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HomeMy WebLinkAbout12/3/2019 - Regular December 3, 2019 483 Roanoke County Administration Center 5204 Bernard Drive Roanoke, Virginia 24018 The Board of Supervisors of Roanoke County, Virginia met this day atthe Roanoke County Administration Center, this being the first Tuesday and the first regularly scheduled meeting of the month of December 2019. Audio and video recordings of this meeting will be held on file for a minimum of five (5) years in the office of the Clerk to the Board of Supervisors. IN RE: OPENING CEREMONIES Before the meeting was called to order an invocation was given by Pastor Ethan Callison of Fellowship Community Church, North Campus. The Pledge of Allegiance was recited by all present. IN RE: CALL TO ORDER Chairman North called the meeting to order at 3:03 p.m. The roll call was taken. MEMBERS PRESENT: Chairman Phil C. North; Supervisors George G. Assaid, Martha B. Hooker, David F. Radford and P. Jason Peters MEMBERS ABSENT: None STAFF PRESENT: Daniel R. O’Donnell, County Administrator; Richard Caywood, Assistant County Administrator; Rebecca Owens, Assistant County Administrator; Peter S. Lubeck, Acting County Attorney; Amy Whittaker, Public Information Officer and Deborah C. Jacks, Chief Deputy Clerk to the Board IN RE: REQUESTS TO POSTPONE, ADD TO, OR CHANGE THE ORDER OF AGENDA ITEMS County Administrator, Daniel R. O’Donnell requested the postponement of the Library recognition. There were no objections. Acting County Attorney, Peter Lubeck requested that agenda item E.1 - Resolution declaring Roanoke County a Second Amendment Sanctuary County be moved to item C.1. There were no objections. December 3, 2019 484 IN RE: NEW BUSINESS 1. Resolution declaring Roanoke County a Second Amendment Sanctuary County (Peter Lubeck, Acting County Attorney) Mr. Lubeck explained the request for resolution. The following citizens spoke on this issue. Susan Edwards of 4121 Gives Road in the Glenvar area of Roanoke County stated “I want to thank you Chairman North and our Roanoke County Board of Supervisors for including this resolution on today’s agenda, allowing for citizen comment and the diligence and careful consideration of wording of this resolution as presented. I’d also like to thank our County’s Acting Attorney, Peter Lubeck for his background on where we are as a Dillon rule state, as well as the Constitution of Virginia and the Virginia Constitution. As of this morning, I believe there are 30 localities in the Commonwealth that, since the November election, have taken up a resolution, and I think there’s about 50 more that are on deck to do likewise with agenda items specifically addressing standing up for what our Constitution and our Bill of Rights recognize. As we all know, we just celebrated the 400th anniversary of the landing in Virginia of colonists, and we recognize as Virginians that our state is the birthplace of this nation, being the home place of many of our founding fathers, notably Thomas Jefferson, George Mason who wrote the Virginia Bill of Rights, George Washington, and our very own Patrick Henry. Our nation was founded on the consent of free individuals recognizing our Creator’s liberty that he put in us. We institute government at the consent of the governed. Our history lessons look to what the Constitution spells out, but the preamble tell us that it is, both at the federal level and at the state level, the consent of the government. All government is ultimately accountable to citizens, and I think that’s why you have seen people stand up and say, wait a minute, we saw what was introduced earlier this year, and we see what’s coming, and we want our rights protected. I’m going to jump ahead real quickly, watching the clock. I want to make a comment that protection of human life is very important to our community and to our nation. However, acting with good intentions without careful wisdom, looking at the unintended consequences of legislation and its application is at least foolish and at worst evil. We need to be careful when we impose on others, just because we have good intention and want to at least do something. I thank you all for your time and thank you very much.” The Honorable Chris Head, State Delegate stated, “Thank you Mr. Chairman and members of the Board. It’s good to be here. It is my great honor to be able to represent about 50% of Roanoke County in my district, the 17th District, and to have been able to represent this area for the last 8 years. In that time, it has been December 3, 2019 485 regular practice that we have had bills come before us, and most of the time that I’ve served in the House of Delegates, I’ve served on the Committee of Militia, Police & Public Safety, and most of those bills that would erode the 2nd Amendment came frequently through my subcommittee, and we did everything we could to slow that train down or protect the rights that we are granted in our Constitution. I have taken it as a practice every two years when I’m sworn in, we raise our right we verbally affirm the oath of office and are sworn in. Then there’s the document that we have to sign. I take a selfie not of my face but of my hand right after I’ve signed that oath, with a pen still in it, and my signature on the paper, and then I post that on my Facebook page. Because on there it says I do solemnly swear or affirm that I will support the Constitution of the United States and the Constitution of the Commonwealth of Virginia. All of you took that same oath. And then faithfully discharging the duties of our office. The concern that I have is that if we as a general assembly now, because the tables have turned, and there are bills that have been filed now that I fear will pass, and my party doesn’t have the power any longer to stop it. But I’m concerned that those bills will in fact be in conflict with that United States Constitution. It’s fairly unambiguous in the Constitution when it says that the right of the people to keep and bear arms shall not be infringed. You’d be very hard pressed for that to be less unambiguous, and that is as clear as it gets. And I’m concerned when we pass legislation, if we pass legislation, that becomes Virginia law, that goes into conflict with that, how do we uphold the oath of office that we take, that we will support the Constitution of the United States if that comes into conflict with that laws, that we as a body, have passed? I think that the order of our allegiance has to come in the order that it appears on that oath, and that we have to take those steps. Now what you all can do by passing and adopting this resolution, while it may be seen as symbolic, it does send a very clear message to all of the legislators in Virginia, and I certainly hope that you will take that step and know that at least I’m not speaking for my colleague, but I think that you will find that your representatives here will do everything we can to protect the rights that were granted in our Constitution. Thank you for taking this up and for the opportunity to speak.” The Honorable Joe McNamara, State Delegate stated, “Mr. Chairman, members of the Board, thank you very much for the opportunity to be here, thank you for having the courage to hold hearings and look at something you see as very, very bad, very wrong, and take action on it. I would like to say and make it very clear that I stand with you as a Board, I stand with the many, many citizens of Roanoke County in supporting our second amendment rights. Enforcing the laws that we have, laws that keep guns out of the hands of criminals, and punishing those who commit crimes with guns have proven time and again to be the key to reducing gun violence. As Delegate Head mentioned, we still don’t know what the Democrats in Richmond will pass, what the governor will sign, but they have made it clear that they intend to infringe on the rights, our rights, in a very significant way. We heard Attorney Lubeck talk about the various laws and authorities and responsibilities, and being a Dillon Rule state, and I would like to reiterate what Delegate Head said, so it may look as though a resolution December 3, 2019 486 such as this is symbolic on its face, it is extremely, extremely important that we make our feelings known and shared with the General Assembly message. It makes it no less important. Rather than engage in partisan politics, Delegate Head and members on our side of the aisle, we are committed to thoughtful and deliberate response based on facts and evidence, not political talking points. There have been nearly 30 counties that have taken action, and there’s many, many more to come. It’s sometimes lost in the conversation that Virginia has one of the lowest crime rates in the nation. In fact, we are fourth best as far as the lowest crime rate, beat only by New Hampshire, Vermont, and Maine. You want to