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

I'd like to ask the clerk to call the role, please.

Councilman Bowman.

Present.

Vice Mayor Brown.

Here.

Councilwoman Campbell.

Present.

Councilwoman Fairby.

Present.

Councilwoman Harper.

Present.

Councilwoman Mugler.

Present.

And Mayor Gray.

Present.

Heavenly Father, I invite you to this moment.

I ask for your guidance as well as lift our hearts to you in prayer, knowing we need you more than ever before.

We pray our nation and its leaders during this difficult time for those who are seeking him, bring peace and justice to our dangerous and troubled world.

We pray for our first responders, our armed forces, and we thank them for their commitment to defend our freedom.

Bring our divided nation together and give us a greater vision of what you would have us to be.

Your words remind us, bless is a nation whose God is Lord.

And so, our father, we thank you for promise and hope of this new year, and we look forward to the expectation and faith.

Let us look back over the future and the past year and thank you for your goodness to us far beyond what we deserve.

But may they instead lead us in the presence of new commitment to our foundation center of our lives.

As I take my seat, I encourage my constituents, family, friends, and community to study God's word.

Live by it, stick together, and don't give up.

It's with this prayer we pray in God's name we say amen.

This evening I had one item on the mayor's comments.

He has been named as the Virginia Secretary of Education.

He brings more than 32 years of experience in public education to the role, along with a proven record of leadership in K-12 education, workforce development, and in community engagement.

Dr.

Smith served as superintendent of Hampton City Schools from 2015 to 2023, leading the division to its highest levels of academic achievement in decades.

During his tenure, the on-time graduation rate increased from 88% for the class of 2015 to 97.6% for the class of 2022, while the dropout rate decreased from 5.1% to 0.6% in 2022.

The division also expanded during its dual enrollment opportunities through a strengthened partnership with Virginia Peninsula Community College with students earning more than 25,000 college credits since 2015.

Under Dr.

Smith's leadership, Hampton City Schools transformed its four high schools through the through the academies of Hampton, expanding career pathways from 18 to 44 and moving from a school within a school academy model to one in which all high school students now participate in an academy that is aligned with the high-demand high-wage careers.

This work earned Hampton this the distinction of being the first and only four next generation learning community in the common with the Virginia, along with state and national recognition as models for innovative future-focused learning.

Since 2023, Dr.

Smith has served as Chief Executive Officer of the Virginia Air and Space Science Center in Hampton, where he has continued to advance the educational access, STEM engagement, and community partnerships.

Dr.

Smith's contributions to public education have been widely recognized.

He was named the 2020 Virginia Superintendent of the Year and was a finalist for the AASA, the second Superintendent's Association, the National Superintendent of the Year Award.

His additional honors include the Mary Peak Award for Excellence in Education Equity and the Peninsula Humanitarian Award.

Hampton City School Superintendent Dr.

Raymond Haynes praises appointment, stating that Dr.

Smith has been and continues to be a trusted mentor to me and to his leadership dedication to students and commitment to equity and excellence and have a lasting impact on Hampton City schools.

His depth of experience and student centered approach will serve the Commonwealth well as Virginia's Secretary of Education.

As Secretary of Education, Dr.

Smith will continue his lifelong commitment to ensuring academic excellence and opportunity for every child every day across the Commonwealth of Virginia.

So congratulations to Dr.

Smith.

We're very proud of his accomplishments.

Okay, I'd like to ask the clerk to uh read the protocol for the consent agenda.

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

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

Tonight your consent agenda amends the fiscal year 2026 council approved budget to accept and appropriate capital project and v dot funding regarding the redesign and reconstruction of River Street Park and from the Hazmat restrictive fund balance to the fire and rescue division's general operating budget to find materials and equipment needed that aren't covered by the operating budget or other grant funding.

It requests that V DOT add and delete certain streets to those classified as principal and minor arterial roads and collector roads and local streets, and also to program the curved delineation project into its six-year improvement plan and to authorize the transfer of funds and authorize the city manager to execute any necessary agreements, and it approves the minutes from two city council meetings.

Mr.

Mayor, uh move approval of tonight's consent agenda.

Second Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Faraby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Hi.

Mayor Gray.

I have a few proclamations to read this evening as well as some other exciting news regarding our Hampton Heroes Awards program this this year.

But first, uh I want to read a proclamation recognizing January 19, 2026 as Martin Luther King Jr.

Day in the City of Hampton.

Whereas Dr.

Martin Luther King Jr.

was born January 15, 1929 in Atlanta, Georgia.

And whereas he was a prominent civil and human rights leader, a Nobel winner for peace, and an agent of change who believed that every man should make the commitment to protect the privileges and rights of all individuals.

And whereas his leadership and activism played a key role in advancing the cause of racial equality and justice in the United States, and whereas 1960 in 1963, during his iconic I Have a Dream speech, Dr.

Martin Luther King Jr.

articulated his vision of a future where racial equality would prevail and individuals not be judged by the color of their skin but by the content of their character.

And whereas Dr.

Martin Luther King Jr.

was instrumental in the passage of a significant civil rights legislation, including the Civil Rights Act of 1964, which aimed to end racial segregation in public facilities and prohibited discrimination based on race, color, religion, sex, or national origin, and the voting rights act of 1965, which aimed to overcome barriers that prevented African Americans from exercising their right to vote.

And whereas Dr.

Martin Luther King Jr.

advocated for economic justice and equality and believed that eliminating poverty and addressing economic disparities were essential for achieving true equality.

And whereas Martin Luther King Jr.

Day is observed as an observed federal holiday in the United States that is observed on the third Monday in January to honor the civil rights leaders' contributions to social justice and equality.

And whereas we celebrate his significant achievements in promoting peace and equality for all people.

Now therefore, I, James A.

Gray Jr., mayor on behalf of the City Council of the City of Hampton, Virginia, do hereby recognize January 19, 2026 as Martin Luther King Jr.

