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12-12-2019 Special MeetingSPECIAL MEETING OF THE ISLE OF WIGHT COUNTY BOARD OF SUPERVISORS HELD AT THE WINDSOR TOWN CENTER LOCATED AT 23361 COURTHOUSE HIGHWAY IN WINDSOR, VIRGINIA, THE TWELFTH DAY OF DECEMBER IN THE YEAR TWO THOUSAND AND NINETEEN PRESENT: William M. McCarty, Newport District, Chairman Joel C. Acree, Windsor District, Vice -Chairman Don G. Rosie, II, Carrsville District (via telephone) Richard L. Grice, Smithfield District Rudolph Jefferson, Hardy District ALSO IN ATTENDANCE: Robert W. Jones, Jr., County Attorney Randy R. Keaton, County Administrator Donald T. Robertson, Assistant County Administrator Carey M. Storm, Clerk CALL TO ORDER Chairman McCarty called the special Board of Supervisors' meeting to order at 7:30 p.m. for the purpose of considering a request for a resolution to designate Isle of Wight County a Second Amendment Sanctuary. County Attorney Jones advised that Supervisor Rosie was present electronically, and that under State Code and the Board's By-laws, a Board member can participate remotely in a meeting if a quorum is assembled; if the member has requested and notified the Chairman that he/she wishes to appear remotely/electronically; and, the remote Board member advises his location and nature of the personal matter that keeps him from being present at a meeting. Supervisor Rosie advised that he is on a business trip in Alabama and Florida. Supervisor Jefferson moved to authorize the remote participation of Supervisor Rosie. The motion was adopted by a vote of (4-0) with Supervisors Acree, Grice, Jefferson and McCarty voting in favor of the motion; no Supervisors voting against the motion; and, Supervisor Rosie absent for the vote. Chairman McCarty called for citizens to speak regarding the Second Amendment resolution under consideration by the Board this evening. Ed Easter of Hideaway Lane recited the definition of sanctuary as defined in Webster's Dictionary. He further recited the Second and Third Amendments of the Constitution of the United States of America noting that those two Amendments are for the purpose of calling people in the time of need to bear arms. He stated that the Second Amendment is out of phase with the world known today as we have law enforcement departments, State Police, the National 1 Guard and a powerful Army and if those cannot be depended upon, then something needs to be done differently. He stated a sanctuary is useless unless there is a way to rule that sanctuary and that the Second Amendment was created for a purpose. Tim Anderson, an attorney from Virginia Beach, addressed the Board on the reason why it should make a statement to Richmond. He stated there is a false narrative that there is a gun crisis. He asked that when your home is broken into, would you rather respond with a firearm that has 10 bullets in it or the same firearm that has 17 bullets? He asked if the Virginia Beach employees had been more protected by a law that prohibited weapons at the Municipal Center on May 31, 2019? He asked would the County rather spend funds criminalizing many of these in attendance tonight or would it rather see real criminals being arrested? He stated don't be fooled by an allegiance to party and stand country over party as a sanctuary county is a political statement. He concluded his comments stating that the gun laws on the books today are reasonable. Delegate Emily Brewer requested the Board to stand behind County residents and make the County a Second Amendment sanctuary. She stated the law-abiding citizens in the room tonight believe that values are to be cherished and the bills being proposed in the General Assembly would make many of those in attendance tonight felons. She stated traditions such as hunting would be wiped out. Ric Sutton stated the Board is concerned with the legality of the County being a Second Amendment sanctuary and that sanctuary cities have already been taken to court for harboring the illegal. He stated the government cannot withhold funds and there are currently 84 sanctuary counties in Virginia. He stated those in attendance tonight are law abiding citizens and that in July, they will become felons. Volpi Boykin of the Carrsville District asked the Board to take evasive action now. He stated show him evidence why the mentally ill and criminals who don't obey current laws now will obey the new laws. He stated everyone believes in reasonable gun legislation and he asked the Board to adopt a Second Amendment resolution. Pete Chapman of 8111 Fire Tower Road in Zuni remarked that this country was built with blood, sweat, tears, hard work and determination. He stated the Constitution of the United States of America has provided freedom through expression. He stated no problem will ever be solved by stripping honest Americans of what they deserve and what their ancestors fought for them to have. He stated we should be able to pass traditions such as hunting down to our families. Peter Helms of 906 Kimberly Drive in Southampton County, a retired veteran of the Department of Corrections at the Southampton Correctional facility, stated that criminals do not respect laws, judges, courts or police and the new proposed guns laws will do nothing to stop criminals, but it will take guns out of the hands 2 of law-abiding people. He requested the County to join Southampton County as a Second Amendment sanctuary. Richard Thompson from the Carrsville District appeared in support of the Board adopting a resolution making the County a Second Amendment sanctuary. He stated we need to stand up and tell Richmond that we will not stand