look at where the high crime rates are? It’s where they’ve restricted Second Amendment rights: Maryland, Illinois, New York, DC. Our violent crime rate in Virginia is less than half of the national average. What we are doing is working. We want the Virginia that we have, and we want to keep it. Thank you very much for your time.” Gary Flora, 4833 Brookwood Dr., SW Roanoke stated, “Blomberg poured huge amounts of money into Northern Virginia down through Tidewater. He did the same thing in Washington State and passed a law, I594. The people in Washington state were voting on an actual ballot whether they wanted actual background checks in transfers or not. They voted for it, and the law went into effect, it was totally different than what they had advertised. The Washington sheriff said the law turned every gun owner into a criminal and refused to enforce it. If a grandfather wanted to teach his grandchild to shoot, the grandfather would have to run a background check on the child. The child would have to run another background check on the grandfather when he turned the gun back over to him. Every time any gun changed hands, this had to be done. We’re talking that they might pass red flag laws here. There was a young school boy, I think down in Georgia, said something about a gun and school. The police showed up, went to the boy’s house and confiscated his father’s guns immediately. His father was a veteran and a retired police officer. All someone has to do is make an accusation, no proof, just somebody’s word, and they remain anonymous. You must get a lawyer, go to court, hopefully win so you can get your property returned. Some states are even charging the owner for the storage of their firearms. They’ve already prefiled a bill here in the state of Virginia, and that’s where I’m getting this information from. Rifles of any kind were used in only 2% of homicides. That includes assault rifles, semi- automatics, bolt rifles, everything. I think the bill they’re trying to pass, SB16 prohibits any person from importing, selling, transferring, manufacturing, purchasing, possessing, or transporting an assault firearm. If you violate this you’re a class 6 felon. And I had to look up what that was, one to five years in prison. Banned handgun capacity magazines. If you import, sell, bought, or transfer any firearm magazine that holds more than ten rounds, it’s a class one misdemeanor, twelve months, $2500 fine. Banned silencers. Supposedly there are 1.3 million in the hands of private citizens. FBI says 44 might be used in a crime in a given year. The myth is that approximately 32,000 or more people are killed every year with guns. Fact says that 61% of these are suicides. Studies have shown that the presence or absence of a firearm does not change the December 3, 2019 487 overall suicide rate. Fifteen percent of the homicides are by law enforcement and are justified in them carrying out their duties. Well, I have just all kinds of information that’s incorrect, but I would like to thank all of you all, and I’m proud to be living here in Roanoke County. I think everybody does a wonderful job. Thank you.” Robert Cook, address is 4361 Fontaine Dr., Roanoke County stated, “I’ve been a resident of Roanoke County for 53 years now. Just a little background very quickly, my dad gave me my first little .22 rifle for my 6th birthday. Under the present political climate, he would probably be in jail for child endangerment now. I’ve shot in pretty much every competition that there is. I was a Roanoke County officer for 10 years, and I was a Roanoke County firearms instructor for 7 of those years. I am currently the president of the largest outdoor shooting facility in the Commonwealth of Virginia, and I say this just to say I know a little bit about guns. The Supreme Court has ruled that the Second Amendment stands. End of story. That there shouldn’t even be any more discussion about it. Under this thing that they’re proposing now, Senate Bill 16, I own a few guns, nothing exotic, certainly nothing illegal. Not a single gun that I own would be legal if they pass it. They have actually done their homework, which is kind of unusual. Most of the time when they come up with stuff like this, the people who come up with it don’t really know which end of the gun the bullet comes out of. But this time they have done their homework, and they have banned pretty much everything except blunder busses like the people on the Mayflower used when they landed here. They are talking about the import, manufacture, purchase, sale, trade, barter, and most importantly, possession of any of the items they are talking about banning. Nothing would be grandfathered. And then Senate Bill 64, which they’ve prefiled. Our gun club hosts every year at least ten high schools, one at a time. We bring several busloads of kids out for a day of marksmanship and safety training. Under Senate Bill 64, every one of our members who is an instructor there would be guilty of a felony. The men that wrote the Constitution were pretty smart guys. They had just come out from underneath the oppressive thumb of the greatest superpower of their time, and they knew what they were talking about. The Second Amendment protects us from an oppressive government. There’s an old saying out there about not poking the sleeping bear. Well, poke the sleeping bear of the gun owners of Virginia, and there’s a problem coming. Don’t awaken the bear. Pass this resolution. And I thank you for your time.” Roxane Christley of 7259 Willow Valley Road stated, “Thank you, Board, I appreciate you giving us the chance to speak, making this meeting available to our citizens is what our government is about. I do find it troubling, however, that we had it at 3 o’clock in the afternoon where hard working people are not able to be here. But I do again thank you for making it possible. As stated, there has been a wave of counties who have accepted the adoption of a Second Amendment sanctuary for their counties, and I’ve worked with several Republican chairs throughout the Commonwealth to draft a resolution that I have sent to all of you. I did read the resolution that was put together by the County Attorney and just had a couple of additions or editing, things that I wanted to bring up. In the County Attorney’s Whereas on page 2 of 3, he makes mention of the December 3, 2019 488 elected officers that we have, local law enforcement, and notes that the sheriff and the Commonwealth’s Attorney are independent, elected officers. They truly are the ones who we would speak to, they are the ones who take the oath of office to uphold the Constitution of the United States and Virginia, and so actually the Chief of Police should not be included in that at all. I also would ask that the resolution that I sent you, there are two points that are emphasized a little bit more that I think should be included, one being on the first page of my resolution where it says Whereas the Roanoke County Board of Supervisors wishes to express its intent to stand as a sanctuary county for Second Amendment rights and to oppose within the limits of the Constitution of the United States and the Commonwealth of Virginia any efforts to unconstitutionally restrict such rights and to use such legal means at its disposal to protect the right of the citizens of Roanoke County to keep and bear arms, including through legal action the power of appropriation of public funds and the right to petition for redress the grievances and the direction of the law enforcement and the judiciary of Roanoke County to not enforce any unconstitutional law. As a gun owner myself, and a hunter who enjoys that, I find it extremely important that we protect, that I be able to protect my home, my property, and my family, and I encourage this Board to adopt this resolution with the recommendations and exclusions that I added. As well, I thank you all for your service to our county, and I hope that there will be an adoption of this resolution.” Janet Scheid of 1453 Wolf Creek Drive stated, “I’m a resident of Roanoke County and also lucky enough to live in the town of Vinton. I am here to oppose this resolution to declare Roanoke County a Second Amendment sanctuary county. In the resolution before you, it states that you are representing the sentiments of the Board and the community as a whole. I am here to clearly state that you are not representing my sentiments. The resolution is an embarrassing waste of time. I believe that Roanoke County and the Board of Supervisors have much more critical and important items to deal with than to discuss and pass a meaningless resolution that is not worth the paper that it’s printed on. Does this county really intend to defy whatever state laws might be coming after democrats took control of the General Assembly in January? The resolution says Roanoke County supports the Constitution