Day in the City of Hampton in honor of his demonstrated ability to use nonviolent action to bring about the most far-reaching social change, the 20th and 21st centuries.

A witness whereof I have hereunto set my hand and cause a seal of the city of Hampton, Virginia to be affixed his 14th day of January, 2025.

Signed James A.

Gray Jr.

And on that same day, on uh January 19th, as we celebrate uh Dr.

King, we will also have our Hampton Heroes program in honor of Dr.

Martin Luther King Jr.

holiday.

So on Monday, January 19th at 1 p.m.

in the Grand Foyer of the Hampton Roads Convention Center in front of the staircase leading to the second level, we will recognize significant Hampton Trailblazers who acted in the spirit of Martin Luther King Jr.

Under the category of NACA and NASA, and NACA being the National Advisory Committee for Aeronautics, and the name that it carried before it was renamed in NASA, and then the National Aeronautics and Space Administration category, we will recognize Mr.

James Jim Williams Williams, a Tuskegee Airman and NASA engineer, Clayton P.

Turner, a NASA engineer, Robert Bob Lee, a NASA scientist, Burnett Peters Jr., a lieutenant colonel, national executive and civil civic leader, Dr.

Sam Masenberg, educator at NASA, Dennis Bushnell, NASA scientist and engineer and chief scientist at Langley, Mr.

Samuel Scott and NASA, one of the first black engineers at Langley.

And then under the category of modern era trailblazers in public service, we will recognize Judge Bonnie Jones, retired, first female and second black judge in the City of Hampton, and Dr.

Raymond Washington in the education category, the first black school superintendent.

And so please uh plan to come out and join us at the convention center at 1 o'clock on Monday, January 19th, and help us celebrate Dr.

Martin Luther King Day as well as to recognize some of these Hampton heroes whose names will be added to our plaques in front of the convention center.

All right, and so I also uh recently issued a proclamation recognizing January 9th, 2026 as National Law Enforcement Appreciation Day in the City of Hampton, Virginia.

And whereas a safe community is of the utmost importance for all well-being of our citizens, and whereas the City of Hampton is thankful for our law enforcement officers who's put their lives on the line to keep our communities safe, and whereas the law enforcement officers are essential to the overall functioning of a society and play a key role in maintaining public safety, enforcing laws, responding to emergencies, and fostering community trust through engagement and crime prevention efforts, and whereas their dedication to public service helps safeguard sustainable order and promote an environment that is harmonious, and whereas the National Law Enforcement Appreciation Day is an opportunity for us to show our support for our law enforcement officers and to thank them and their families for the sacrifice that they make in order to protect our neighborhoods, schools, workplaces, and roadways.

Now, therefore, I, James A.

Gray Jr., mayor on behalf of the City Council of the City of Hampton, Virginia, do hereby recognize January 9th, 2026 as law enforcement appreciation day in the City of Hampton, Virginia, and furthermore, call upon all residents of Hampton to join me in observing this day and recognizing our law enforcement office officers for their commitment to keeping our communities safe.

And witness whereof I've hereunto set my hand and cause a seal of the city of Hampton, Virginia to be affixed this 14th day of January, 2026.

James A.

Gray Jr.

Mayor.

And we did have an opportunity to uh uh uh have a photo session with some of our police officers on this day, and we appreciate them coming out to do that.

But this evening, I'd like to ask Chief Jimmy Wideman to come up front and so that I can present the proclamation to him and his office, and I'd like to ask my city council's members to join us for a photo.

And I have another proclamation, and this is the last one proclaiming January nineteenth through the twenty-fifth, twenty twenty six as community risk reduction week in the City of Hampton, Virginia.

And whereas every twenty-three seconds, a fire department in the United States responds to a fire somewhere in our nation, and whereas fires nationally were responsible for two thousand eight hundred and twenty-nine civilian deaths, and seventy-five percent of these fatalities in twenty twenty-four occurred in homes.

We're gonna get somebody to make a motion to vote the accretated night.

All right.

Okay, I'm gonna ask the clerk to read the 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.

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, and then red when the time is up.

All comments must be directed 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.

Several items on the agenda this evening on the public hearing.

So I'm going to ask the city manager to introduce the person.

Thank you, Mr.

Mayor.

The first item tonight is item 25-037 and ordinance to amend and reenact the zoning ordinance of the City of Hampton, Virginia by amending chapter 2 section 2.2 and titled definitions to amend the definition for smoke or vape shop.

Chapter 3, Section 3 2 entitled Table of Uses Permitted to add smoke or vape shop to the use table.

Chapter 3, Section 33 entitled Additional Standards on Uses to add Additional Standards for Smoke or Vape Shop.

And Chapter 11, Section 112, entitled Parking Spaces Required to Add Smoke or Vape Shop to the Parking Table.

And clearly, what this is about is us adopting codes to regulate the location of smoke and vape shops in our community.

The presentation tonight will be made by our zoning administrator, Melvin Folkham.

Good evening.

Welcome.

Good evening, thank you.

Good evening, Honorable Mayor, Vice Mayor, Members of Council.

My name is Melville Folgeum.

I am the zoning administrator for the City of Hampton Community Development Department.

Tonight I am presenting zoning ordinance amendment ZOA 25-0337, which proposes modifications to Chapter 2, 3, and 11 of the zoning ordinance related to smoke and vape shops.

Currently, smoke and vape shops are not defined as a standalone use within the zoning ordinance.

Instead, they are permitted under a broader retail sales general category, which encompasses a wide range of unrelated relay retail establishments.

Because smoke and vape shops fall within this broader category, the city has a limited ability to apply specific use standards or location controls.

It also provides the tools to limit limit clustering, prevent oversaturation, and ensure compatibility and surrounding residential, excuse me, ensure compatibility with surrounding residential, commercial, and mixed use areas.

