opposed to doing the one per seventy-five ratio, dropping that to one per 100, and that would be for the interior.

So, for an example, on the nights, whichever are approved to be open until 2 a.m., they would be required to have five security on the interior, two in the outside in the parking lot, and then additionally the the two extra duty HPD.

So that would be on any days that they're open until 2 p.m.

2 a.m., excuse me.

But it would only be instead of 8 p.m.

until 2 30.

We said that it could be from 10.30 until 2.30.

So that would just be the last four hours that they're open.

That seems to be when we're seeing the the most calls for service and criminal activity and things like that.

On the days that they're only open until midnight, we said that we would not require any extra duty HPD.

It would just be the seven security personnel, and that would only be for the last two hours that they're open.

So that would be 10.30 p.m.

to two to 1230 a.m.

So that's where we were willing to give concessions.

And just to be specific, that's the same five interior and two parking lot, correct?

That is correct.

Thank you.

And for those who weren't tracking as much as we have been, that's down from the original 11 total.

Just to be clear though, uh, Ms.

Michael, you you said 12:30 and 2.30, but is it at 12 midnight and 2 a.m.?

I didn't think that there were 1230 was the condition is for 30 minutes past closing.

So that's why it goes to 1230 and 230.

30 minutes past closing.

Right.

The security is required to be there for 30 minutes past closing in order to clear the make sure the premises is clear.

That's correct.

And do I understand that although we offer that?

Mr.

Gomez did not want to accept that he still wanted further concessions.

Yes, so what he was requesting beyond that would be where we're saying on the days that they're open until 2 a.m.

We're requiring seven security and two HPD.

They would want the HPD to still count within that seven.

So that's how they want that's with the additional concessions that they would like beyond what we're recommending.

Okay.

At this point.

Any uh questions for Ms.

Michael?

Okay.

Since we're still in this phase, Mr.

Gomez, I'll give you another opportunity to uh to address counsel on uh your concerns with that um um we had a pretty productive conversation in the room.

Um again, we were kind of at a little standstill about the number of security guards, not HPD, but the actual security guards, because again, I was trying to explain to them um, especially on those days where we're not open to 2 a.m.

We receive very little patronage in the establishment, and you know, seven security guards is really just not needed.

But um if if that's what they recommend.

Um I guess at this point I'm kind of my hands is tied behind my back.

Um I will also just like to push back on like she explained the number of intel that we have when we close at 2 a.m.

I was trying to reduce that number to seven total, which would be five security guards and two Hampton Police Department officers outside of the premises.

Um again, the financial strain is a burden on me.

Um I would have to try to I guess kind of figure it out.

I also would like to propose to the city council that when we do come to a meeting that you know I could come back in a certain amount of time, maybe 90 days, maybe 180 days, you know, and ask for a reduction or reconsideration, you know, due to uh no good behavior, which I think I've been showing anyway, but you know, if I don't have a problem with continue doing that.

But um, yeah, I just propose that if we could minimize those number of security guards where we don't open till two a.m.

And if we could bring the number down to a total of seven when we open at two a.m.

which would be five security guards and two police officers.

Of course, if needed more, it would be more, but to start with a mandate, I think that'll be I guess we could say a common ground at this point, and I would like to see if the commission would be able to let me come back and again 90 days or 180 days, so we could try to see if you know something else could be worked out so the strain wouldn't be as heavy.

Okay, all right.

Thank you, sir.

Okay, this uh item does require a public hearing.

Uh we will open the public hearing.

There is no one signed up to speak on this item, so we'll close the public hearing and uh ask for a motion in the second.

Mr.

Mayor, I move that the city council approved views permit application 250285 for Southern Comfort Restaurant and Lounge with 14 conditions is found in the agenda package modifying section eight per Ms.

Michael's comments second.

Uh is there any further discussion?

All right, there being none, would you call the roll, madam clerk?

Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell, aye.

Councilwoman Faraby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

Aye.

Motion carries.

Okay.

Uh Madam City Manager want to introduce the next item.

Uh I thought the clerk would read it into the record first.

Okay.

Sorry about that.

And we're back to for item 13.

Back to item 13.

Item 13 is 25-0323 to consider revocation of the use permit issued to Karma Restaurant Lounge for a restaurant three in the downtown business DT-1 district at 85 and 87 Lincoln Street, a portion of LRSN 200 3249 due to violations of conditions contained in the use permit.

Okay.

Now city management.

Okay.

Thank you, Mr.

Mayor.

Tonight we're going to have a tag team presentation from Stephen Lynch, the interim deputy director of the community development department and officers and Kowski.

I think I got that right.

Thank you, City Manager.

Mayor, Vice Mayor, members of council, good evening.

This is the item for the proposed revocation of use permit number 24-0489 dealing with Karma Restaurant and Lounge located at 85 and 87 Lincoln Street.

Revoking a use permit a use permit may be revoked if any city any violations occur with the terms and conditions that are issued and approved in the permit.

Procedures to consider a revocation are the same as approving a use permit.

As such, this is the general location of the establishment.

Moving in closer, this is the establishment located off of Lincoln Street.

Just to give you some background for the initial use permit that was provided on January 10, 2024.

The hours that you see exhibited on the screen were a part of the hours for that were mandated or provided as a condition of operating.

No window treatments were to be placed that would cover the windows or prohibit a line of sight in or outside of the windows.

And this included coverage for crowd control inside and upon exiting the restaurant.

Personnel must be provided, security personnel, that is, must be provided radios for communication.

At some time during the period of January through July 24, there was an unlawful expansion.

Subsequently, on February 26, 2025, a new use permit was issued, which was use permit 25-0489, covering a restaurant three, and permitting the business operator to operate in 87 and 85 Lincoln Street locations.

The new use permit superseded the terms of the prior use permit.

The hours of operations were then expanded until 2 a.m.

daily.

Uh specifically, and I'll cover those before the officer comes forward.

The first item we're going to speak to specifically is use permit number seven dealing with security.

In addition, all security staff were to have radios to allow for communications among them in a real-time situation.

Security was also required to maintain an accurate count of patrons coming into the establishment to be certain of the occupancy load.

The next use permit condition is use permit number 10, which addresses the ABC license.

The permit holder was required to obtain and maintain all applicable license to conduct the business, including having an ABC license necessary to serve alcohol.

In addition, the permit holder was to comply with all restrictions or requirements that came along with the ABC license when it was secured.

Other conditions that were a part of the conditions that were approved in the second use permit were condition number four, as I mentioned earlier.

No exterior or interior window treatment was to be installed that would impede the visibility into and out of the restaurant.

Condition number nine, uh, neither the facility nor any portion of it shall be leased, let or used by any third party to stage an event for profit.

Condition number 11 uh dealt with uh termination of the pen uh permit upon any violation of federal, state, or any local laws.

And as an additional uh condition for uh condition number 11, uh the permit holder shall not allow its existence to lap or its certificate of authority or registration to transact business in Virginia to be revoked or counseled.

Uh I will turn it over to the officer.

Um, good evening.

Um, since receiving their newest use permit in early 2025, extending the hours of operation for Karma, there have been consistent calls for violence at the business and complaints of overserving.

These come to us through calls for service, citizens' complaints, and city directives.

I'm going to highlight several of these incidents tonight, but they are in an all-encompassing list of our interactions with the business.

I believe that highlighting these incidents will give us the important context needed for the broader conversation of community safety at the restaurant.

First incident that I want to speak to is at around 1 a.m.

at January 18th, multiple calls were placed to HPD for fights in the parking lot of Karma.

The caller indicated that there was talk of getting firearms.

All parties had fled the scene prior to officers' arrival.