of the United States of America. That’s great. I do too. Common sense gun laws have been upheld in courts across the country and all levels of government. Is anyone really arguing that mentally unstable people should have access to guns? In The District of Columbia v. Heller, the 2008 Supreme Court case, none other than Justice Scalia said the rights secured by the Second Amendment are not unlimited. People need to realize that not every common sense restriction is an infringement on Constitutional rights. There seems to be a great deal of anger in this room behind me, and that anger seems to grow out of fear. I don’t really understand that. Are background checks and red flag laws that are supported by 90% of Virginians, citizens, really that scary? Requiring universal background checks and extreme risk protection orders will do absolutely nothing to infringe on the rights of law abiding, responsible, gun owning citizens of this county. I support their right to own a gun to protect themselves and their homes and to hunt if they so choose. The courts December 3, 2019 489 have routinely held that the right to bear arms is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose. The state not only has the right, they have the duty to limit this. It is not a coincidence that all of these rural counties across the state of Virginia are being lobbied to pass this meaningless type of resolution at this point in time. Does Roanoke County really want to jump on this bandwagon? We should be focusing on economic development and tourism, bringing people in from across the state and across the country to do business here and to recreate here. Is this really the image we want to project? We are better than this. And sometimes when we are elected to govern, it’s important, and sometimes even necessary, to swim upstream. Thank you for your time.” Larry Carver of 4044 Blandfield Drive in Vinton, which is Roanoke County stated, “I’m also a retired law enforcement officer. During my career, I’ve taken the oath of office for three departments. One local department, which is Roanoke County Sheriff’s Office, a state department, and also a federal agency. I’m here today to speak on what I feel is the most important issues facing all of the citizens of Virginia, not just Roanoke County. And this is our precious freedoms that are guaranteed by the U.S. Constitution and also by the Bill of Rights. Our Virginia government officials are attempting to take away our rights to protect ourselves and our loved ones by taking away our guns. We must fight back. During the years with law enforcement agents, I was issued and carried a semi-automatic pistol. Every one of those guns carried magazines that held more than ten rounds of ammunition. Most law enforcement agents today, Roanoke County police, they all carry handguns that can hold more than ten rounds. It’s a standard. So now in 45 years after I became a police officer the first time, all the firearms that I’ve required to carry as a law enforcement officer to protect myself, my family, citizens of Roanoke County, the citizens of the Commonwealth of Virginia, and the citizens of the United States of America, now if I carry that gun, I’m going to be a felon. So I’ve been a police officer all these years, and you’re going to make me a felon by having these anti-gun laws. Anti-gun laws do not affect criminals. They only affect good, law abiding citizens. Today we discussed the ground rights of citizens, given to us through the Second Amendment, which I’m not going to repeat, because everybody knows, but the last part of that, shall not be infringed. What part of that don’t the politicians realize or don’t they understand? We must fight back. They only make criminals out of normal citizens, these gun laws do. Just use the following examples. Would anyone here want to live in Chicago, or DC, or New York City? Strictest gun control laws in the nation and the highest gun control deaths in the nation. Do we want Virginia cities to be like New York and DC? Richmond is bad enough without gun control. It’s not a law for citizens, it’s a law for the politicians, gun control is. Gun laws only affect and hurt law abiding citizens. Criminals love strict gun laws because all they do is make the citizens into sheep waiting to be slaughtered when we have no protection. Like I said, we must fight back. How do we fight anti-gun politicians? Let all politicians know that we will vote out of office any and all politicians that vote for any type of laws or regulations that violate or change our Constitution or our Second December 3, 2019 490 Amendment. Our Constitution is strong. It does not permit politicians to be dictators and kings. Politicians are the representatives of us because we are the people and should be working for the people, not for their own interests, which they are. We must fight back. I’m asking you, please declare Roanoke County a Second Amendment sanctuary and make a statement to all Virginia and all U.S. citizens that we will support them. Thank you for your time and support, and God bless our great country.” Betty Burke of 6620 Shingle Ridge Road stated, “I’ve lived there for more than 30 years. When I read that Roanoke County Board of Supervisors would be discussing the adoption of becoming a Second Amendment sanctuary, I immediately wondered exactly what that meant. My understanding is that a Second Amendment sanctuary designation does not exempt a locality from existing or new gun control laws, so I started doing a little internet research which confirmed my understanding. I live in a semi-rural area of Roanoke County where two nearby neighbors periodically target shoot. So I decided to ask one of these community neighbors what this designation would mean and what impact it might have. Now let me preface this neighbor’s remark with some background about him. We’ve been, again, neighbors for more than 30 years. He describes himself as a long time target shooter, hunter, and sportsman. His immediate response to my question was, it’s a feel good deal to do nothing, and it’s a way for politicians to try to appease their constituents. So my question to the Board is, why is this on the agenda? Doesn’t Roanoke County have more critical work to address genuine county needs? How does this designation attract younger people to some of our aging neighborhoods? How does this designation help with solving the traffic problems on major routes? How does this help with reimagining the Tanglewood corridor? I would like to see this Board make good on the changes that attract more citizens and improve the quality of life for all of its citizens rather than adopt a feel good classification that signifies nothing. Thank you for listening to my comments, and I’m glad this is not a popularity contest, since I’m not winning. Thank you.” Dan Webb of 4801 Sunnyside Dr. in Cave Spring stated, “I’m a Roanoke County resident and an aide to Roanoke County State Senator David Suetterlein. Senator Suetterlein has legislative commitments in Richmond today and tomorrow and wanted to speak, but he could not attend so he sent me on his behalf. And he wanted to thank the Roanoke County Board of Supervisors for considering this step affirming the Second Amendment. And the best way of stopping laws that threaten citizens’ rights is by defeating them in the General Assembly in the first place. Senator Suetterlein is working to do that with our colleagues Delegate Joe McNamara, Delegate Head. Senator Suetterlein is working to do that and appreciates all of the engaged citizens that have come out today and the Roanoke County Board of Supervisors for sharing that goal. Personally as a Roanoke County citizen and as a young person just mentioned, one of the reasons that I moved to Roanoke County is because of the freedoms and ability to not feel judged for my conservatism. Incoming Democratic senate majority leader Dick Saslaw has already introduced a number of bills that are severely concerning to law abiding gun owners, including the ten round magazine ban December 3, 2019 491 that has been mentioned. That same law in California was just recently struck down by a federal judge because it does not comply with the Heller decision in allowing adequate home defense. Another law is in the process of going through the Supreme Court in New York which has the possibility of expanding our freedoms. So not only is the General Assembly going against our Constitutional rights, they are going against recent court precedence by bypassing these gun control laws. The common saying is, preservation of liberty requires eternal vigilance. This resolution is good, and I hope the Board passes it, but it is not enough. This crowd here today is outstanding, but it is not enough. Simply voting for folks who will protect our freedoms is not enough. It is our duty in a government by the people and