The Virginia Code Section 15.2-912.4 expressly authorizes localities to regulate location, the location of tobacco and hemp product retail sales and allows for local governments to prohibit the use within a thousand feet of schools or child day care centers.

The proposed ordinance amendments are consistent with the state's enabling authority.

Second is to establish development and operational standards that address the ongoing concerns.

And third, to require a use permit for that particular use.

Staff reviewed regulations adopted by other Virginia localities, including Newport News, Norfolk, Richmond, Handover, and Henrico.

As shown here, approaches vary by locality.

Our research indicates that the jurisdictions that have adopted regulations for this use commonly require use permits and separation requirements from sensitive uses.

Additional comparisons were completed with Chesterfield, Petersburg, Chesapeake, and Harrisonburg, further demonstrating that many localities restrict these uses to specific zoning districts, applying a separation requirements and often requiring formal approval processes.

Based on this review, staff is proposing to amend chapters two and three to define smoke and vape shop and to restrict the use to the general commercial or C three districts, subject to additional standards and approval and approved use permit from City Council.

Chapter 11 would also amend the address amendment will be amended to address parking requirements.

On this slide, it presents the proposed definition of smoke and or vape shops.

The definition includes the sale of retail tobacco products, hemp products intended for smoking, and related devices and accessories.

Importantly, establishments holding a Virginia ABC license are excluded from this definition.

The proposed language also addresses the potential future legalization of retail marijuana sales.

If such sales become a legal, a legal use statewide, a smoke or vape shop would be required to obtain a specific use or amend a use permit before selling marijuana products and all other applical laws would still apply.

Chapter 3 would be amended to permit smoke or vape shops only within the general commercial or C3 districts.

And approval would be subject to an additional standards and the issuance of a approved use permit by the City of Hampton's City Council.

This slide illustrates how the proposed smoke or vape shops would be incorporated into the existing use table, showing its restrictions to the C3 zoning district and the requirements for a use permit.

This map identifies the areas of the city zone general commercial.

These areas typically are located along major corridors and are attended to accommodate more intensive commercial uses that may not be appropriate for neighborhood-oriented districts.

Chapter three would also establish additional standards, including minimum separation districts, distances from schools and daycare facilities, separations between smoke or vape shops, limited hours of operations, and other operational requirements.

The proposed standards include permitted hours from 9 a.m.

to 8 p.m., a minimum separation of a thousand feet from schools and daycare uses, and a half-mile separation from other smoke or vape shops.

During the review, during its review, planning commission amended staff's recommendation to increase the separation distance between smoke or vape shops to one mile.

Additional standards would prohibit drive-through services, restrict certain lighting, and require clear visibility into the establishments.

The exhibit shows how its standards would limit clustering while still allowing reasonable opportunities within the C3 district.

This side reflects the commission's planning commission's action on the proposed standard with the increased separation of one mile.

All of the proposed standards were recommended for approval.

Chapter 11 would be amended to add specific parking requirements for smoke or vape shops, aligning them with the existing standards for general retail sales uses to ensure consistency and clarity.

And in summary, the proposed amendment would define smoke and vape shops, permit them in the C3 district with additional standards and a use permit, and establish parking requirements assisting with other retail uses.

In conclusion, following the public hearing, staff recommends approval of zoning ordinance amendment ZOA 25-0337 as amended by the planning commission.

I'm available for any questions or comment the board may have.

Thank you.

Any questions for Miss Fulgen?

Okay, there are none.

Thank you.

Thank you, sir.

All right.

This is a public hearing, and uh so we will open this item requires a public hearing, so we will open the public hearing.

Uh we have one person signed up to speak.

Uh Mr.

Aaron Weaver.

Aaron Weaver, good evening, Mayor and Council.

I want to start clearly, I support the intent of ZOA uh 25-0337, protecting youth matters, smart zoning matters, getting the right matters, getting this right matters.

I also want to clarify the email that I sent recording the slides you see tonight.

These visuals are context to points that are already raised in this process, and they come from the planning commission meeting.

The first one, which we see right here, this first slide shows a one-mile buffer in real terms.

This is not abstract, it reshapes entire corridors.

This may that may be appropriate, but only if it's intentional and equitable.

So my first question is straightforward.

How does the buffer interact with existing commercial districts?

And how do we ensure that the same neighborhoods are not absorbing disappropriate impact?

Next one.

This second slide is the slide that uh puts worries me the most because the slide combines several critical issues.

The existing vape shops proposed buffers and how those buffers apply on the ground.

My next question is uh about these existing businesses.

What happens to that are shops that are already operating that become non-confirmed forming?

Are they grandfathered in?

For how long?

Under what conditions?

The clarity matters for fairness and legal certainty.

Now the map itself, at the planning commission meeting, the city employees stated that the map was not fully current, meaning that they did not know where every vape shop was.

Um, you can see a missing locations, you can see gaps, you can see an old school that's not there.

Also, that bloody red area at the bottom.

That's my zone.

That's that's my neighborhood.

So I asked plainly, will this map be corrected before final action, or will there be complete verified accounting of all existing vape shops citywide?

Policy built on incomplete data creates risk later.

Will all we've all seen that in this chambers.

Then the third one, this is the last slide.

The final slide um brings to me the clarification I reinforced in my email before.

During the public process, the statement was made that the dealing rule suggesting the dealer rule limits Hampton to a thousand feet for the schools.

Um that framing matters if it was presented as a legal ceiling, not a policy choice.

My concern is narrow.

Pier Virginia localities operating under the same legal framework have adapted larger buffers so that the distinction is important.

If a thousand feet is a policy decision, it should be described as such.

If it's a legal maximum, the non-privileged basis of that conclusion should be stated clearly for the public record.

Policy should not be conflated with legal limitation.

Transparency here is protects the city and much as informs the residents.

But we'll see what that is.

But I thank you all for the time.

Okay, there are no other speakers signed up under this public hearing for this item, so we'll close the public hearing.