Security did not contact HPD reference the evolving situation.

At around 1.30 on April 11th, several calls were received for a shooting in the parking lot of Karma.

This investigation revealed that several parties were loitering the parking lot after leaving the club.

A verbal argument began over an involved female.

This escalated when the suspect pulled out a firearm and shot the victim in the neck, ultimately leading to the victim's death.

The suspect fled prior to officer arrival.

No witnesses remained on scene, and despite being stationed outside, security was unable to provide a statement as to the events that led to the shooting.

Around 1.30 on June 7, 2025, extra duty officers working in the parking lot observed a highly intoxicated patron shoving a female after leaving Karma.

The parties were separated by officers but refused to cooperate with the investigation.

The suspect was escorted to his vehicle and removed from the property.

He returned several moments later, having been pepper sprayed in the face.

He claimed that he was pepper sprayed by unknown parties as he exited the parking lot.

He became uncooperative with the officers' investigations again and left the area.

At around 1 a.m.

on September 1st, extra duty officers observed an intoxicated suspect punching another patron in the parking lot for leaving karma.

The officer separated the parties and the suspect was allowed to walk off while officers worked to clear the crowd that formed around them.

Several moments later, the same suspect is seen fighting with a different patron and shoves the officer who tried to intervene, resulting in his arrest.

At around 9 30 p.m.

on September 21st, extra duty officers were flagged down by security in reference to a fight.

The reported party and potential victim was bleeding from the face with a swollen eye.

He was highly intoxicated and would not provide officers with a statement as to what occurred.

Officers on scene interviewed the security team that escorted him outside, and they could not identify the other party in the fight to be interviewed.

On November 8th at 12:30 a.m.

officers driving by Karma observed somebody who appeared agitated in the parking lot.

Upon stopping to investigate, they observed a highly intoxicated patron bleeding from the face.

The potential victim said that a member of the security team had assaulted him but did not wish to provide officers with a statement.

When interviewed, security told officers that they acted in self-defense after being shoved.

Video from the parking lot revealed that the security guard grabbed the patron who pushed him away.

The guard then proceeded to strip his security vest and began fist fighting with the victim by himself, despite having multiple guards on scene to assist him.

These guards chose to stand by and watch the fight.

Security did not contact HPD per their agreed upon security plan, and we have that video for to show you today.

Again, this will be that November 8th incident you're going to see in this line where I have my cursors where this altercation is going to begin involving the security guard and the uh patron.

This time we see that security officer being to strip his vest and raise his fist at the patron.

They both get into a fighting stance.

Patron will stand back up where the fight continues.

Patron is again knocked to the ground.

The security officer begins to retreat towards the back end of the parking lot.

Again, I want to point out that HPD was not contacted for this incident.

In just a moment, you're going to see in the right side of the screen the officer who happened to be driving by and observed the agitated patron to investigate.

The owner is actually stepping out as we speak to look at what's going on.

And again, the video ends with that officer coming into frame, making his uh initial observations.

Finally, on November 15th at around 1 a.m., officers responded to a missing property complaint to Karma.

Through a video posted on social media later about the incident, it was determined that the fight occurred that a fight occurred inside of the business.

The investigation later revealed that during the argument inside, security attempted to escort a disorderly party out, which led to a fight.

The videos provided show the security was holding the disorderly patron against the floor and punched him in the back of the head more than 20 times before dragging him out of the front door.

Multiple injuries were reported, and an investigation was conducted by HBD.

Security did not contact HPD per the agreed upon security plan.

When HPD officers arrived, they inquired about what had occurred, and the security officer involved in the fight only told them that they removed the victim from the club.

They neglected to mention the assault which had occurred, uh, which was reported to us the next day.

Again, each one of these incidents are primarily occurring in the later hours of the night and evolving parties that are highly intoxicated.

When the use permit came to City Council earlier this year, HPD was challenged by City Council to work with the business and create a security plan in order to reduce the risk of violence at the business.

We briefly talked about that April 11th homicide, but I want to emphasize that how this business's failure to abide by that agreement played a role in this investigation.

The security plan outlined how security would monitor the parking lot outside the business and use two-way radios in order to have effective communication between inside and outside security staff.

When the shooting occurred, two guards were standing by at the door and no one was monitoring the parking lot.

Once the shooting occurred, there was no communication between the security guards outside and the guards working inside to clear the business, who were only informed of the shooting when a panicked patron ran inside for safety.

Despite the shooting happening in front of them, security was unable to provide a suspect description or explain what occurred during the shooting.

So interviewing the last two years of calls for service at the business, we can see that Karma has a total of 97 calls.

But to tell a more complete story of HPD's involvement at the business, what we've done is broken out the natures for those calls into different categories.

As you can see, self-initiated calls like parking violations and uh follow-up keep checks will be separated, leaving 13 calls for assaults, fights, and domestic, six firearm-related calls for service, three accidents, and four thefts.

Again, I want to emphasize that these calls for service are for 85 and 87 Lincoln Street, which is the address of Karma.

The other addresses or the other businesses in that strip mall will be separate and have separate addresses to go along with them for the purposes of collecting crime statistics.

So, in response to that criminal activity at the business, HBD operations has had to make adjustments to ensure the safety of patrons.

Until recently, ABC had mandated the use of police extra duty units to reduce or to reduce the need for operations to show presence at the business.

But even with the two extra duty units in the parking lot, shift officers were often called in multiple times to assist with breaking up fights and crowd control.

That extra duty was recently suspended for non-payment, which has again put the focus back on operations to ensure that there's safety for the patrons.

The Hampton Real Time Information Center has used one of the long-term deployment cameras to provide additional eyes in the parking lot, which you can see in your slides.

The division also assigned a night shift bid officer whose primary responsibility is to respond to bars and nightclubs in the downtown corridor.

In addition, ABC also suspended Karma's liquor license in April, citing a failure to take reasonable measures to prevent an act of violence from occurring on the premises.

In order to have their license returned, Karma entered a negotiated resolution, which included requirements separate from the city's use permit conditions.

These requirements came into play on July 11th when the Health Department, ABC, Community Development, Hampton Division Fire joined HBD in a compliance check as a part of a citywide initiative to address any safety or health concerns at bars and nightclubs.

On this night, we responded to the downtown area and visit all of the bars and nightclubs in operation.

Each agency had the opportunity to address compliance issues that fall under their responsibilities.

My role was to check for third-party security guards operating at the business for certification for D Department of Criminal Justice Services DCJS.

During the time of that check, the expectation was that the business had a total of six DCJS security guards at the establishment.

Upon arrival, only three identified themselves to me.

The owner of the business was on scene and could not account for where the additional required guards were.

I told him that I would remain on scene, and when his guards showed up, they needed to speak to me.

Over the next hour, three more guards approached me to identify themselves, with one of them being found to be working without certification.

Karma had not met the number of guards that were supposed to have after an hour of me waiting for them, and charges were sought for the unlicensed guard.

As a part of their use permit agreement, Karma shares their exterior cameras of the business with HBD.

Upon reviewing those cameras on July 11th, it was found that multiple guards who did not identify themselves were working at the business in the security capacity prior to my arrival.

Additionally, as we approached one of those guards was seen handing back or handed a capacity counter, rapidly clicking it and holding it behind his back out of my view.

This appears to be an obvious manipulation of the capacity counter.

The owner was on scene for this and it occurred in his presence.

One of the things that I want to point out to you today are that these guards will not return into frame when we approach.

You can see that there's a state vehicle approaching, and my mark unit has already passed by the business.

Two more will come out to greet us as we approach.

As well as the owner who's seen in the white t-shirt.