for the people to take personal responsibility in who writes our laws, and that means organizing to elect individuals who will protect our Constitutional freedoms. Hundreds of people coming here today to support our Second Amendment is amazing. But hundreds of people getting organized, knocking on doors and persuading voters of our ideals is the most effective way for us to preserve our liberties. And I hope that everyone will not just post on Facebook about their feelings but get involved with the Roanoke County Republican Committee, join the Committee, help us elect our Republican members of the senate and the house of delegates and our local supervisors and also show up on January 20 for lobby day in Richmond to have a physical presence there to show our representatives across the state how you feel about their decisions of infringing on our Constitutional rights. Thank you. Lee Anthony of 3779 Carvins Cove Road out in the Bennett Springs area stated, “I was born and raised in the Roanoke area, the Roanoke valley. I’ve been around for a long time. I would like now to speak in opposition to any further attacks on my Second Amendment rights and particularly those which may be introduced by the General Assembly in the near future. My extended family has fought for liberty and freedom as far back as the French and Indian Wars. My concern right now is twofold. First, there are recent reports of convicted felons being released early by liberal judicial systems. Second, the Second Amendment rights of law abiding citizens are threatened by the politicians who meet in Richmond led by a person who has no problem with the murder of babies before or after their birth. I have put together a significant collection of military over the past 45 years, and this collection has been the basis for many of my lectures and museum displays which pass on to the present generation and future generations the importance of our nation's history as well as the sacrifices which have been made by those people, those patriots who have served this state and this nation. Is it going to be necessary for law abiding Virginia citizens to either move out of the state or to relinquish their legally held artifact collections? We know that Botetourt has just passed a resolution to become a Second Amendment sanctuary county. I would urge that Roanoke County also follow suit. Thank you very much for this opportunity to speak.” Ron Carlisle of 3464 Colonial Avenue in Roanoke stated, “I’d like to thank you, Mr. Chairman and members of the Board, for the opportunity to provide input to you today. Why become a Second Amendment sanctuary? Most of the proposed gun December 3, 2019 492 laws or restrictions are simply an attempt by a few to impose their will and beliefs on the majority who are good, law abiding citizens. As with many laws and restrictions being implemented today, they are an easy simplistic attempt to make the American public think they are safer when in reality, they do not address the core problems which results in the horrific incidents about which we are all aware. Restricting the Second Amendment rights of law abiding, legal gun owners will not have an impact on gun violence. Such restrictions and law will only serve as false, real feel good measures which punish the law abiding, legal gun owners and inappropriately and illegally restrict and deny them their Constitutional rights. Based on Mr. Lubeck’s presentation, it seems to me that it would require Constitutional amendments to both the United States and the Virginia Constitutions for any such laws to be passed because there is no doubt they infringe on the rights of citizens to keep and bear arms. We are fast becoming a society in which societal problems are being addressed with sweeping, broad-reaching, quick and easy fixes, quote unquote, which inappropriately restrict and or remove the rights and freedoms of all citizens because of the actions or beliefs of small groups or individuals. This has become routine in schools, at public events, and numerous other venues. The attempts to restrict and or remove the Constitutional rights of law abiding, legal gun owners is just another example of this trend and an effort to erode the rights and freedoms of Americans. The implementation of Second Amendment sanctuary status in Roanoke County will help to prevent this erosion. You as county officials have the responsibility to ensure that the Constitutional rights of Roanoke County citizens are not infringed upon or removed. Please do not shirk or abdicate that responsibility. Implement the measures necessary to make Roanoke County a Second Amendment sanctuary as soon as possible. It is imperative that Roanoke County declare itself a Second Amendment sanctuary and stand in solidarity with the other jurisdictions of southwest Virginia which have done so in order to send a clear and unequivocal message to the politicians in Richmond threatening to codify a misguided and erroneous political ideology. The right to keep and bear arms is not just a United States and Virginia Constitutional right to the citizens of southwest Virginia but rather has been a way of life for centuries and continues to be today. The repercussions of denying those rights will be, not maybe or could be, severe, immediate and unavoidable. Thank you.” Mary Scanlon of 2970 Brughs Mill Road, Fincastle, Virginia stated, “Thank you, Chair and Supervisors, for listening and allowing me to speak today. I want to emphasize that the safe handling and securing of firearms by women is both a deterrent and an equalizer when a woman is by herself. I am a descendant of a Rockbridge County, Virginia delegate to Richmond, and on June 26, 1788 he voted for Virginia to ratify the United States Constitution. In fact it was only passed by ten votes. Why? Patrick Henry and his impassioned speech on the rights that were not included in our document. There was a second vote here in Virginia which included those rights. Virginia really is the home place of the Bill of Rights, so it is personal. My last point is rather tragic but deals with the recent gun control frenzy. I’ve read the book Why December 3, 2019 493 Meadow Died written by a grieving father, Andrew Pollack. He pursued on past this tragedy to try and find answers to why did this happen and how can we stop it from happening again. His co-author, Max Eden, is an educational expert, and he described a new educational reform movement that is called “social justice industrial complex.” I suggest to our media to try and investigate this. There’s a quote from the epilogue at the end by Andrew Pollock, “Short of banning guns altogether, nothing in the gun control agenda would have prevented 18-1958 from getting a gun because he looked totally clean on paper. But rather than try to figure out why a student who everyone was saying had committed plenty of crimes had nothing on its record, the media treated the question as a threat to their agenda and marginalized it as a right wing thing.” Later Andrew Pollack states, “I hope that this book has shown you there are so many school safety problems that have nothing to do with guns.” As a retired educator, I’m looking at this as nothing is simple about this recent tragedy as depicted in the media. I’m suggesting that Virginia citizens and our Virginia lawmakers need to think on their own, pursue the facts, and not draw conclusions quickly. Thank you Roanoke County for suggesting the sanctuary county for the Second Amendment, because it is personal. Thank you.” Allen Scanlon of 2970 Brughs Mill Road in Fincastle stated, “I thank you for the opportunity to assemble and express my views today. One may reasonably wonder if the day will come when those rights will also be in danger. I’m here as a Virginian and in support of all Virginians who value the law and our Constitution. I’m fortunate to live in a county where our Board of Supervisors recognizes the U.S. and Virginia Constitutions and pledge to stand by them as the rule of our county. And I am equally happy to no longer live in Roanoke City where the citizens’ voice is repeatedly ignored. We are here today because of the effect and consequences of one person who is not a Virginian. One person contributed 3.5 million dollars to influence the last election for our state legislature that averaged $184,000 per seat gained in the Virginia legislature, and gun control was the focus of his efforts. I have addressed many councils and many supervisor meetings over the years in various jurisdictions and in even other states. Sometimes the following decisions were favorable and sometimes they were not. And I’ve always wondered whether what I had to say or what anybody had to say had any influence on the people that we were speaking to. I really don’t know the answer to that. I sent all of you a message Sunday, and it contained the logic of what I feel was