for the government restricting the peoples' rights to defend themselves. Rob Solnanski of Smithfield paraphrased the words of Thomas Jefferson. He stated the will of the people is not being represented and people not happy with the government may wish to alter or abolish it. John Abernathy of Virginia Beach stated this is about protecting our rights under the Constitution to bear arms and it tells Richmond that they are our first line of politicians and we don't need you if you won't back us. Elizabeth Carr of Carrsville who works with the Department of Corrections stated that the same weapons they want to take from us are the same weapons we carry every day to protect everybody in this room. She stated if our weapons�are taken from us, we are defenseless against criminals. She stated that if the Governor withholds funds from counties, we should stand up to him and let him know that we will fight for our rights. Glen Little of 8100 Fire Tower Road stated that we need to send a message to Richmond that we are not going to give up our Second Amendment rights. He stated it is the Board's fundamental duty that it adopt a resolution so we don't go down that road. Reverend Milton Marks of Smithfield stated that he served in the United States Army so that all Americans can live in a law-abiding nation. He stated that he did not serve for people to own weapons that put others in danger, for people with mental health problems or for people who hate and threaten others to own weapons that do not belong in our society. He stated he is against living in a county with no gun laws. He stated he is not against guns, but he is against assault and combat weapons being in our society. Bill Cary of Smithfield stated he owns guns not for hunting, but for protection and is in favor of the County becoming a Second Amendment sanctuary. He stated he is not willing to bargain away the rights of his family just for the sake of political expediency. He urged the Board to reject the Governor and democratic party's disregard of freedom and the Second Amendment. Dave Mawell of Hardison Lane in the Windsor District requested the Board to support our Second Amendment right. Ken Wares of the Smithfield District asked the Board to adopt a resolution in support of the County becoming a Second Amendment sanctuary. Wesley Gross of Suffolk stated that he spoke with his City Council who told him to go to Richmond. He requested the Board to adopt a resolution that will not use 3 local resources in defending the Second Amendment rights. He stated that Richmond declares allegiance to their parties, not their constituents. The Board took a recess. Tom Malstaleo of Mills Point Drive in the Windsor District stated it is our right to own guns for our own protection. He stated one danger of the proposed bill is it opens the door to further abuses and restrictions on our rights. He requested the Board to adopt a resolution. Buddy Faison of the Newport District requested the Board to adopt a resolution and send a strong message to Richmond. He stated January 20th is lobby day in Richmond, and he asked that all present go to Richmond to show that we stand behind our Second Amendment. Sam Cratch of 115 Arabian Trail in the Windsor District stated if any of our rights are given up, we will be at the mercy of our enemies. He stated taking rights from law abiding citizens will not fix the crime problem because criminals will still have guns. He stated gun control will not stop crime. Debra Cratch of 115 Arabian Trail in the Windsor District stated we all must take a stand for our Constitution or lose our rights. She stated we need to protect ourselves against our government and we must stand up for what is right as we are the people She stated if the Board could not make the County a Second Amendment sanctuary, please make us a constitutional county where we stand for all our God given rights. Margaret DeTarlevalley of the Hardy District stated she loves that the Sheriff's Office is willing to enforce gun laws and she is opposed to the County being designated a sanctuary where gun laws are not enforced as enacted by the General Assembly. She stated whether a law is constitutional is up to the Supreme Court of the United States. Rick Sutton of Great Bridge stated the legislators who are pushing this are violating their oath of office and committing treason against the Commonwealth of Virginia. The laws, as proposed, violate the Virginia Constitution and the United States Constitution. He asked the Board to go to Richmond and give them a strong message that we will not stand idly by while our rights are taken or trampled upon. He stated the people have a duty and a right to abolish that government when it no longer serves the people. Josh LaFrance of the Newport District stated our founding fathers realized that armed citizenry was critical and the right to bear arms is enshrined in the United States Constitution and the Virginia Constitution. He stated we cannot tolerate any further infringements on our rights. S Roger Snodgrass of 115 Robin Lane in Carrollton read the Preamble of the Constitution of the United States of America which were ordained and established by the people. He stated the second amendment delineates so that our government understands that we have the right to own and bear arms and that right shall not be infringed upon. He stated the flag represents the United States of America, but the constitution is what binds our country together and makes us Americans. He asked the Board to send a strong message to Richmond that this County is going to resist destroying the United States of America