So these requirements posed by both the city and state were tested again in the most recent assault investigation, which occurred on November 15th that we spoke about previously.

HBD was tasked with identifying a suspect who had struck the victim in the face, injuring her.

In order to do so, the owner was asked for interior footage and ID scanner information.

The footage was for the purpose of generating an attempt to ID bulletin, and the ID scanner would have been able to confirm the ID of any suspect identified by placing him at the scene.

After several requests for footage were made, it was discovered that all data had been wiped from the N VR device the weekend after this occurred, losing that footage.

The only video we received was a two and a half minute segment from one camera angle provided by the owner.

The owner provided the only ID scanner for the business to us because he didn't know how to pull the information from it directly.

Once the ID scanner was obtained, it was determined that several patients who were already identified and known to be at the lounge had not had their ID scanned.

There is no entry under their name for this device.

This rendered the device unusable for the purpose of identifying a suspect because we had no certainty that his name would be in the database.

At this time, that case has been closed, and we've been unable to identify the suspect with the information provided.

Finally, it was determined that the business's exterior cameras and HB Arctic connection was cut off.

I notified the owner of the issue and was told that this was that he was still able to access the cameras, indicating that this was not a failure of the camera to record.

This link was restored after notice was given to the owner.

I will let Mr.

Lynch take it from here.

Again, other incidents that had occurred, uh loitering.

It was a typical act.

And the city had received citizen complaints and attained information from social meeting regarding patron slaughtering on or in vehicles in the parking lot.

Window treatment were again put in place that a prohibited the transparency that was required for the windows.

Video was obtained from social media showing the permit holder actively soliciting public to lease the establishment for events, which again was a prohibited activity.

Staff has checked this on a daily basis since reviewing uh this information last time, including today.

And uh the business legal entity is inactive.

Uh the grounds for revocation again, uh the patterns of violence, including April the April 11th homicide, demonstrated the permit holders.

Their failure to monitor and control patron behavior, uh their failure to patrol the parking lot to ensure guests exit it safely.

Uh another condition in uh number seven was the failure of them to have radios to be able to communicate amongst the guards uh in a timely and accurate manner.

Uh condition number 10.

Uh the permit holder had violated the terms negotiated revolts resulting in uh the ABC license uh failing and the DG excuse me, the uh at least six DCGS certified security at the establishment every day.

Uh these were additional violations that occurred based upon conditions approved in the use permit.

Additional grounds for re revocation was the leasing of the facility to third parties to stage events, and again, I touched on the window treatment, which was subsequently corrected.

Uh and also touched on the expiration of the SCC filing in Virginia for the legal entity.

The business is still currently in an inactive state.

Uh the permit holder, I believe, is present and would probably appreciate an opportunity present.

Uh this is a public hearing, and after the public hearing, the action uh recommended by staff and the planning commission is revocation of use permit application number 24-489.

I will address any questions that you have at this time.

Questions from council members.

I'm gonna bring him up next.

Okay.

All right, any questions for staff?

Council members.

Questions from staff?

Okay.

All right, thank you.

Thank you, Mayor.

Okay.

The permit holder for Karma.

Uh, Mr.

Ray, uh, you have an opportunity to address counseling.

Good morning, council members.

I am his attorney.

I was going to um speak first and then allow him to speak second.

Is that okay?

Okay.

Would you state your name, please?

Amina Matheny Willard.

It was, I guess my understanding that I had 10 minutes.

Yeah, well, the permit holder or Mr.

Ray has 10 minutes as the owner of the use permit, so you all can share the 10 minutes, but you have 10 minutes to Okay.

And he also signed up to speak, so would he have additional time?

Uh no, he he didn't have to sign up to speak.

He signed up under the public hearing, but we grant the applicant 10 minutes to speak or rebut anything that uh the staff has presented, then we open the public hearing, but he doesn't get to speak at the public hearing.

Okay, understood.

And I will we didn't need this up.

But um, so as I said, um my name is Amina Matheny Willard.

I am representing uh Karma restaurant and lounge as well as Courtney Ray.

Um I had emailed you all a letter indicating that I was representing them.

There was a package, it was a continuance request.

But do you all you did you all receive that package?

Uh yes.

Okay.

And you also received the PowerPoint presentation.

Okay.

The first thing I'm gonna do, I'm gonna take it a little bit out of order just based on what was presented.

Um the last thing you heard was that the legal existence of Karma was inactive.

I'm going to present a receipt from the um state corporation commission showing that they are actually active.

And also, do you have the um do you have the other phone?

You put that thing on the top of your phone.

Uh there they're they're active.

It may, so what I'm gonna, I'm gonna hand up this receipt.

Um restaurant and lounge actually does business under A loyalty group LLC.

So you would have to look up A and A loyalty group LLC and uh Karma Restaurant Lounge is a doing business as.

So that is the indication that it was paid.

Um with regard to the third party promoter, and again, I'm taking this a little bit.

Ms.

Bethany, will it now is A loyal to the group the same name that's on the use permit?

Uh leave is car members not allowed for the use permit.

I do not know.

I can I know that you have a copy.

I don't have a formal I don't have a copy of the use permit.

Okay.

He's gonna check the the use permit.

Um with regard to the do you want me to wait?

I'm sorry, yeah.

Go ahead, city manager.

My understanding from Kim Michael earlier today is that they did have A loyalty as the one on the use permit, and that is the entity that they checked for their state, their SEC filing, and they checked this afternoon, and it was still showing as not current since April.

And we looked under A loyalty.

Okay.

Well that's a copy of the receipt, so I don't know.

I don't know what the site looks like.

Does it do you have the date on the receipt?

Um it should with September.

September 2nd was paid.

Of 2025?

Yes.

Oh, let me see the third party promoter thing.

Yeah.

I'm just gonna play it.

Don't play it yet though, but have it cued up.

It's kind of uh Mayor.

I pause the timer during this, and if you would tell me when to resume it, please.

Okay, and if if I so I don't I know we only have 10 minutes.

I did want to just um let the council know that I am gonna be ultimately asking if the council can defer a decision because there are a lot of underlying um things as I indicated.

I was retained on Friday.

There's some underlying things that I want to bring to the council's attention.

Um, for example, the fact that they have paid.

I can go on the website and see what the discrepancy is.

So there are a number of things I'm gonna still want to bring to the council's attention, but I'm doing the best that I can since I have to go forward this morning.

Um this this evening.

The second thing I want to discuss is he talking, he's talking.

Okay, the third party promoter qualification.

Um there was indication that that um my client went on social media and was actively soliciting uh the public to lease the establishment.

So just to be clear, what he was doing was offering the space for like baby showers or meetings, things of that nature, which does not violate the third-party promoter clause.

The third-party promoter clause is when you if he if he were to just hand his keys over to a nonprofit or another business and say here you run the business for for the night.

What I'm getting ready to play, I'm gonna again try to be as short as possible.

Is do you know who this is?

This is um but it's the city council.

This is a planning um representative, a planning commission representative explaining the third party promoter.

So I'm gonna just play this, and you probably know who it is if I show you a picture, but or maybe you hear his voice.

Let me see.

Is it turned up?

Kind of uh fuzzy or foggy around the third party promoters.

Um any sort of nonprofit organizations that are having a private event, that doesn't count what it's really speaking to is when we get um places are essentially handing the keys over to somebody who's throwing parties and they're charging a fee at the door for to make money themselves.

That's what a third-party promoter is uh referring to.

Um I could see how from the name it was sort of a literal interpretation would be I can't go hire somebody else to help promote my own restaurant.