And uh I need a motion and a second on this item.

Mr.

Mayor.

I move that city council approve item 25-0 through three seven smoke or vape shop ordinance as presented in the agenda package, including the planning commission version of section 3-3 additional standards on uses that requires a one-mile buffer between smoke or vape shops.

Second.

Is any any discussion?

Councilman Bowman.

Okay, and call for the vote.

Councilman Bowman.

Aye.

Vice Mayor Brown.

All right.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

I councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

Aye.

The motion passes.

Your next public hearing this evening is item number seven, twenty-six-zero zero zero eight.

It's a resolution to authorize the acquisition by negotiation or condemnation of a portion of land and fee simple for property located at two little oak lane, LRSN 8004974, pursuant to sections 25.1-100 ed sec and 15.2-1901 at sec of the Code of Virginia of 1950 is amended for purposes of a public street, road, and associated public right-of-way necessary for bike and pedestrian access, sidewalks slash paths.

Mr.

Mayor and Council members, as you know, but for the benefit of the public, the City of Hampton is proceeding with land acquisitions for the Little Back River Road Bike and Pedestrian Accommodation Project, Phase A, which will allow improvements to be made from approximately North King Street to Valerie Drive.

This project will construct sidewalks, shared use paths, and make associated improvements for pedestrian and bike access, including but not limited to crosswalks and ADA amenities.

In order to construct the improvements for this important project to best serve the citizens of the city, acquisition of a portion of that certain property commonly known as Two Little Oak Lane, Hampton, Virginia 23669 is previously identified with the property identification and LSRN numbers described by the clerk is required.

Based upon a title examination of the property, it is owned by the heirs at law, devisees or successors and title to Valerie J.

Hall, deceased and unknown owners, whether one or more.

The record owner of the property, Valerie J.

Hall died on or about June 7th, 2025, and the successors entitled to the property are currently unknown.

A partial fee take of the required portion of the property using the city's imminent domain authority is thus necessary.

The proposed partial fee take area comprises approximately 985 square feet plus or minus or roughly 0.023 acres plus or minus in accordance with the title plat that is accompanied to this agenda item.

It is therefore recommended pursuant to section state code section 25.1-100, etc.

That and 15.2-1901 and the applicable portions of section 33.2-1000 of the code of Virginia of 1950 as amended that the city exercise its imminent domain authority to commence condemnation proceedings upon identified upon the identified required portion of the property since the acquisition cannot be obtained through proper negotiation.

Any questions for the city management?

All right, this item uh requires a public hearing, so we will open the public hearing.

There's no one signed up to speak on this item, so we will close the public hearing and uh call for a motion.

Miss Mayor.

I move that city council approve item 26-008 resolution authorizing acquisition by negotiation or condemnation of a portion of the property located at two little oak lane as presented in the agenda package.

Second we have a motion and a second.

Is there any discussion?

There being none, I call for the vote.

Councilman Bowman.

Aye.

Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Fairby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Aye.

Mayor Gray.

Aye.

The motion passes.

Item number eight on your agendas 26-0006.

It's a resolution authorizing the execution of a lease agreement between the City of Hampton and Community Baseball LLC to use approximately 10.45 acres of real estate and premises located at city-owned property at 1889 West Pembroke Avenue, LRSN 1003153, and commonly known as War Memorial Stadium for use primarily for baseball-related activities of the Peninsula Pilots, as well as other athletic and non-athletic uses subject to city approval.

Community baseball has utilized the property uh described, commonly known as War Memorial Stadium, consisting of approximately 10.45 acres, primarily for baseball related activities of the peninsula pilots and other athletic and non-athletic uses subject to approval with lease agreements with the Peninsula Stadium Authority.

The most recent lease agreement was executed in 2019 and amended in 2024 with a one-year extension.

When the Peninsula Stadium Authority was dissolved in July 2025, the property was transferred to the city and the lease agreement was then assigned to the city.

That lease agreement expired in December 2025.

The city and community baseball have continued to operate under the terms and conditions of the expired agreement and desire to enter into a new lease agreement for the continued use of War Memorial Stadium.

While this lease agreement involves minimal rent, a dollar per year.

Community baseball as a tenant is solely responsible for all applicable taxes and fees, including but not limited to real property taxes, stormwater fees, and personal property taxes.

In addition, community baseball is required to maintain general liability insurance and is responsible for the day-to-day routine operation and maintenance of the property.

Accordingly, we recommend that you approve the lease agreement before you tonight for a term of five years, commencing upon the execution of the lease by myself after your approval.

In addition to the termination as a result of default, either party may terminate the lease agreement for any reason, giving at least 90 days written notice to the other party.

Any questions for the city manager?

Okay.

This item requires a public hearing, so we're gonna open the public hearing.

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

Mr.

Mayor, I move that city council approve item two six-000 six lease agreement with community baseball LLC as presented in the agenda package.

Um I do believe I was supposed to give uh councilwoman mugler an opportunity uh to speak before the motion.

My apologies, Councilwoman Mugler.

I received thank you, Mr.

Mayor.

Pursuant to section 2.2-3112A of the Virginia Conflict of Interest Act.

I will not participate in discussion or voting on item 26-0006 because my spouse is engaged as a paid consultant for community baseball LLC, which is a tenant under the proposed issue uh under the proposed lease for war memorial stadium, uh located at 1889 West Pembroke Avenue Hampton.

Okay, now I'll call for the motion from Councilwoman Mugler.

Um councilwoman hopper.

Thank you.

I move that city council approve item 26-0006 lease agreement with community baseball LLC as presented in the agenda package.

Second.

All right, we have a motion and a second.

Is there any discussion?

There being none, I'll call for the vote.

Councilman Bowman.

All right, Vice Mayor Brown.

Aye.

Councilwoman Campbell.

Aye.

Councilwoman Faraby.

Aye.