a rational position supporting a Second Amendment sanctuary resolution I feel it made many important points based in history blended with the logic of a reasonable person. In hopes that you actually did read my message, I’ll forego repeating it, but I’ll take the Bloomberg approach today. Politicians hold their position because they seek to be elected and it is clear that the thing that impacts most politicians isn’t logic or the law necessarily but what will impact their reelection. I hope the law and logic impact your decision today, and I am confident that it will. My message here is that I pledge to work for the defeat of any candidate for any position, in any jurisdiction who refuses to recognize the U.S. and the Virginia Constitution as the supreme law of the land. December 3, 2019 494 Concurrently, I pledge to support all candidates in all jurisdictions and in all elections for those that do recognize it. Numerous articles and various publications proclaim this Second Amendment sanctuary matter as a fairy tale or fantasy. We are not living in a fantasy world, thinking this resolution is the end. It is well understood that it is just the beginning. I submit that wealthy high profile people like Mr. Bloomberg are the ones who live in a make believe world. This body has not made and cannot make any law restricting the right to keep and bear arms. I understand that as do my fellow Virginians. I urge you to approve this resolution and let us continue to fight to achieve a resounding defeat of any unconstitutional measures. Yes, it is symbolic and so was the Boston Tea Party.” Randolph Jefferson English of 5154 Brittany Road in Roanoke County stated, “The good attorney has explained that you all took an oath of office, lady and gentlemen. I took an oath also. In 1972, on the occasion of enlisting in the United States Coast Guard. Something that has stuck with me since that day is, I was told that it was my responsibility to uphold the Constitution of the United States of America from all threats, foreign or domestic. What is on the docket in Richmond, I feel is a domestic threat. I was released from active duty, but I was not released from my oath. Eight generations ago, the English family was established in Virginia by William English when he stepped off of a boat in Jamestown. Along the way, our family allied with a family named Jefferson. You may have heard of my cousin six times removed. His name was Thomas. In one of his writings, he spoke of the tree of liberty. Some of you may view those words as a cautionary tale. If you decide to stand with patriots, you are welcome to come stand beside me. If you decide to bow down to tyrants, you will be remembered. A line in the sand is just the beginning. The Second Amendment protects all of the others. Give up this one, and kiss the rest of them goodbye. Thank you for your time. Rita Marian of 6375 Boulder Trail Drive, #2085 in Roanoke County stated, “I’m hoping I can make the three minutes, I’ve timed myself, and I’ve gone over thirty minutes, so we’ll see. Let’s consider the future of Roanoke County here. Do we have enough jobs? Enough major employers to ensure steady, reliable, good paying jobs for all? Are residents a tax base that allows for sustainable, local growth, improvement in our schools, in our county services, improvement in the county infrastructure? Take a good hard look around the county. If you answered yes to any of those questions, you are fooling yourselves. Again, consider the future of Roanoke County. What image of our county do we want, no, need to project to the rest of Virginia and the country? What attracts potential employers looking for a place to expand their companies, provide a comfortable, safe, law abiding lifestyle for their employees? Consider the future of Roanoke County. A Second Amendment sanctuary county? What message would that send about Roanoke County? That we only believe in the Second Amendment and nothing else? What about the rest of the Constitution? If anything, we should pass a resolution that makes Roanoke County a Constitutional sanctuary county. That way, the message we send is, we protect all rights under the Constitution and the legitimate rule December 3, 2019 495 of law. Let’s explore a bit further what a Second Amendment sanctuary is really intended to communicate. It says, as a county, we will fail to enforce certain legislation we arbitrarily don’t agree with and instruct our local law enforcement agencies to look the other way. Hey everybody, you want to break the law? Come on down to Roanoke County. We don’t mind. I’ll interject here a thought to the Board of Supervisors. Nonpartisan, independent, national polling indicates that 80% of Americans, including gun owners and NRA members, favor common sense gun legislation and not the NRA lobby propaganda. The very people we need to attract to grow Roanoke County are the ones who will not look favorably on such a resolution and by association, Roanoke County. My message this evening is quite simple and clear. To turn the answers to the questions in my opening comments to yes, we must attract sustainable, permanent business to the county. That business will provide jobs, attract more residents to the area, increase the tax base, and fuel healthy growth in the county. To do that, we must have a local government and law enforcement that responsibly follows the law and actively promotes the public safety. Without, the county will continue to flounder, and depending on your actions, may indeed spiral further downhill. For the last time, I ask you to consider the future of Roanoke County. Please vote against the Second Amendment resolution and send a positive message about Roanoke County. One quick thing, there is a gentleman in the back who is for this gun sanctuary resolution, and they asked him why did you sit in the back. And he said, because I’m afraid of gunfire. And he was being truthful, not being funny. So they even are afraid of this, and he said it, and I heard it, so they can laugh all they want.” Steven Richards of 6384 Spring Run Drive stated, “Members of the Board of Supervisors, yesterday, this same event took place in Roanoke City. However, the Board, or the Council of Roanoke City administration would not listen. I would pray that you would listen, because there are many here that have much to say, as you have realized. Why should you entertain passing this resolution? Simply stated, it’s to send this message to Richmond and to Washington that Roanoke County stands with the Constitutions as we have been talking about. Those who advocate gun control believe that such laws will reduce gun violence and better protect the citizenry, as we may have heard today. However, there is no evidence that doing so will do any more than gun free zones have protected us from mass shootings. In the face of obvious lack of effectiveness as we have seen in violent communities around the United States, Chicago, for example, many have come to realize that this is all a subterfuge for a larger agenda, the gutting and downsizing of the Second Amendment into an empty memory of a former freedom. Why would they want this for America? We know that gun regulations do not perform, but they still want to strip away this larger right by administering death by a thousand cuts, so to speak. It can be for only one reason, and that is to exert government control over a free people. We here today call upon the Roanoke County Board to pass this resolution and send this clarion shout all the way to the General Assembly that this Constitution will be protected and none of it will be disassembled as plotted by those who resent our freedoms and guaranteed by our December 3, 2019 496 founding fathers and purchased by the blood spilled on many battlefields over the many years. Members of the Board, please dare to stand with all of us against this wave of tyranny that has begun. Bob Crawford, long time Roanoke resident residing at 6620 Shingle Ridge Road in the County stated, “I wrote these brief remarks assuming that your resolution be essentially the same as the one that has been adopted in a few dozen other localities. Now I see that your erstwhile attorney Lubeck has apparently taken out all or possibly most of the illegal aspects of the resolution, which leave it moot. I will still go ahead and read my comments because you are associating yourself with that resolution as it exists in most of those cases if you pass it. We see that in regard to gun safety regulations, some members of the community feel their Constitutional rights are abridged or fear that unconstitutional regulations might be passed in the future. However, because the suggested so-called sanctuary approach calls for legal officials to violate their Constitutional oaths by illegally refusing to carry out their duties, the sanctuary approach clearly fails as a solution