It would not, it would not uh capture um this gentleman running his own restaurant if there happens to be um an after party after a chassis or something like that that he's hosting as his restaurant.

Um he's bringing it bringing artists in just like you would for any other uh live entertainment event.

That would still be permitted.

It's just you cannot really turn the keys over and let somebody else essentially use your space um to run an event.

Um you have to be in and I you all probably know this individual, so if I could just hand this Michael Hayes, Michael Hayes.

Yes, we we we recognize the board.

Okay, you recognize the voice.

Um that's another instance where it's not a violation with regard to the window treatments.

Um he had blinds up, he explained that.

Um he was actually summons for that.

It was dismissed once it was um determined that they were actually blinds.

Um so the reason I just took that out of order because it was the last thing that was discussed.

Um I do also want to indicate.

Um I did want to let the uh council know that there are a number of as I indicated I'm representing um commercial restaurant and lounge and Courtney Ray.

There are a number of individuals here in support of um the business.

I and I don't know that they're all signed up to speak.

I would ask if they could stand so the council can see that they are here in support of the business.

Um I was gonna hand out the packages, but you've indicated that you had the packages.

Okay.

And again, I indicated that I was asking that that the decision be deferred.

There are some things that I have about eight to twelve inches of documents regarding this entire situation that I was attempting to review.

I think that was in my continuance letter.

So I wanted to get you all some underlying um information regarding those incidents.

And as soon as he realized that he needed two use permits, even though again the building was congruent, he fixed that.

Um I think I went over the third party promoter.

Okay.

Okay.

He's hired um with with regard to the security.

He has hired um DCA DCJS certified uh DC uh JS certified security company for both inside and outside the premises.

I'm not gonna spend too much time on that.

I can tell you all that he relies on those companies to do what they're supposed to do.

Um the owner of the outside company is here so that you can ask him any questions.

Um, but he has again hired the company to do security.

Um they are DCJS certified.

There was a Jul July 11th incident where the officer indicated that um he was missing one of the the security guards, and a security guard came late that day.

Um so that did happen again.

The owner of the outside security is here, and he's here to speak on behalf of Karma.

Um the November 8th incident.

Again, the the owner of the security company is here to speak on that.

I can tell the um council that the video that we saw about saw about that incident um is unclear at best, but he has um more direct knowledge from talking to um his employees regarding what occurred on that occurred on that day.

Um one of the reasons I'm also asking the the the council to defer is the January 18th incident where um it was indicated that there was talks of weapons in the parking lot.

Um there is actually a police report that basically indicates that no one saw any weapons, including the security guard, um that there was no fight, that nothing that was reported actually occurred um when uh when the officers showed up.

So a lot of what I want to do is kind of get the actual police reports.

I can also tell you that um there was an indication that there was a report about weapons, people um with guns in the parking lot.

There have been incidents where the armed security were telling people that they couldn't park in certain places, so then they would call and say there's people with guns in the parking lot.

So there are underlying reports that go with all of these.

All right, we understand your time your time is uh uh for presentation.

Was it the whole 10 minutes?

Yes, ma'am, and I even paused it during the document exchange.

And I even gave you a little extra time.

So, Mayor, I did note that she requested rebuttal time, and your rules do allow for her to have three minutes or the applicant to have three minutes rebuttal after the speakers are okay.

So then I'll he will do that part.

All right, so we're gonna move to the public hearing.

Um and then we'll give you time to for the rebuttal after that.

Okay, thank you.

I'm sorry.

Uh council members, councilman, I'm sorry, council members do get to ask questions.

We didn't we didn't give them time to ask.

So council members have any questions for the Premier Hill?

Councilman Brown, I mean Vice Member Brown.

Yes, thank you, Mayor, and uh Ms.

Willard, thank you for your um summation.

Just to for clarity, the incidents that the officer um presented on certain dates.

Did you guys call HPD out to those incidents?

Or were they called and understanding some incidents of security your security did not work?

Every single date, but we already had HBD on scene during majority of those.

We didn't lose um HPD until um mid-October.

So everything prior to that, um after April 11, prior to April um October, HPD was already there.

So I'm asking, were were your security cooperative with HBD and their investigations on these particular dates?

That I know of, yes, sir.

And um so the uh come back to the uh state corporation commission in in terms of your your license.

Uh what's the discrepancy there?

Because you know, when we're checking records as of today, you know, it's not current.

I I have no idea.

Um I caught it in September and I paid it.

Um it was $75.

I don't it might be something in their system, but uh I'll get on the phone with them tomorrow and see uh what's going on with that.

Um but it could be just a simple update on their end.

Um but I paid for it in September.

It did last in April.

Uh in April we had you know a very um tragic incident.

Um that and that was the last thing on my mind was renewing a piece of paper with the state.

Uh once I did catch it, I did renew it immediately.

Okay, so so uh let me just so my understanding very clearly here.

You guys are saying that uh you guys have complied with the conditions of the use permit and security that HPD has asked you guys to maintain, inclusive of cameras and staff and um how you have manned security inside outside of the establishment.

Correct.

Um on July 11th, uh when they was doing the um spot checks um downtown, we did have a guard that was running late.

Um it was just late, just like someone being late to work or they you know, or to appointment.

Uh he eventually showed up that night was my birthday, actually, so we actually had more than enough security, and uh Hampton Police Department was already on scene at seven o'clock as well, and I think they came around eight something.

I was getting ready to go home to change, and that's when they they came up, so I hung around a little longer and then I waited till uh the rest of my security team showed up, then I went home to change.

So um as I'm looking at the dates that incidences occurred at the establishment.

And uh so I'm just wanting to be clear for the record.

So I'm understanding that um the assaults, uh weapons, fights, and other things that reported, none of that occurred.

No, I'm not saying that that didn't occur on those dates.

Is that HPD was there?

My security team handled those situations.

And you were paying for overtime for HPD?

Yes.

And why did HPD stop providing financial reasons?

So did that have anything when when you financial reasons, and I'm gonna finish up, Courtney.

So financial reasons when uh you stopped paying for overtime or police security didn't that um present a deficiency in what security man manning was?

No, um I had to um with my agreement with my agreement with uh Virginia ABC, I had to add an extra security guard, armed security guard for the parking lot, and that's why I went to a two-man, uh two-company formula where one company uh runs the inside and then one company runs solely the outside, and they're dedicated and they're out on foot.

They know cameras, they have you know walkie-talkies, and they're out in the uh in the parking lot uh while we're open.

Okay, any other questions for Mr.

Way from Council members?

Okay, thank you.

We got it.

We're gonna move on to the uh public hearing uh council members.

Uh code requires us to vote past to go past 11 o'clock.

Uh we have some speakers sign up for the public hearing, and that will carry us past 11 o'clock.

So um I'd like to uh call for a motion and second to uh extend the meeting past the 11 Mr.

Mayor so moved.

Second motion has been made and seconded to extend the meeting beyond the 11 p.m.

time limit set by the city code.

Councilman Bowman.

Aye Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Bunkler.

Aye.

Mayor Gray.

Aye.

Thank you.

Okay.

This uh this item does require public hearing, so we're gonna open the public hearing.

Um several speakers signed up uh to speak.

Uh speakers, we get three minutes.

Uh, if you're signed up to speak, when I call your name, you come up to the mic.

This is the timer over here.

Uh it's green, starts with a green light.

When the yellow light comes on, that um uh indicates you have one minute left, and so you should start wrapping up your comments by then.

Uh first speaker I have uh for this item is Brittany Brown.

Good evening, Mayor Gray, Vice Mayor Brown, and members of council.