Councilwoman Harper.

Aye.

Councilwoman Muggler.

Abstain.

Mayor Gray.

Aye.

The motion passes.

All right.

Next we have uh public comment, and I'm asked the uh clerk to uh read a protocol for public comment.

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

Speakers 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 repl remaining, and then red when the time is up.

Please speak respectfully and avoid personal attacks.

Focus on topics within council's jurisdiction.

Do not use the platform for 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 a fair warning.

Thank you.

Okay.

And for those who signed up to speak, the timer is right here.

Uh when the yellow light comes on, you have one minute left on your three minutes.

And when the red light comes on, that's it.

That's your three end of your three minutes.

Uh if you wrote a five-minute speech uh for this evening, you still only have three minutes to say it.

And so the first speaker this evening is uh Mr.

Paul Harton.

Good afternoon.

My name is Paul Martin.

Um Sir, could you raise the mic a little bit so we can hear you a little better?

I'll go on the bus on the 14th of July.

Uh driver accused me of drinking on a bus.

Which I did not do.

Look at film.

Sure you drive on that, but I'll with bad handcuff and all that.

And a bad and dinner on the 24th, I mean 25th of December.

I thought you were standing there.

That's ridiculous.

I'm a veteran.

I done pay my time and do.

I'm just tired of it.

I want to be uh stop.

If not, so be it.

I I'm not about your kid.

I'm seven years old.

I did my I pay my time.

And this looks individual.

I'll try not to use the full, I'm trying to do the whole other word, but you've done to her.

That's it.

All I gotta say.

Thank you, Mr.

Harmon.

Um so your specific complaint is understood it was with uh HRG and you're being removed from the bus.

Yes.

Okay.

All right.

Well, just if you will just wait until the end of the meeting, uh city manager will have one of her staff members take your complaint and then share that with the I don't call them now blocked my number.

I'm trying to be joked about my H I T too.

Yes, sir.

Well, that's I mean, there's not a lot we can do about that this evening.

So we we're happy to share share your concern with HRT.

Def you tell me, sir.

Pardon me?

I'm wasting my time.

Okay, so you still have time left.

I got what I say.

I'm done.

Okay.

You were here for me again.

All right.

Next speaker is Joan Weaver.

Good afternoon to our mayor, vice mayor, city council, city attorney, city manager, and last but not least my favorite, Miss Glass.

I am here for a situation that causes me grave concern.

Let me sum it up as the retribution of Karen Joan Weaver by the city of Hampton, Virginia.

Everyone knows that I am eloquent, commanding, and intimidating to those who try to dominate the voiceless, especially our community.

We were desecrated, we were robbed, that factory was put there, and we were given false promises.

We stand here now.

Where's the money?

What about the property?

And there are many needs that we have that still need to be addressed.

We brought concerns about construction and help with our housing to add to that too.

January, City Council.

There are a myriad of things that city council can do.

I am asking, don't just sit, don't not come to our community other than you want our vote.

Get out in with in our area and see the injustices that are being done, especially by city departments that don't provide effective service delivery.

I am 68.

I have lived here all my life, undergrad, master educated, elementary, secondary, post-secondary.

I've done it all.

And the city of Hampton, nor the community development will desecrate my character or reputation.

I received a criminal summons from them regarding quote unquote FASIA and a gutter and offense.

I came to them.

I've asked them for help time and time again.

They give impartial information.

They are rude, crude, and abuse things.

And I am here to say you will not damage my character or reputation.

Hampton is my city.

And I will not let the city of Hampton destroy it, nor will you abuse or misuse our community.

You gave us promises, you come back and fulfill them.

But no, I am not a criminal as you were trying to put me under a frivolous lawsuit.

I look forward to my day in court, but let the record know what the city of Hampton did to this advocate who stood up to her community, and now I see retribution, Hampton City style.

Thank you.

I'm a resident of Hampton.

And I wanted to thank Brian Deprofielo, the uh deputy city attorney, and Kimberly Michael, the interim community development director, for meeting with me on Monday in reference to Barnes Cemetery.

And there I gave them a copy of the embalming surgeons book, which uh pertains to embalming from the civil war up until like 1910.

I also gave them a copy of the historic uh archaeological investigation that uh Sintera did on Barnes Cemetery at uh Sintera Hospital that's the same age as Barnes Cemetery.

I also have pictures here that I didn't give them.

Um I also went over the fact that cemeteries are not regulated by real estate law, which is what I keep getting my head bumped up against when I talk to uh officials in within the city of Hampton is real estate and this is that, but uh cemeteries are regulated under cemetery law and I gave them a copy of the legal definition of a former cemetery and an inactive cemetery.

A former cemetery is bear and a burial ground is where every grave has been legally removed under court authority.

Human remains have been relocated to a new cemetery, the cemetery has been formally decommissioned, the land is no longer governed by cemetery protection laws.

Uh unless all of these actions are documented, a site cannot be considered a former cemetery.

What is an inactive cemetery?

An inactive cemetery still contains human remains, no longer accepts new burials, remains a cemetery under Virginia cemetery law, requires strict protection and archaeological review before any disturbance.

I also gave them a um Mr.

DeProfilo said if I had other information I can present it.

I do have a copy of this for everybody also.

This was written by a lawyer, and he happens to also be a current mayor about um the cemeteries in which it's it spells out that you cannot uh build on top of cemeteries.

Um the city attorney's office should have a copy of this.

This is the um depositions from the court uh hearing uh of Virginia Barnes in 1975, and it talks about the cemetery and about the people, how many bodies were there, the appraisal uh person that did the appraisal talked about.

Whoops.

Any items you have you want to leave for us, you can hand them to the sheriff and he'll get those to the clerk.

Thank you.

Thank you.

Okay, next speaker is Craig Knott.

Good afternoon.

How are you guys doing today?

Um, appreciate your time.

Uh Mayor Gray, Vice Mayor Brown, City Council, appreciate you guys for having me.