by trampling on our rights. Herb DeGroft of the Hardy District stated those present tonight are here because they are concerned with an infringement on their rights. He urged the Board to support the Second Amendment and send that message to Richmond. Rachel Millinberg of Windsor stated that mass shootings are why the Second Amendment rights are at risk and the proposed new laws that make certain firearms considered weapons of war and, therefore, illegal, are unconstitutional. She stated we have the right to bear arms and law-abiding citizens should be entitled to arm themselves. Joseph Lawdenback of the Smithfield District stated that the Sheriff's Department is understaffed and underpaid and citizens need the ability to defend themselves. Stephen Turner of Suffolk urged the Board to fulfill its obligation to the citizens it serves and make the County a Second Amendment sanctuary. There being no one further that wished to address the Board, Chairman McCarty advised that the Board has consulted with County Attorney Jones and other attorneys knowledgeable with the Second Amendment and developed the following resolution which was read by County Attorney Jones into the record of the meeting: RESOLUTION WHEREAS, all members of the Isle of Wight County Board of Supervisors have taken an oath to defend the Constitution of the United States, including the Second Amendment of the United States Constitution which reads "A well - regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed"; and WHEREAS, the United States Supreme Court affirmed an individual's right to possess firearms, unconnected with service in a militia for lawful purposes such as self-defense within the home and affirmed that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states and opined that firearms that are part of ordinary military equipment or with use that could contribute to the common defense are protected by the Second Amendment; and 5 WHEREAS, Article I, Section 13, of the Constitution of Virginia reads "That a well - regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed"; and WHEREAS, Article I, Section 1, of the Constitution of Virginia reads "That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety;" and WHEREAS, Article I, Section 2, of the Constitution of Virginia reads "That all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them;" and WHEREAS, the Board has no legislative, regulatory or enforcement authority related to "the purchase, possession, transfer, ownership, carrying, storage or transporting firearms, ammunition or components or combination thereof," as provided by Section 15.2-915 of the Code of Virginia, 1950, as amended, and has no authority over the independent execution of the duties of the constitutional officers involved in law enforcement; and WHEREAS, the right of the people to keep and bear arms for defense of life, liberty, and property is regarded as an inalienable right by the people of Isle of Wight County, Virginia; and WHEREAS, the people of all Virginia counties derive benefit from all safe forms of firearms recreation, hunting, and shooting using all types of firearms allowable under the United States Constitution; and WHEREAS, the Isle of Wight County Board of Supervisors expresses the intent to stand as a Constitutional County for the Second Amendment rights of the law- abiding citizens of Isle of Wight County, Virginia, and is voicing its opposition to any unconstitutional infringement of those rights. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors this the 12th day of December, 2019, that it hereby declares Isle of Wight County, Virginia, as a "Constitutional County." BE IT FURTHER RESOLVED that the Board of Supervisors fully affirms its support of the rights ensured and protected by the Constitutions of the United States and Virginia, and hereby expresses its intent to uphold the Second Amendment rights of the Citizens of Isle of Wight County, Virginia. BE IT STILL FURTHER RESOLVED that the Board of Supervisors does hereby oppose the enactment of any legislation that would unconstitutionally infringe upon the right of law- abiding citizens to keep and bear arms and urges our elected officials to support said rights. on Chairman McCarty called for comments from the Board. Supervisor Rosie remarked that there are 77 jurisdictions in the Commonwealth of Virginia united in opposing future House or Senate bills that seek to undermine the United States Constitution. He stated he stands with any others who oppose Virginia State law that do not support the United States Constitution. He stated tonight is about putting unreasonable burdens on legal citizens and that focus needs to be on the real problem ... the criminal. He suggested that instead of looking for ways to take away the rights of law-abiding citizens, the State should exercise reason with practical answers to current issues and abide by the Constitution which supersedes State law. He stated the playing of political games needs to cease and all unified as one nation under God. He stated we need to stand together as one County that supports the Second Amendment and instead of fighting, learn to collaborate how to provide adequate State funding for additional school and public safety and, provide preventative measures such as installing scanners at the entrances of buildings. He stated taking the right to bear arms away from law-abiding citizens unarms the good man and opens the unprotected door for the criminal to come in. He stated that he stands in support of the resolution under consideration this evening. Supervisor Grice remarked that he too supports the proposed