My name is Brittany Brown, and I'm a licensed professional counselor, the owner of Positive Alternatives and Outcomes, LLC, and NFP, a for-profit clinical practice and a nonprofit organization serving youth, families, and adults throughout Hampton.

My entire career is built on addressing the very issues that we're discussing tonight, root cause, mental health challenges that impact community safety, specifically security incidents referenced by HPD earlier, not to include the 27 parking violations mentioned.

I want to be clear, many of the problems we're seeing around downtown Hampton are not just business compliance issues, they're also mental health problems.

As someone who works daily with individuals struggling with trauma, disregulation, homelessness, substance use, and chronic stress, I can say with full confidence shutting down karma lounge won't change the deeper human issues that show up in our streets and our families and in this very city.

Meanwhile, my office is located next to a city-owned property that experiences homelessness, drug activity, and physical altercations every single day.

So when we talk about revoking karma lounges use permit, we're ignoring a bigger truth.

The environment has unmet mental health needs that no single business can resolve, along with staff compliance and disciplinary issues, which all businesses have, including the city and the police department.

Now I need to speak on who Karma Lounge has been to this community.

As a young black professional woman, it's one of the only spaces that I feel welcome and safe when grabbing a bike to eat out the work.

Beyond that, Karma has been a direct partner in community wellness.

They've offered my nonprofit space to host CPR classes.

They've sponsored meals for young black teenagers before college visits with my nonprofit, and they provide the safe gathering space for program participants to celebrate milestones.

They show up for the city in ways that don't make headlines but actually make a real difference.

Revoking their permit doesn't solve the root cause.

It just removes one of the few establishments building relationships, supporting community programs, and helping residents feel connected rather than isolated.

I urge the council to take a step back and look at the larger picture.

If we want a safer, healthier Hampton, we must invest in mental health services and community partnerships, not punish businesses that are already contributing positively for an individual's human behavior.

Thank you.

Thank you, Ms.

Brown.

Next speaker is Charles Kelly.

My name is Charles Kelly.

I'm the director of operations for RBF Security Solutions, and I've been hired to change and revitalize Karma restaurant and lounge and make sure it's a safe place.

I've been operating in the Have the Rose area since 1997, since I came from New York.

And one thing I know for sure, things happen.

But all the things that happened before, I can't do nothing about that.

But from now on, since I'm there, I can do anything about what's happening now.

Now, the situation that happened on November 8th.

It was unfortunate what happened.

The officer was wearing a quick release vest.

The individual grabbed the quick release, the vest came down.

His weapon is on the vest.

I do not represent that you take the weapon out.

So I advise they take the vest off.

Now from the video, I'm gonna tell you the truth.

And I have nothing against police officers or anything like that because we do need to work together.

But I really couldn't see what was going on.

And all I can say is from then on, we have had for the little time that we've been there, no instances where we've had any kind of trouble.

We've met all resistance with a definite protocol that does not lead to actual violence between officer and the person that is the individual that is going with.

I want to, if anybody acts, I can put down serious protocols, you know, revisions, anything that's needed from me to you to show you exactly how we will be working this.

All my officers are DCJS certified.

I'm an instructor myself.

Weapons and O-1E, all the courses that's needed, and all the time that I've been doing security in the Half the Rose area, and a lot of the people here can testify.

On my ship, nobody gets shot, stabbed, hurt, or mangled.

Everybody leaves because I put particular detail into my offices.

And karma, I've known these individuals since they were young.

And to me, these are good guys.

I do recommend that they stay open and give me and them the time to rectify any situation and turn around the thought about how karma might be bad for the community because all I've seen is good.

Thank you very much.

Alright, thank you, Mr.

Kelly.

Uh next speakers Johnson Torado.

Good afternoon.

Mayor, Vice Mayor, City Council.

My name is Johnson Torado III, owner of Black Tide Transportation, a luxury black truck service that provides safe, reliable transportation through Hampton Roads.

I share that because, like Karma Lounge, we're a black-owned business and that matters.

There's approximately 10,000 eight, 10,815 businesses in Hampton Roads, yet only 739 of them, just 6.83% are black-owned.

The small percentage shows how important it is to protect, support, and uplift the black-owned establishments that are here doing work every day.

Black owned businesses strengthen our community economically, culturally, and socially.

They create jobs, they keep money circulating locally and close economic gaps.

They provide respiration, inspiration to the next generation.

They give back through mentorships, events, community-based supports.

These business businesses become pillars of pride of growth and opportunity.

Now, that being said, I want to focus on Karma Lounge.

Karma Lounge represents everything a strong black-owned business should be.

In transportation work, I partner with many clubs and lounges across the region.

I can probably say Karma Lounge is the definition of black excellence.

They care deeply about the community, their customers, and consistently go above and beyond to meet the people's needs.

Removing Karma Lounge or altered or altering the structure and way it removing Karma Lounge or even altering the structure in way it might harm its operation, like cutting their hours would be detrimental to the to the community.

Karma is not just a restaurant, a lounge or nightlife.

It's a family, as you can see, amount of all the people that stood up behind us.

In support of the system, the community is Karma Lounge has given back to the community more than any other establishment to my to my knowledge in Hampton Roads.

Yes, they might have been foreseen incidents, but we cannot place all the blame on the establishment.

We the people, the city, and the community must share responsible responsibility and focus on the solutions and not the closure.

The question should not be what happened, but what we can do moving forward.

I want to acknowledge that karma has already taken the real steps toward moving safe to moving forward safely.

I personally witnessed, and they have hired my company to provide free transportation to every section, ensuring the guests can move to the establishment and out the and leave the establishment without drinking and driving.

Karma Lounge is great, and they are improving in listening to their lead.

Karma Lounge is great in improving and listening.

As a member of the community, I strongly ask that Karma Lounge can continue to grow into its full potential to continue serving and carrying a strong black owned business.

Scripture reads in Proverbs 11 14, where there is no guidance, a community fails, but in the abundance of counselors, there is safety.

And I just want to show because I know that the time is running short, that the work that Karma Lounge puts behind.

That's why Black Tide Transportation is now partner with Karma Lounge to ensure seamless luxury transportation to and from the establishment, ensuring a safer community day by day, night by night.

Enjoy your evening without putting others in danger together.

Let's keep the road safe again and not in a one of these.

All right.

Next speaker is Tiffany Powell.

Can you hear me?

Yes.

Good evening.

I'm here before you to speak on the character of Karma Restaurant and Lounge.

My name is Tiffany Powell, and I'm the owner of Southern Hospitality Food Truck, proudly operating through the Hampton Rose area.

I stand before you today, not just as a small business owner, but as a provider for my family and a member of a community that depends on one another to survive.

My food truck operates through a commissary kitchen in Karma, owned by Courtney Ray.

He has opened his doors and his heart to support me and many others who need him.

Karma has been in a beacon in our community as a black owned business, not as a black owned business that constantly gives back without expecting anything in return.

They host turkey drives, toy drives, and they provide affordable meals during the government shutdown for families struggling to make ends meet.

They fed every veteran for free on Veterans Day, and they hosted a free Halloween celebration for children who may not or had another safe space to go to.

Karma doesn't just serve food, they serve hope, they serve dignity, they serve the community.

And when one black owned business supports another, it strengthens the entire foundation of Hampton Rose.

If Karma falls, we with all feel it.

Karma is not just a business, it's a lifeline for families, for veterans, for children, for small business owners like myself who depend on them to legally and safely operate.

Karma has proven that they are committed to uplifting the community.

I would like to see us come together and make karma a lasting footprint in our community.

Thank you for your time.

Thank you, Miss Powell.

Next speaker is Alex Barrel.

All right.

Good evening, Mayor, Vice Mayor, and City Council.