for protecting constitutional rights. In other words, the sanctuary approach is in violation of its own stated purpose. I urge you to spare Roanoke County’s reputation as a friendly place where culture and commerce thrive in an appealing natural environment. Don’t give us a black eye by declaring our county a Second Amendment sanctuary area. Thank you.” Julia Crump of 8533 Martins Creek Road in Roanoke County stated, “Lady and gentlemen, thank you for the opportunity to speak to you today on issues very important to me and many other county residents. I would like to thank you for your work helping to make Roanoke County such a wonderful place to live. I’m a firearms instructor, competition safety officer, and hold an armed security license. I’ve been a Virginian for 72 years and a resident of Roanoke County for 52 years. I share the values of many residents, the right to protect myself and loved ones with legally purchased firearms, hence the Second Amendment. We wish Roanoke County to join many Virginia localities in passing a Second Amendment sanctuary resolution and sending a message to Richmond that we do not agree with their proposed law changes that would make law abiding citizens who wish to keep their firearms into felons. The criminals will never give up their weapons and will continue to attack those who cannot defend themselves. We already have lost to prosecute criminals and some adjustments are necessary in law enforcement agency communication as well as in the mental health realm. This is not a gun control issue but a people control issue. It’s become a political issue. Thank you. Please vote to make Roanoke County a Second Amendment sanctuary. David Howutson of 4518 Twelve O’Clock Knob Road, stated “As you can hear, I’m not from around here originally. But having seen these sorts of laws work in Australia, they don’t. I used to work at a rifle range outside of Sidney. There would be days where we would have three or four shooters. And I would hear more gunshots from my suburban home in Sidney. As for the way the red flag laws work, yeah, they look great on paper until you realize that someone you annoyed or someone who’ve December 3, 2019 497 had a relationship with doesn’t like you anymore, phones in an anonymous report, and all of a sudden, you’ve got nine guys banging on your door at 3 a.m. wanting to know where all your guns are. People do not realize how quickly, when politicians get a bug in them and decide they are going to do something, it happens, and it goes downhill very, very fast. And unfortunately any real reply to them goes uphill very, very slow. I urge you to say yes, we are a Second Amendment sanctuary. And as every revolution has been an illegal, unlawful act against someone who is repressing the people rebelling, all of this is saying, we’ve had enough. No more. If it starts, it starts here, this is the line. Bring it on. That’s it. Thank you.” Jonathan Mays of 3432 Green Ridge Court stated, “I’m represented by the Hollins District. Thank you Mr. Chairman and fellow board members. I didn’t prepare anything, I just hoped I wasn’t called first so I could respond to some of the criticisms I heard and what stood out a lot to me, I heard a woman say that there was a lot of fear in the crowd behind her, and I’ll speak for myself, but I feel like many people would agree with me. I’m not afraid of a big government man coming to my door to take my guns, because frankly I don’t trust the government to execute anything properly. I’m not afraid if Roanoke County is the only county in Virginia that passes a Second Amendment sanctuary law. What I am afraid of the blue flag behind you says sic semper tyrannis, death to tyranny, and I’m afraid that we as Virginians, and more broadly, we as Americans, are starting to fail to recognize what tyranny looks like. We think of tyranny as a fat man with a crown in Europe inflicting laws on a non-consenting people or a middle Eastern oil tycoon gassing his own people in the middle of the night. But tyranny doesn’t happen with an armed population. The first step of any tyrant has to be to disarm the general population. So I hope that we as Americans and Virginians recognize tyranny, because if we don’t, we’ll be stomped under it and we will deserve to be stomped under it. The second thing that I noticed was a woman pointed out that passing a Second Amendment sanctuary law might deter other people and businesses from entering Roanoke County. I’ve been active duty Navy for just shy of five years now, and I’ve done a lot of traveling, and every time I come home, it’s a different landscape. I’m driving down the road, oh, when did that get there, when did this get there. There’s new construction. So I don’t see how not, we’re currently enforcing Second Amendment laws, and you have the right to 30 round magazines, assault rifles, so how I don’t see how continuing to support those would deter any future people from coming to Roanoke County. And if it would, I’d like to talk to someone about how that might happen. Thank you for your time.” David Courey of 3419 Ashneade Drive SW stated, “Thank you for affording me the opportunity to speak. Considering the amount of discussion on the subject, it is difficult not to be redundant. However, the subject does bear repetition. We are sickened by the proposals of our socialist government in Richmond wanting to oppose unconstitutional laws infringing upon the rights of citizens to own firearms. It is a fact that the criminals that wish to do harm are not even fazed by gun laws. Criminals buy guns by illegal means. They obtain them through underground and out of reach of December 3, 2019 498 any government control. It is a sad fact that no gun control law can eliminate this. It is the law abiding citizen that is harmed by these gun control laws by not being allowed the means to self-protection. Let us understand that the Constitution does not say the government will decree the right of the citizens to keep and bear arms. The Constitution says that the government shall not infringe upon the right of citizens to keep and bear arms. This is not a right that the government has granted to us. It is an unalienable right that the government is forbidden to take away from us. If our legislature in Richmond is to make arms illegal for citizens to own, the police would be so busy arresting honest citizens, they would have no time to keep criminals from their nefarious deeds. In the words of Charles Dickens, let me offer you a tale of two cities: Houston and Chicago. Houston has very minimal guns laws and a low crime rate. Chicago has strict gun laws and is rife with crime and very high murder rate. Both cities are the same population and demographics. Clearly gun control laws cause crime. Let the word go forth to friend and foe alike that the sleeping giant has been awakened. This is our country and we mean to take it back. We will no longer tolerate attacks upon the United States Constitution and particularly the Second Amendment or the Bill of Rights. I urge you to have the intestinal fortitude to support the people that you serve and not side with the nefarious governor and newly elected legislature in Richmond. You are here, not in Richmond, and you should support the people you represent, not the evil governor that intends to infringe upon our rights granted by the Constitution. Thank you for allowing me to voice my opinion.” Max Beyer of 2402 Coachman Drive in Roanoke, Virginia, stated, “Thank you Mr. Chairman, members of the Board. I would like to commend the Board for its actions to favorably consider supporting the United States Second Amendment of the Constitution. In a way it’s sad to find this action necessary. That patriotism and pride, the very basis of our republic is so lacking. But as President Reagan pointed out, our liberty is just one generation from being destroyed. And it’s necessary for each generation to recognize the frailty of our institutions and our obligations to reaffirm its foundation. Our defense and reaffirmation rightly begins in our home and local community. And it is refreshing and entirely appropriate that such recognition has been initiated by this body, our local county government. It should be comforting to you that by this action, you are expressing the views of most of its citizens and that you have been elected to represent. In turn, it is comforting to us, your electors, that we have selected you as representatives who had the personal patriotism and political courage to speak out at a time of national dissention and misguided activism. Be assured in your defense of the Constitution that we are united. There’s little space between you and those you represent. Unfortunately, there is a significant difference between most local citizens and our local written press, a business owned and operated, controlled by people who are located