Uh, my name is Craig Knopp.

Um, if you guys don't know, today the legislative session for uh 2026 started.

Um, and we've seen a lot of bills fly through today uh since the Democrats have a majority in both the delegate of the House of Delegates, the Senate, and um at our four major uh positions of the state.

Um I was watching some of the stuff flying through today, and there's a few concerns I have.

Um bills.

So some of those what I've seen is that some of the bills, gun bills are gonna restrict uh disabled Virginians and women in the future here, and that's a concern I have.

So one of the things I'd like to do is sit down with Hampton City Council, have some discussions, and maybe talk to our delegates and our senator about some of these bills and some of these ways that we could possibly uh propose optional things that we can change in there.

Uh one of the other things I am uh concerned about is the constitutional amendment for redistricting.

Now, what I'm worried about is that every four years we can see a change in district and redistricting, being that Republicans get a control of everything, Democrats can control of everything.

Keep going flip-flop.

Um we had this back in 2020.

We have uh I think it was six Democrats and five uh Republicans, and it pretty much fits the 6040 bill that we have here with 60 percent uh Democrats and 40 percent Republicans, and I'd like to see it stay that way.

I don't really like that, but uh that's another one too.

I'd like to sit down and see what we can try to do to maybe amend that.

Um, another bill that's out there that I'm concerned about is one of the first things that we talked about tonight about the legalization of uh shops that could sell marijuana.

Now, it's awesome.

I love that.

It's another opportunity for us to bring in tax revenue.

But one of the things I'm concerned about is how they have prioritized who can actually open and own this business.

That should be a priority.

And the reason I say that is it kind of puts some people to the back of the line.

Now, they have an explanation of why.

I don't agree with it, but that's me.

But I think that's one of the areas that city council, if anything else, should really sit down and talk about.

We should not be prioritizing people.

It should be an equal opportunity for anybody to get in there and have ownership of one of these shops.

Um the other things too is that this is election year for city council, school board members, and what I'd like to do is if I get anybody that's uh running right now.

If you guys want to come out and meet constituents on Saturday the 24th at 09 uh 9 a.m.

in the morning, we'll be having our uh adopt spot for Peninsula Project.

I'd love for you guys to come out and meet some of your constituents.

Also, one of the items for the city council on the website.

Um, Miss Um Farabee's date, expiration date.

Currently says 2022.

Thank you.

It should be 2026.

All right, next speaker is Darren Williams.

Uh good evening, uh mayor and distinguished counsel.

Uh my name is Darren Williams.

I'm here, me and myself, Mr.

Miller.

We came here before now.

We're talking about the Bradfield tennis courts.

Um first I want to say I'm a lifelong resident of Hampton.

Um public school teacher, uh teacher Phoebe's high school right now.

And sometimes me and Mr.

Miller, we invite us uh tennis, play the kids, we coach to come out there and play.

This is the problem.

Oh, and also we want to thank you all.

First, I want to start thank you for repaving the courts.

Y'all repave the courts, they're beautiful and all that good stuff.

Um, me and Mr.

Miller, we both um maintain the courts.

We don't have to blow the leaves anymore, but we were blowing the leaves, fixing the gates, we fixed the nets when they're broken.

Um, so we, you know, because we played here, we've we take them as our courts as well.

But um, we still haven't a problem with the lights.

The lights are not really fixed.

Um, Mr.

Miller did do something with the wires, so they come on, but when they cut off, they don't they usually warn us when they're about to come out, cut off.

They used to, but they don't do that anymore.

So when they cut off, they don't really come back on.

So we still have a problem with the lights.

Another issue we have is with people coming out there to skate.

Um we're gonna have the same problem with the courts.

They're putting divots in the court, they're scuffing up the court.

Um we've had we have addressed that uh we are talking, we'll say, you know, you're not supposed to skate out here.

Then they also come out and play loud music with a lot of profanity.

We've asked them in the past to turn the music down and they call us everything but uh child of God.

They call us everything cussed out and physically threatened us and everything.

I've called the police.

The police never showed up, and they called me like two days later, and uh and they left a message and I called them back and I got no answer.

But the point is we're being threatened by and and this it's an issue too because since COVID, everything was shut down, but people were still coming to it to the tennis courts.

So we have people coming from all over the peninsula, coming from across the water from Williamsburg to play tennis.

Um we have a lot of people we didn't see previously because we Mr.

Miller's been playing tennis there for at least 30 years.

I've been playing for um at least 15 years at uh Brownfield tennis courts, and they bring their children and be playing a loud profanity.

Um, and when you ask them to turn it down, we get met with hostility, get um call every name in the book.

But like I said, of a child of God, this is the issue, and we don't want to be back at the same point where y'all have to repay the court again because they're putting divots scuffing the court up.

So we we would like to know what could be done.

The park ranger could come out pre periodically and you know, tell people they're not supposed to be skating on the courts.

Um we've uh we've done we we don't want to keep addressing and getting a hostile reaction.

I don't want to address these people and they want to threaten us, and a lot of a lot of times it's teenagers.

Um sometimes the older people when we say you're not supposed to skate here there, they'll leave.

Oh, I didn't know because the sound is right there on the gate and they ignore it.

Um, but the teenagers, they they're gonna do whatever they want to do.

Like I said, the loud profanity.

I was just out there last week, it was a warm, warm, and they um I couldn't even think.

We we got the point, Mr.

Williams and City Manager addressed that uh when we were done with the public comment period.

Okay, thank you.

All right, next speaker is Mr.

Travis Adams.

Good evening, Mayor, Council, staff.

Uh got a lecture since last time here.

That's pretty nice.

I don't feel so naked standing up here.

Uh back for my annual biannual uh uh discussion uh presentation for uh property tax reform.