I stand before you today, not just in support of Karma Lounge, but in defense of fairness, equity, and the profound impact that Carmel Lounge has on this community.

I'm asking the city council to reconsider the unreasonable stipulations being placed on this black owned establishment, a business that while not perfect has proven itself essential to our community.

This establishment provides a much needed space where residents can gather, fellowship, and build positive connections.

The owner continuously gives back, supports local initiatives, and invest in the very people this city serve.

Instead of creating barriers that handle growth and discourage community engagement, I urge the council to work with this business in a fair and balanced way that reflects its true value to our city.

Karma is more than a building.

Someone's opportunity to show the world what people of color can achieve when they are given the chance.

So I believe we can find a path that protects community, that protects the community while still allowing this business to thrive.

Together, we can set a standard of fairness, growth, and unity.

Okay.

Next speaker is Nikita Bellavie.

And if you would state your name that way, I know that I was pronouncing it correctly.

Or get the correct pronunciation.

Yes, it's Nikina Bellavie.

Okay.

So I stand in support of Karma Lounge.

As a 35-year-old resident of Hampton, I can honestly say it's one of the only places in the city where adults can come together and enjoy themselves from game nights to RBs to community pop-up shops.

It's really the cheers of Hampton.

Everybody will know your name.

Lunch with Sheila is one of the greatest events during the day.

Especially as a long as a stylist.

Thank you.

All right.

Next speaker is Sierra Moore.

Sierra Moore.

All right.

Next speaker is Justin Birch.

Justin Birch.

So you cannot speak for Justin Birch.

Sorry.

Justin Birch.

All right.

Next speaker then is Eric Montgomery.

Good evening.

My name is Eric Montgomery.

I'm a Hamden residence, a Hampton homeowner.

I'm the marketing director of West Next program.

I got over 300 felons, their CDLs and trades.

Unfortunately, I'm a felon coming out of Hampton.

And I remember coming home and I couldn't find no type of employment at all.

So Rowlies gave me a chance.

They put me in their kitchen.

It was a humbling experience coming from the feds and working in the kitchen.

But the joy that I got being able to help my family during holidays and all that thing was a feeling that I'll never forget.

And I say that all that to say Courtney hires the same type of people like me.

That's um felons and people that's trying to get their life together.

And y'all look at karma like a lounge, but they look at it like a livelihood.

If y'all take karma away, it's no telling what they're gonna do or what they can do to take care of their um families.

And um that's all I had to say.

Okay, thank you, Mr.

Montgomery.

Next speaker is Dominique Cutchen.

How y'all doing?

Uh I'm gonna keep it brief.

Uh uh, like piggyback on what he said.

Uh karma pretty much helped a lot of people that have no second chances or they're trying to find a second chance.

So take away that is like, I mean, the part of the parking lot, I mean, I stuff happens, you know, stuff happening in Walmart's food lines, you know.

The security can't really control every single thing, even with the police sitting right there.

People still gonna be how they, you know, some people just know how to act.

You know, you could do better to add on to security chain, like uh OD fella said, that'll help, but yeah, I vote y'all give them a second chance if y'all can because they employ a lot of people that don't have nowhere else to go.

Okay, thank you.

All right, thank you.

All right, that concludes all of the speakers.

Uh mayor, mayor, I might remind you that the applicant did request the three-minute rebuttal time.

Okay.

Thank you.

All right, so I know council members have some questions for staff or the Mr.

Okay.

All right, Mr.

Ray and uh Miss Umny Willard.

All right.

Um this is bigger than me.

This is bigger than karma.

Um when it comes to violence, it's something that's hurting our community.

Um, me as the business owner, I've never opened karma to have an establishment that was prone to violence or security issues like that.

All I wanted to do was give people a place to go, a place to have fun, and a place, you know, that they could feel free and and go home.

Um everyone knows, you know, I I'm known for food.

I love to feed the people, I love taking care of people.

Um I don't do a lot of bragging or boasting about what I do for the community.

Uh I do it behind the scenes out of love.

Um I have a lot of people here for support.

Like a lot of these people work for me uh or not work for me, where we work together.

I don't like those say work for me.

Um but uh everything that was an issue I tried to address.

Um I know we only got a couple minutes to go against a long presentation, um, but uh every security issue I tried to address.

Um some of the stuff that I found out from July 11th, I I was kind of um puzzled to why I found out in November about something that could potentially have been unsafe.

I should have felt as the business owner, I felt like I should have been contacted July 12th when when the situation happened, that didn't happen.

Um the situation addressing uh, you know, with how security handled things.

I know more one that's recent, uh, with the girl saying that she wanted to file a complaint.

Uh she initiated it.

One of my security guards was down on the ground, was getting pulled by the male individual and uh other his partner did what he felt was in reason to um get the the aggressor off of his partner, uh which any police officer or security guard would have done.

Um I I'm just I'm just asking, you know, that y'all understand that I I don't run uh uh a violent business.

I'm not a violent person, and I know y'all don't know me from a can of paint, but the problem is deeper than karma, the problems within our community, and when I say our community, I mean an African American community.

Um I could have been doing anything in the world.

Um I chose to take every penny I had to invest in this establishment in Hampton.

I took no loans out, I took what I had in my retirement counts from the military.

I took um think uh had small 401ks and I wanted to create something um that was vibrant for downtown Hampton.

Um I'm I'm all open to all suggestions.

I've never my phone is always on.

Um even when officers and calciers ha always had to call me, I picked up.

If I didn't pick up, I returned his calls in a timely manner.

Um but I'm just working uh to you know to to get myself out of the situation of you know everything that we're in now.

Listen.

Okay, questions for uh Mr.

Way.

Vice Mayor Brown.

Yeah, um Mr.

Ray, what happened on July 11th that you said you should have been notified about?

What was that?

Well, he showed evidence of my security guard tampering with the clicker, um, which was an assumption of that he might have been trying to conceal numbers in the building.

Like that's a public safety issue.

I should have known that that day or that that next morning, so I could have addressed it with the security guard.

Now I do know what happened.

I did go to that security guard and find out what happened after I saw that after the planning commission meeting, uh he simply said, I forgot the clicker, I saw them walking up, I kind of went in, I saw how many people was there, I was clicking how many people was there.

He wasn't trying to conceal anything.

When you click on the clicker, you're adding, you're adding numbers.

If you're trying to conceal something, you'll be taken away from it.

So he wouldn't have been adding the numbers.

He just forgot in there and he just wanted to make sure he had it on him.

So since then I've addressed how he should handle that situation.

Um which is to if somebody comes up for a compliance check, hey, let them know if you happen to forget the clicker.

But always now we use an ID scanner, and and sometimes it does a little malfunctioning, they tell me, but even on the ID scanner, it it keeps count of the people who's coming in.

So you don't necessarily necessarily need uh the clicker.

Do you have a question?

Councilwoman Harper.

Thank you, Mr.

Ray.

Thank you.

I don't want to miss from now.

Sure, hey.

But thank you for for being here.

Um I do have a question about the security.

When did you um retain what's the gentleman?

Uh October.

October?

Yes.

Now, I'm gonna quite be honest.

After you that homicide you had in April, I would have retained him then.

To be very honest.

Because that was something very serious.

You know, that happened outside of your establishment.

And I'm not saying that you, you know, of course, it was unfortunate that it happened at your establishment that you told anybody to kill anybody or do anything.

But that was just an unfortunate situation.

And as far as I'm concerned, I when you first came about your business, I was all for you.

I I honestly was.

When some of the talk was not, and I wanted to give you a chance.

But you have to understand being in our shoes and seeing all of the incidences that have taken place at your establishment, that now, from what I see.