physically, morally, and philosophically outside this region. As we citizens have long known, that paper, The Roanoke Times, does not represent us in any meaningful way. And it is anathema to this region and its beliefs and culture. December 3, 2019 499 Accordingly, I would encourage you, Board members, to disregard their opinions on this and any other matter. Thank you for your time. Reverend Dusty Kenyon Fiedler stated, “I am a retired Presbyterian minister. I live at 5313 Cromwell Court. The last time I was here, I came to pray for your meeting just like Reverend Callison did earlier. As a preacher, I know that brevity is of the best, so I am here to be quick. I’m here today not to try to change any minds. I know that I am in the distinct minority, but I am here to let you, the Board of Supervisors, know that there are many of us, believe it or not, in Roanoke County, who would hope that you would not move to make Roanoke County a sanctuary county because, because we have been listening to our children and to our grandchildren who have begged us to keep them safe. We hope that today you will turn down this request just like your colleagues in Roanoke City did yesterday because we do not believe that guns are the answer to our safety and to our peace. The word sanctuary was originally a religious term. Sanctuary meant a sacred place, a haven, a place of safety, free of violence. And that is what we want for everyone, those of us who hope you will act not to accept this movement. Thank you so much.” Gail Burruss of 703 North Battery Drive, Hollins district, stated, “I am a native and proud Virginian, a Roanoke County resident who enjoys the gifts of wild game from my hunting friends, someone who knows how to shoot, and I do it responsibly and well. And I’m here today to ask you not to approve a resolution that would declare Roanoke County, meaninglessly, I would say, a Second Amendment sanctuary. There is no legislation that has been prefiled in the General Assembly that is inconsistent with what courts throughout the nation have ruled is Constitutional. They are consistent with the Supreme Court’s 2008 Heller decision, which says, and I quote, like most rights, the rights secured by the Second Amendment is not unlimited. What has been prefiled is bills that would make it less likely that guns would be available to those who are more likely to present a threat to public safety, people who have been convicted of a felony, perpetrators of domestic violence, and people who are at risk of self-harm by gun violence due to a serious mental illness. It’s pertinent that 51% of people who commit suicide do so with the use of a firearm. That’s from the Federal Department of Justice. Virginia currently has some of the most lax gun laws in the country. We are known as a gun running state with countless guns bought in our state and sold on the streets in other states. We need to limit the number of handguns that a person can buy each month. How can that, or universal background checks, adversely affect a well-regulated militia? This resolution, if approved, would undermine the rule of law. You would actually tell your law enforcement professionals to ignore laws of the Commonwealth of Virginia that may or may not be passed in the 2020 Virginia General Assembly session? Those advocating for this resolution are seeking sanctuary from the law. What would be next? If somebody doesn’t like county speed limits, would there be an effort for Roanoke County to become a speed limit sanctuary? While merely symbolic, because of Virginia’s Dillon rule, this resolution would undermine the rule of December 3, 2019 500 law, and I ask you not to embarrass the citizens of our county by approving a resolution that is about histrionics and hysteria. Katherine Cable stated, “I am actually a resident of the city, but some of your county residents felt to come yesterday to my Roanoke City meeting, so I'm returning the favor, and I’ll keep it very brief because I’m a city resident. I just want to let you know that I intend to encourage businesses to locate in a safe locale, where gun laws will be respected and enforced, where, if you have a, sorry the echo is a little distracting . . . so my point is I intend to encourage businesses, and I’m sure Roanoke City intends to encourage businesses, to locate to the city instead of the county, that we intend to recruit residents and young families on the basis of, you know, you will not be going to school with other school children who will have easy access to firearms to bring to school or to commit violence against your children. In Roanoke County, you’ve had multiple, you’ve had multiple, you’ve had multiple, middle schoolers die by gun suicide, and I know you’re aware of this. Gun access amongst our children is a serious problem. And Roanoke City intends to address this serious problem by taking up and following new gun laws on child access prevention and working to prevent children from having access to firearms. These are the kinds of safety and common sense provisions that are being put forth. And I truly believe that Roanoke City has a growing populace. We have a younger, more vibrant city than we ever have for quite some time. Roanoke County is losing residents. You’re aging faster than the city. Ask yourself, is this the kind of resolution that will bring young people to your city, or to your county? The very age of this room should tell you something. Thank you. Bill Brown of 3767 Harborwood Road stated, “I appreciate the opportunity to speak. I just got a couple of things that kind of come up with listening to the comments. A lot of people have said that this is a symbolic gesture, which it’s really not. What it is that our tax dollars are not going to be used to tear down the Second Amendment, so it’s not symbolic at all, it means something, and it’s important that our tax dollars are not used for that. And some of the things that they’re proposing are just, I mean, I don’t know who thought these things up, about especially I heard the one gentleman talk about how that if he can’t train anybody anymore because it will be a class 6 felony. And, I mean, to get better gun control, you need better knowledge, you need better training. If anything they should pass laws that require better training. They should pass laws that kids in schools are trained with guns. They have driver’s ed in school, why not have gun education in schools? So there’s a lot of things that people are not looking at that they should look at. One of the other ladies said that she heard that somebody was, somebody had fear. But the only real fear I have is that the working class is not going to be heard anymore. Thank you for your time.” Vanetta McAlexander of 1845 Bridle Lane stated, “I shot guns at such a young age, that much to the delight of my brothers, I didn't know the difference between a shotgun and a rifle, nor the resulting kick between the two. I like skeet shooting, I’ve shot an AR-16 and an M-14. I have taught in school and certified several thousand young folks in hunter safety classes. I am familiar with guns, and I am not against gun December 3, 2019 501 ownership. But just as I’m not a proponent of unregulated access to many things, and I’ll just use vehicles as an example, I’m not a proponent of unregulated access to guns. We have people in this room saying they don’t want laws passed in Richmond to be followed, but I’ll bet I could ask them if they could tell me what those laws are, and I’ll bet if we went through with them one by one, they would agree that that law’s not bad. Now in the interest of time, let me just do a couple of them. Allowing extreme risk protection orders. So if someone threatens to kill themselves or their wife or children, their guns can be temporarily taken. Making it illegal to recklessly leave loaded firearms around children. Now that’s a law that you just couldn’t get behind, right? Letting localities regulate whether guns are allowed in government buildings. So this group here, with all the hostility evidenced in this room and the one upstairs, could say that no guns are allowed in that room. Many of us use an illogical argument that if any laws are made, it might lead to our guns being taken away so we can’t support any laws. If we did that for other aspects of our life, again, using cars as an example, we’re saying that someone continually convicted of drunk driving can’t have their license removed because it might lead to all of us losing our licenses. That argument has the same merit as the one we’re using with guns. No merit. I'm embarrassed that supervisors and constituents where I live would even agree to consider a resolution encouraging our elected officials to break the law by not enforcing the laws. We’re allowing the very organization, the NRA, that began to, the reason it began was to teach marksmanship to the