So this uh this session in that the House of Delegates, there is uh HB10, which modifies an existing state um statute, which allows a few localities in Virginia to set the property tax rate separately from land and improvements, and that's what I've been pitching to this council various times over the past five years or so.

Um so I'm pretty excited about that.

HB10.

Um I'm I'm recommending that you all reach out to our uh local delegates and um members of the Senate and uh support HP 10.

So really HP 10 is a tool for you guys.

It's it doesn't dictate that we set property taxes anyway, it doesn't mandate that they're different, it doesn't mandate that land is higher or that improvements are higher.

It's just a tool.

I know that property tax has been something that's you know it's on every homeowner's mind, it's on every resident's mind.

Uh it impacts all of us, and you guys have you know, since I've lived here in 21, you guys have consistently lowered the rate, which is you know great for individual homeowners, but we have to raise revenue, we have to fund schools, we have to fund infrastructure, and I know that's you know can be a challenge.

Uh so this this HP 10 will give you an additional tool to make sure that you can target property tax in a way that's you know equitable.

The the issue with lowering the property tax rate is it's great for me, sure.

I get a I get a property tax cut, but it also means that our vacant land is getting a property tax cut, right?

Our our unused land, they're getting a property tax cut.

But that's the opposite of what we want, right?

We we want to encourage the use of land.

We want to encourage the efficient efficient use of land.

We want to encourage uh development of homes, businesses, and when you lower property taxes, the uh the people who are benefiting the most are land speculators, people who are leaving their properties vacant, blighted.

Uh what the abil this HP 10 will give you the ability to do is modify your rates on land and improvements at different levels to achieve different objectives, which could uh put the burden of our property tax on the those landowners who are leaving land uh idle, vacant, and reduce the the burden on you know homeowners and uh those who are being productive in the community.

Uh so I hope you support HP 10.

Hope you reach out to uh Mr.

Thornton and our senator.

Thank you.

Okay, thank you, Mr.

Adams.

Uh, next speaker is Dennis Green.

Good evening.

In October, I presented a proposal for a partnership with the Big Buffer Blue Way, and I have an update on the last page here.

I actually have the area surveys.

So I think that will help delineate you know my property from the city's property.

So I just want to keep that door open and just let you know that I'm looking forward to hearing from the city to move forward with some ideas.

That's all I have.

Thank you.

All right, did you have something you need to leave for city mail?

You already have it.

Okay.

All right, thank you.

All right, next speaker is Chris Bowman.

Good evening.

I'm Chris Bowman, Mayor, Council members, city manager, city attorney, city clerk.

The fireplace shop building, which is located next to the senior center, is for sale.

I'm recommending that council purchase that building in an effort to expand senior services and also gain much valued parking.

As most of you know, the senior center is undergone a recent renovation.

The flooring, the ceilings, the lighting, the painting, the cabinetry, the asphalt, and the striping out front are all excellent.

And um this has been a long time coming, but uh I want to commend city council and the staff for bringing this to provision.

Thank you.

Okay, thank you, Chris.

Uh next speaker is Tanawa Downey.

Good evening, Council.

Council.

My name is Tanwoodowning, and I'm a civil rights advocate and litigator out of Washington, D.C.

Provide a public notice to all of you.

This is in accordance with the USCS rules of civil procedure as well as Rule 17 and Rule 20 of the United States Supreme Court.

Ladies and gentlemen, there's nothing more destructive to our union than paying people to abridge the constitutional obligations.

Constitution United States America's the overarching requirement that every state must follow.

I think that we all can agree with that.

States cannot enact their own alternative legislation, substitute that for the guarantees of the Constitution and go out and enforce that as though that's constitutional.

Clause one of Amendment 5 to the United States Constitution says no person shall be held to answer for a capital or otherwise infamous crime unless on presentment or indictment of grand jury.

However the state of Virginia has enacted its own alternative legislation that permits prosecuting attorneys, law enforcement to charge by information and not by indictment that is unconstitutional.

Now an emolument violations when you pay someone to violate the law you can't do that.

Certainly not when you receive federal funding.

If you receive federal funding you cannot pay someone to abridge federal law.

There's two areas constitution that reinforces this the first is Article 1 section 10 that's where it says that no state shall create any law that shall uh impair the obligation of contracts.

So police officers, prosecutors, law enforcement they're all under contract.

It's a contract to perform based upon the oath or affirmation that they took to support and defend the Constitution of the United States America.

So when the State of Virginia creates a law that directs them to disobey the Constitution of the United States and obviously that would be a violation of Article 1 section 10.

Which shall abridge the privileges and immunities of United States citizens the privileges and immunities of United States citizens are at a minimum those enumerated within the Bill of Rights first 10 amendments they cannot be impaired.

This was affirmed by the United States Supreme Court 2019 unanimous decision Times vs Indiana and as a result state of Virginia is an Act law and is directing their agents whom unfortunately you all pay to violate the Constitution of the United States.

As a result there is currently an inordinate amount of people currently in prison here in the state of uh Virginia illegally and unconstitutionally so I'm preparing to litigate this United States pre on behalf of more than 7000 people who are currently in prison here in America illegally and constitutionally we're here today to let you guys know that if you continue to pay these public officials to abridge their constitutional obligations that criminal sanctions can come from that.

That's not the direction we want to go we want to work together to fix this problem but I must make sure that you're aware that paying people to by lead constitution is a crime.

So I'm asking you honorable individuals here please let's take a look at clause one amendment by let's confirm what I'm saying to be true and then direct those agents to act in lawful constitutional manner that is consistent with the obligations they have codified in the Constitution for the United States of America I have a notice that I need to put on the record I would recommend that you guys review this.

Fatal uh failure to review it does not mitigate your culpability when this particular issue once made aware and provided notice of this I want to leave you with with this though the I know that you're gonna go to the attorney as soon as we're done you're gonna ask that attorney whether or not what I'm saying is true and that attorney's going to point you to a case from 1884 called Hertado versus California.