Like you say, I don't I don't know you, uh, you know, um, kind of want to want to fix it.

Whereas to be honest, when that serious situation took place, um, and I'm not, and I'm not being personal, because I I knew the gentleman that got killed personally.

And you know, but what I'm what I'm um I'm saying is that during that time I would have I would have definitely tried to get some security measures in place so that that wouldn't happen again.

I'm uh I'm not saying that it has happened, but you know, to to be sure that nothing like that ever happens again, you know, at your establishment.

So, you know, um I'm glad you trying now, but I I think that you should have been more proactive earlier part at that time.

Councilwoman Ferry.

Thank you, Mr.

Mayor.

Um first I'd like to just acknowledge um all of you for staying here until after 11 o'clock to to support um karma, and um I think that speaks well to the people that frequent your uh restaurant.

And um having said that it I I just wanted to get some clarification from the city manager.

Um it's my understanding that this replication, you will still be able to operate as a restaurant.

Is that correct?

Yes, ma'am.

This what we are talking about revoking is the use permit three.

Um if you do revoke the use permit three, um, there would need to be a zoning administrator application, but that could be processed very quickly for either a restaurant one or two.

Um so basically it would take away some of the extended features like extra time uh to 2 a.m.

and things of that nature that come with a three.

We're not talking about closing the restaurant.

Um we're just talking about revoking the use permit three.

Thank you.

And then I have a follow-up question.

If the if we revoke the restaurant three, how long before um they have could reapply if we were to in fact um able to fast track the level one or level two?

For another three, is that what you're asking?

Or how long would it be?

If they were to if they were to apply to be for a level one or level two, um Kim, how quickly you only process a one or two.

I I don't want to speak out of term.

I would say if we get a complete application that can be done in a few days.

Okay, to get them to the level so that they can continue to operate at a at a as a one or two, and then after they operate as a one or two successfully, how long would it be before they could apply to become go back to a level three?

I will defer to Mr.

Gner to see if there is a a legal period of time you have to wait.

I I do not know that.

I'm not sure the ordinance speaks to that specifically.

Generally speaking, um if you have an application and it is denied, you have to wait a year to file a substantially the same application.

I'm not sure if your question is directly addressed in the ordinance, but of course, to have a level three would require a use permit to come back to council to be approved, you have to go through that full legislative process again.

Okay, thank you.

So I I think what I'm trying to say is uh um based on what has happened over the past with with the what has taken place, um I think you also would hopefully we could if they can fast track the application so that you can continue to operate.

I think that's fair to allow you to reestablish yourselves and then perhaps you know, after a period of time come back to um, you know, things can move in a positive direction.

So I don't think this has to be doom and gloom from my perspective.

No council members' questions.

So Mr.

Ray, I know you said these council members don't know you from a can of paint, but I do.

And uh I've been knowing him a long time.

I know his family's mother and sister sitting out here with my neighbors when I lived in Norfolk.

So Courtney and I have had a lot of conversations about his business.

Um, you know, going back to you know, we when you were had the other side and you were trying to get open and trying to work through getting the use permit process with that.

And um, yeah, you know, I know that you know, all of these these you know, people who are patronize your business, they're here, they support you, and they find it to be a good business.

And we we want nice restaurants, businesses, places where people can come and have a good time.

We want that in our city.

But I think what's not working is what's happening in the spaces outside of your business when people leave.

And we're getting complaints from the community about the activities in the parking lots, uh, the late night fights, the the noise and those kinds of things.

We we get the calls about that and the complaints about that.

And so this is not because I I know because you you you tell I know you were Air Force veteran.

How long did you do in the Air Force?

22 years.

22-year Air Force veteran trying to do business in our community.

And um, you know, what else do we want other than have veterans who can land here in our city, you know, use their savings, as he said, to uh open a business, and uh, you know, but but it's just it's just unfortunate where we come to today as and I and I gotta admit that I'm uh I was kind of a little disappointed that we ended up at this this place.

And and I know there's been a number of of missteps uh regarding a number of your business operations.

Uh and you and I talked you talked about some of those, and uh certainly what they're talking about and presenting tonight, you know, with the uh use permit and the some of the violations of some of the things that go along with that.

And I I want to be able to see a way forward for you to continue to do this.

Uh obviously the people want karma, they want it to work, but the current the way it's working currently is not working for us as a community, and we got to figure out a better way.

And I think what council members are asking, uh I it's just it's difficult to say let's let's continue.

And I know Miss Matheny Willard is asking for continuance, but a continuance to do what I think the things that were laid out at the Planning Commission, you know, that I thought that what I would get at this meeting was here's my plan, you know, to fix this, this, and this, and and resolve this so we can move on.

And I think we'd have felt, at least I would have felt more comfortable saying, okay, let's uh let's defer this for a few months and see how things work.

But what but what we got was you know, kind of silence, and then we get, you know, the next thing we hear was is from Miss Matheny Willard, you know, saying that she's representing you and she's asking for a deference, uh asking to defer the item.

And you know, I I just want to figure out how we as a community can make these establishments work for our community so that people can earn a living, those who are trying to reestablish themselves after incarceration.

Yes, we need that in our community because we got people who who get released and they come back, the difficulties of finding jobs, and I applaud you if you are providing a place for people to land and be able to earn a living and get reestablished.

We we need that in our community.

But what's come what comes with that right now is is not working for us.

And we need to find a way to fix that so that you know you can have a uh a thriving business, earn a living for yourself, provide a nice place for people to come, but yet we don't get the complaints, we don't get the incidents and all of that.

That's that's the ideal situation that we would like to see, and I would like to figure out how we get there, but I just I just don't know.

I don't know how to get there because I'm not in your shoes, I'm not running the business.

I'm I'm just here trying to make the best decision that we can make for you, for us, for our community, so that so that we can so that everybody wins in this.

But um I I and again, I I think what council members saying here is that we need we need a a reset or I guess what I've heard many times lately, we need to level set and uh figure out how to restart again so that you can be successful.

And um, and so I I don't know, that's that's kind of what I would like to see, but I'm just trying to figure out what's the way forward for that because what we have going on right now to all of you who go to karma, you're going to karma and having a good time, but what's happening when you get outside of karma is not working.

And uh so we you know, our appeal to you is that we gotta we gotta figure out a way to do better so that the community embraces karma and and not just the people inside, but the people who live around karma, the other businesses and all, embrace you being there.

And so I I I would I would just say that we need to find a way forward to do that.

So city manager, you I just wanted to make a clarification that staff provided me.

They could be a level one automatically.

A level one is a restaurant that doesn't serve alcohol.

They could get the level two and serve alcohol, and that's the application that Miss Michael said we would expedite.

But even immediately, they could still operate serving food.

And I'm sure he would want to continue to serve alcohol.

I'm not suggesting otherwise.

I just wanted to be clear on what the distinction between a level one and a level two was.

And a level one is a base automatic.

He doesn't even have to apply for a level one.

And I I think I heard Miss Michael that didn't get reflected on the audio.

I think she said it could be done in a matter of days.

Is that what I understood you to say?

Okay.

Councilwoman Ferraby.

Thank you.

Um Mr.

Mayor, and I I concur with your comments as well.

I I and that's what I meant by doom.

This doesn't have to be a uh lose lose or doom and gloom.

I think um if we could figure out how to level set and um get you keep you operating, keep your people employed, and and then in the meantime, you know, work with work to um rectify some of the negative um things that are happening.

Um I I did have another clarifying question um around um taxes and um payment of for the extra duty police.

Are you uh I'm assuming that all of all that's up to date?

No.