resolution. He stated that he is concerned over the number of emails received over the last several days that did not mention the late term abortion issues that will be coming. He stated that he cannot support the use of the word sanctuary; however, he could support the wording in the resolution under consideration by the Board tonight. Supervisor Jefferson commented that he is a supporter of the Second Amendment and supports the resolution as read. He stated if we come together and unite as one, much can be accomplished in the County. He stated that he, as a Board member, had taken an oath of office that he would uphold the Constitution of Virginia and whatever laws come down at the State level he will do his best to uphold. Supervisor Acree remarked that in 2019 the term sanctuary city or county is often used to describe a locality that does not comply with Federal law. He stated that he does not want that connotation to be used when describing the County and believes in a more fitting term of constitutional county. He stated as law-abiding citizens, the terminology describes a community's commitment to the protection of its rights under the Constitution. He stated we should stand up for our Constitutional rights that past generations have fought to preserve these rights for future generations and that he stands in support of the resolution under consideration by the Board tonight. Chairman McCarty remarked that criminals do not obey laws and people have been given a responsibility through the Second Amendment to protect their families and defend ourselves. He stated a gun -free zone is the most dangerous 7 place on earth, and he is a believer in the Second Amendment. He stated a message needs to be sent to our State Delegates that we believe in our rights as outlined in the Constitution. Supervisor Acree moved that the following Resolution be adopted which was adopted by a vote of (5-0) with Supervisors Acree, Grice, Jefferson, McCarty and Rosie voting in favor of the motion and no Supervisors voting against the motion: RESOLUTION WHEREAS, all members of the Isle of Wight County Board of Supervisors have taken an oath to defend the Constitution of the United States, including the Second Amendment of the United States Constitution which reads "A well - regulated militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed"; and WHEREAS, the United States Supreme Court affirmed an individual's right to possess firearms, unconnected with service in a militia for lawful purposes such as self-defense within the home and affirmed that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Due Process Clause of the Fourteenth Amendment against the states and opined that firearms that are part of ordinary military equipment or with use that could contribute to the common defense are protected by the Second Amendment; and WHEREAS, Article I, Section 13, of the Constitution of Virginia reads "That a- well - regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed"; and WHEREAS, Article I, Section 1, of the Constitution of Virginia reads "That all men are by nature equally free and independent and have certain inherent rights, of which, when they enter into a state of society, they cannot, by any compact, deprive or divest their posterity; namely, the enjoyment of life and liberty, with the means of acquiring and possessing property, and pursuing and obtaining happiness and safety;" and - WHEREAS, Article I, Section 2, of the Constitution of Virginia reads "That all power is vested in, and consequently derived from, the people, that magistrates are their trustees and servants, and at all times amenable to them;" and WHEREAS, the Board has no legislative, regulatory or enforcement authority related to "the purchase, possession, transfer, ownership, carrying, storage or transporting firearms, ammunition or components or combination thereof," as provided by Section 15.2-915 of the Code of Virginia, 1950, as amended, and has no authority over the independent execution of the duties of the constitutional officers involved in law enforcement; and �161� WHEREAS, the right of the people to keep and bear arms for defense of life, liberty, and property is regarded as an inalienable right by the people of Isle of Wight County, Virginia; and WHEREAS, the people of all Virginia counties derive benefit from all safe forms of firearms recreation, hunting, and shooting using all types of firearms allowable under the United States Constitution; and WHEREAS, the Isle of Wight County Board of Supervisors expresses the intent to stand as a Constitutional County for the Second Amendment rights of the law- abiding citizens of Isle of Wight County, Virginia, and is voicing its opposition to any unconstitutional infringement of those rights. NOW, THEREFORE, BE IT RESOLVED by the Isle of Wight County Board of Supervisors this the 12th day of December, 2019, that it hereby declares Isle of Wight County, Virginia, as a "Constitutional County." BE IT FURTHER RESOLVED that the Board of Supervisors fully affirms its support of the rights ensured and protected by the Constitutions of the United States and Virginia, and hereby expresses its intent to uphold the Second Amendment rights of the Citizens of Isle of Wight County, Virginia. BE IT STILL FURTHER RESOLVED that the Board of Supervisors does hereby oppose the enactment of any legislation that would unconstitutionally infringe upon the right of law- abiding citizens to keep and bear arms and urges our elected officials to support said rights. ADJOURNMENT At 9:00 p.m., Chairman McCarty declared the meeting adjourned. E Joel C. Acree, Ch an