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
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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
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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
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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.
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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
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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.
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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
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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.
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Joel C. Acree, Ch an