Well, I'm I'm working on some options for funding.

So kind of like what the previous guy was just in here talking about uh security things.

Um when I when I was in negotiation with ABC, um it was some language put into my restrictions that kind of like put me back a little bit uh as far as timing and security, and when you're when you're going through something like that with no attorney, like uh I I misread some stuff and it kind of set me back a while.

Uh I know I can ask for those to be uh removed in in a couple months.

So right now I'm just I'm just trying to make it trying to keep everybody gamefully employed.

I have a very, very high security tab daily.

Um, and then and that's kind of like what the other gentleman was referencing when it's like it's hard to set you you don't know you might have 10 guests today and a hundred guests tomorrow, but uh to have a $2,000 bill every day before you open is is you're starting off in a red.

And so that's what I've been dealing with since uh May.

So uh I I do have some some options, some fun options that I'm I'm looking at in the next couple days to help me clear out some stuff and give me a little bit of um cushion for for the next couple months.

Thank you.

Thank you.

Okay.

Any other questions for Mr.

Ray?

Kind of question.

All right, yeah.

Uh councilman, I mean Vice Mayor Brown.

Thank you, uh Mayor.

Um Mr.

Ray, uh, don't feel remember, but when you open your business a few years ago, I was there to cut the ribbon.

You were and um say some remarks and words about um your establishment.

I'm not been there on a regular uh because of my schedule sometimes, and sometimes I don't even get lunch, so uh not because the food wasn't good because it was.

But um I was hoping tonight that uh you would come with um a mitigation plan that you would come with strategy and come with some things that you're gonna put in place uh to deal with some of the issues and some of the concerns that are going on there.

Um and it would have given me um more not evidence but just a little more substance uh to make um if I were going to make a decision to not revoke, then there was it was something there that would have said, hey, you know, hey, let's do something different.

Um like my colleague councilwoman Faraby mentioned and others are on the dais, uh a revocation is not a death sentence.

Um but what it does is to help you um reset.

Um I have pride myself on as a member of council is to help expand small businesses and to grow small businesses because I think they're the economic engine of our community.

You hire here, you work here, you play here, you raise your family here.

And that's important.

But we we we have um I I wish you would have shared more because when I get report from the HPD on a 97 calls for service and some of the kinds of things that they were called out for, uh is very concerning.

Right.

And as a member of council uh and uh representing 138,000 citizens, uh I've I've got to to look at this uh through an unbiased lens.

I've got to look at the evidence, look at what I'm hearing from both sides, and make the best assistance that I can.

Uh tonight is going to be very painful for me.

I'm just gonna tell you right now.

It's gonna be very painful.

Uh because our hope is that any business, it doesn't have to be a black business, could be any business, small business would be successful with the right support with the right tools.

But when you left that planning commission meeting, I would have started immediately to um make some uh uh ginormous moves to make some changes.

And uh and I appreciate your attorney uh coming in and and helping, but I I was hoping that uh you would come and say uh council uh I realize that you know we need to work on A B and C and you know I'm I'm uh I'm still hearing, and I know you mentioned that you paid the SEC stuff, but I'm still hearing that when you pay your SEC bill uh in real time, they uh immediately uh put you uh as current.

Right.

Okay, so I don't know what's happening there.

I'll call tomorrow.

Yeah, I know what's happening there.

So uh but you know uh sometime when you sit here, and I'm gonna be be very brief with this.

Sometime when you sit here in this seat, um you make decisions that are not popular, and then um sometime you make decisions that are popular and people applaud that.

Um but just looking back on the history, and you know, unfortunately, lost the uh a young man in April.

Um then a lot of the things that have been going on.

Um, but I'm I'm troubled by to hear you say that you have complied with all that HPD has asked you to do regarding your security that troubles me because you just hired someone in October, and uh that brother seemed to be very on top of things when he came up.

Um but I'm I'm almost wondering uh it why uh even in April that um you didn't move to um to secure uh good security, uh mitigate some of the problems, uh, you know, reach back out to the city and and and have a a working agreement.

So um but just want to tell you that it just it it it pains me because you're a good guy.

I don't know you personally, um, but uh and I respect your service in the military and expect and respect what you've tried to do for our community.

Um but uh I I think tonight we were trying to find a way to to move forward, um, but it is very, very, very challenging.

So any other questions, comments for Mr.

Ray, Council members.

Okay, all right, thank you.

All right, uh we concluded public hearing and we've heard from uh staff and the uh permit holder, Mr.

Courtney Ray on this.

Uh his attorney is asking to defer, um, which I guess is him asking for deferred as attorney speaking for him.

So we do need a motion from council on one direction or the other mayor, I'm I'm I I certainly uh will not move to defer this.

Um I think the time has lapsed, the time has come, uh and I was hoping the time would be tonight that uh we would have some strategy moving forward uh uh you know with this business.

So I just I I don't know what defer is going to do.

Um when the meeting was held with planning commission, been months since that meeting was held.

I think if something were going to happen, it would have certainly something would have happened by now.

So I move the city council uh revoke the use permit 24-0489 uh commer restaurant and lounge for favor to comply with youth permit conditions.

We have a motion and a second.

Uh is there any further discussion?

Okay, there being none uh just call for the vote.

Call rule to call to roll.

Councilman Bowman.

Aye.

Vice Mayor Brown, aye.

Councilwoman Campbell, aye, councilwoman Faraby.

Aye.

Councilwoman Harper, aye.

Councilwoman Muggler, aye.

Mayor Gray.

Aye.

The motion carries I think that's all of our items on the agenda with the exception of the appointments.

So we give them a few minutes to clear the room.

Well, this is five more minutes.

All right.

Hold on a minute.

Let me get let me get to my page here.

Okay.

There's several motion required for your appointments this evening.

Okay.

And I can be I can be loud.

All right.

The first motion required on your appointments for this evening is on the Hampton Animal Response Team, appoint Amanda Roten to a first term until December 31, 2028.

On the Coliseum Advisory Committee, reappoint Linda Curtis and appoint Anne Cherry to terms expiring on December 31, 2028.

On the planning commission, appoint Keisha Samuels to fill the unexpired portion of a term until November 30, 2028.

And on the towing advisory board, appoint George Sawyers as a towing and recovery operator representative until December 31, 2027.

That's the first motion required.

We need a motion and a second.

So move.

Second.

Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Farrabee.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

Aye.

The second motion required is to defer the citizens' police advisory group appointments until January 28, 2026.

Any motion and a second?

So move.

Second.

I'm sorry, was that Councilwoman Harper?

Yes.

Yes.

And the second.

Second.

Thank you.

Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Faraby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Mugler.

Aye.

Mayor Gray.

Aye.

And I believe the last motion is on the Virginia Air and Space Science Center.

Mr.

Mayor.

Yes.

Do I do I don't I don't I wait?

I don't have to wait for the motion, right?

Yes.

I will not participate in any discussion or vote concerning appointments to the Virginia Air and Space Science Center because my spouse currently serves on that board and is under consideration for reappointment.

Mr.

Mayor.

I also uh will not participate in any discussion or vote concerning appointments to the Virginia Air and Space Science Center because my spouse is currently serving on that board and under consideration for reappointment.

So the next motion required is on the Virginia Air and Space Science Center to reappoint Ross Mugler and Ann Bain to second terms expiring on January 31, 2030.

Reappoint Melvin Farabee Jr., Michael Haymore, Gayleen Kenoyton, Stephen Miller, Dr.

Chandra Oakes Garcia, and John Ishin to second terms expiring on February 28, 2030, and reappoint Brian DeProfio to a third term expiring on June 30, 2030.

One vacancy will remain.