And before you choose to rely upon that as foundation I must remind you that the Constitution of United States of America is a foundation not a judge made ruling Supreme Court of the United States has no constituted authority to alter mend and destroy any of the provisions or guarantees the Constitution because that must be done by an authentic and explicit acts of the people in accordance with the special amending procedure of Article 5.

Furthermore judges cannot legislate we know that's clause one article one says all legislative power is vested in Congress of the United States so I pray that you guys make the right decision here.

Who should I give this to sir?

Give it to the sheriff Mr.

Scott bless you guys thank you so much and that is the last speaker so we're gonna close public comment period Mr Mayor would you like me to address those items yes um I just want to note for the record you you you did address Mr.

Hardin about trying to get the information to give to HRT for the benefit of the public watching the city does not run Hampton Roads transit and I think the mayor was trying to get the information so that we could get with Hampton Roads transit and try to understand what happened and see if we could resolve the situation.

That's what we do when citizens bring concerns to us obviously we're the closest to the public they want to come to us we understand that but we don't oversee the operations of HRT.

I did ask the assistants to try to catch them outside and he they were not able to get his information.

So um I will see if we can you know research it with what we do have presented tonight and update counsel if we're able to do so but we did make every effort to try to get his information.

But I do want to uh give her and the public an update about the other things relative to what we promised the neighborhood because she did make reference to that and I want to assure her we have not forgotten those things.

You may recollect I don't know if you do because it was some time ago the city put up 250 thousand dollars that was not part of the 1.5 we set aside for the neighborhood but to get updated infrastructure assessment so that we with the neighborhood can make the best decisions collectively on how to use that 1.5 million dollars that was set aside for the neighborhood you could have updated accurate assessment of infrastructure information.

You could have updated accurate assessment of infrastructure information.

I am told by Jason Mitchell that they rec that they believe that they'll be getting the consultants' report back on all of that on January 26th.

As soon as we do get it back, we will have a meeting with the neighborhood to share the results of that study and to proceed in and talking with them about how they would like to see the 1.5 million dollars spent.

Um we also still do have the 10 acres available to plan with the neighborhood.

Um again, we were waiting for that assessment condition study that was looking not just at the infrastructure, but at whether or not there were any environmental conditions with the 10 acres we needed to be sensitive to as we look at designing um a park and trail system that I think the neighborhood was most interested in, particularly an accessible playground area.

I remember being one of the high priorities.

So I really just wanted to let you know, Miss Weaver, we're we're not gonna walk away from that commitment.

We just had to wait for the consultant report so that we can best inform you all and you then can inform us how you would like to see us proceed.

Um I want to thank Miss Roundy for her continued advocacy and sharing information.

Uh she she devotes a lot of time to some material issues, as all of you know.

And regrettably I was not able to to meet with her myself this week because of a medical appointment, but I'm glad that you had a productive meeting with Mr.

DeProfio who f who filled me in and will be following up with you and the information you left with us tonight.

Um, in terms of uh Mr.

Knopp and Mr.

Adams, um, I generally, as a practice, the city manager don't comment on legislation before the General Assembly unless it's specifically in our adopted legislative package, but I'm I'm sure the council members have taken note of what you have shared.

Um I I will say uh with Mr.

Adams, um our current um authority, not not prejudging how any bill before the General Assembly will go will allow us to set a different tax rate for blighted property.

I know this isn't what you were specifically talking about with vacant property, but I suspect given what you've said you would agree that blighted property is also a concern.

And last year in our budget hearing process, our IBI value conversations with the public.

We asked the public would they be willing to support a higher tax rate for blighted property, and there was overwhelming support for that.

And council directed that in this year's budget process, I include a particular proposal around that, and I intend to do that uh when my recommended budget comes out April 15th this year.

Um of course, if the General Assembly takes other action, we can look at what they they do.

My understanding broadly though is is that um it wouldn't allow us to address vacant land separately, but but I'll leave it at that because again, I haven't seen the bill and I generally don't talk about whether we should or shouldn't support things that aren't already in the council's legislative priority package.

Um I didn't mean to skip over Barfield Tennis Court.

Thank you, Mr.

Williams, for all you and your peers continue to do being such good stewards and users of Barfield Park.

I do happen to know, and I want to thank Councilwoman um Harper, because she was already on this issue of the lighting, and she shared with me our parks and rec director's response to her earlier this week that they've had ongoing issues with the lighting.

They're not intentionally cutting off, but the the lighting wiring is been challenging.

So they actually have a contractor who's responsible for the lighting scheduled to be out next Tuesday, January 20th, to fix that.

And hopefully that will resolve it once and for all.

I we we can't go back and forth here, but I'll be glad to talk with you after the meeting, or you could see Mr.

Mitchell, he's right behind you, he'll wave his hand.

He oversees parks and recreation and our capital projects, so he'll be glad to talk with you, or I can talk with you afterwards.

Um, in terms of some of the other things that you mentioned, I do think a park ranger um presence um to deal with the the loud music and the scuffing up of the courts is very, very appropriate.

And I've already texted Mr.

Mitchell and asked him to get with our parks and rec director, Mr.

Crendedon, and um get with you all to find out the times where that's occurring, because we can't keep a park ranger out there full time.

But if we know the times of day um that that's tending to happen, we can make sure a park ranger comes out to enforce that.

Um and then um I I appreciate the suggestion about the senior center and the recognition for the improvements that we're making, and I will leave um the last speaker's comments to our city attorney.

Thank you, Mr.

Mayor.

City attorney.

Um if Mr.

Downing had a whatever the paper is that he left, and I'll be happy to review it.

I I found it a little hard to to follow exactly the legal theories that he was talking about, but I'm happy to review and then of course, if there's something that I need to advise counsel about, I will do so.

Okay, so are there any other reports from the city managers, city council, staff, or committees?

On any items of new business.

All right, there being none, and we are adjourned.