militia, and that more recently sponsored my gun safety classes, and that now only exists to appease the gun manufacturing lobby, we’re allowing that organization to use scare tactics to lead us as though it is the pied piper and we are its unthinking followers to bring up resolutions such as this. But we elected you to represent all of us and to be smarter than this. If these folks want to be the rats and unsuspecting children that followed the pied piper, I ask that you not be the sheep bullied by them into passing this ridiculous resolution. Thank you.” Connie McKay of 4400 Old Catawba Road in the Catawba District stated, “I also have a home in the Roanoke City which unfortunately was a black mark, as some people are saying, as yesterday’s lack of courage to vote on this. My husband is a disabled vet of almost 21 years and I served right along with him. And I believe that this county should be a sanctuary. The reason I believe that is because he fought for the freedoms of all of the Constitution. The Second Amendment is very important, because as soon as you drop this, or you let this not be a sanctuary city, it is a slippery slope before they take your next right away from you. I believe that Roanoke County should be a sanctuary city. There is a lot of people out here with a lot of guns, and I believe that if you think that the schools will not be protected is delusional because there’s going to be crime and people that are going to be getting guns all over the place. Why take it away from the law abiding citizens? We deserve better than that. By sitting there having somebody in the north, in Roanoke, I mean in Richmond, sit there and tell us that we can’t own our guns, that is just, it’s delusional to think that it’s going to stop a crime. Taking the guns is only going to bring in more crime. Sorry, I believe that. So for these December 3, 2019 502 people that sit there and say that the age in this room, it shows wisdom, because there is hundreds of people which the media does not see, is those rooms up there are standing room only for the people that are believing in the sanctuary cities. I believe it is your responsibility as us that had put you there to listen to your people, and we are saying that we want a sanctuary city. Roger Dixon of 3746 Bradshaw Road in Salem, Virginia, in Roanoke County stated, “I want to talk a little bit about the history and what we can learn from history, and what’s been forgotten about history. The Roman Empire was one of the greatest of all times. The Roman Empire had the best troops, had the best equipment, had the best leaders, had the best supply line. Due to the politics, the Roman Empire fell apart from the inside, it destructed itself. In 1938 Adolph Hitler informed the German citizens that it would be in their best interests for them to bring their firearms down to the police station, have them register it, and that way if there’s any kind of crime committed, that we could find the criminals. By 1943, they had confiscated all the guns. And on his way to confiscating all the guns, he went ahead and almost captured all of Europe with the exception of Switzerland. Switzerland had enacted a law that says all citizens are required by law to own a firearm. Let’s go back to why Hitler was elected to his leadership position. People often ask why would somebody elect a man like Adolph Hitler into power. Well, Adolph Hitler didn’t sound like a dictator when he was running for office. He sounded like an American politician. I’d like to fast forward to my young years in the 70s, sitting on the front porch on Independence Day. My uncles would come in, and they would tell stories. They took us all around the world, the liberation of France, to the Pacific where my uncle was shot shooting down kamikaze pilots crashing planes into the side of the USS Hornet, it was later shot by a torpedo, sunk to the bottom of the Pacific. My uncle survived the shark infested waters only to come home to Wytheville, Virginia and drink himself to death. I also answered the knock on the door at 3:00 a.m. at Fort Bragg, North Carolina. ‘Where we going, don’t worry about it, you’ll get the word, grab your rucksack, discharge, get your weapons out of the armory, we’ll let you know.’ I did what I had to do to put the stop to Communism, Socialism, with the Russians and the Cubans in the West Indies. I hope that this is not what it’s come to in the United States to have to come in here and beg the Board Members to protect our Constitutional rights. God bless our troops in the United States military, God bless our commander in chief, and God bless the United States of America.” Thomas Whiter of 6295 Martindale Avenue stated, “I just wanted to, I’m not very well prepared, but I wanted to talk to you all. I’m not originally from here. One of the reasons I chose Virginia was because of the Second Amendment rights that we have. I come from a country where we don’t have Second Amendment rights, or if we do, they are very, very hard to get. I think it’s very important. I’ve seen what’s happened in the U.K. I’ve seen violent crime. I was in school when we had a school shooting, not at that school, but I was in school, going to school at the same time, and what they did back in the 70s and the 80s was they made sure that everybody registered their firearms, and then what happened was, is that after we had the school shooting, they December 3, 2019 503 went round and knocked on the doors of everybody who had firearms, and they said, you’ve got to hand them in in six months, if you don’t, we’re locking you up. And what happened was violent crime went up 400%. It’s a big problem, it’s something that’s very near and dear to my heart. I’ve got two little girls. I train with them. I was in the British military. I later worked with the U.S. military as a contractor, a defense contractor. I’ve been to lots of not so nice countries where they don’t have the rights and freedoms that we have to. They are oppressed by the dictators of their countries, and I can see the potential for a country that doesn’t have firearms rights for that to be a slow creep. I don’t think it’s something that’s just going to happen overnight, but today we’ll be talking about 10 rounds, magazine capacity rounds, and then it might be that in my children’s generation, they might be standing here trying to defend a five round magazine. Or maybe it will be everybody’s down to revolvers. As my daughters grow up, women are lots of fantastic, wonderful attributes that women have. I believe a lot of women are very, very clever. My daughters are a lot smarter than I am, they pick up on a lot of things that I don’t. But they are the fairer sex. They are not strong as the average man. And I want them to be able to defend themselves. If somebody were to break in, and it’s the middle of the night, I would want them to be able to defend themselves against that. I’m a big guy. A lot of people move out of the way when I walk down the road. When I’m an old man, I want to be able to protect myself because I’m going to become old and frail too. And it might be that I need more than a 10 round magazine. If there’s several people that come in and they’re hopped up on some kind of drug, should a law abiding citizen not be allowed to protect themselves? Should we not be allowed to train so that we’re proficient with those firearms? I think these are all very important things, and I hope that you guys consider that today, and I hope that you decide to let this become a sanctuary county. Thank you for your time.” Sergeant Matt Surrenant of 8005 Xenon Drive stated, “I’m a combat medic with the United States Army, and I’ve been faithfully serving my country for the past 14 years. I’m also a licensed personal protection specialist through the DCJS, and I carry a firearm every day for work. I’ve served in Afghanistan with the 82nd Airborne Division from 2010 to 2011, been deployed all over the world in service to this great country. I’m highly trained and proficient with firearms and as such wish to speak to you today regarding the unconstitutional laws that the Democrats are trying to push upon law abiding citizens. Since our country’s founding, the Second Amendment has been interpreted no other way than it was meant to be interpreted. Allow me to recite it for you: “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.” I have a very hard time accepting this to be interpreted any other way than what one of our founding fathers James Madison intended it to be. In Federalist Papers No. 46, Madison wrote how a federal army could be kept in check by state militias, a standing army would be opposed by a militia. He argued that state militias would be able to repeal the danger of a federal army. It may well be doubted whether a militia thus circumstanced could ever be conquered by such a proportion of regular troops. He contrasted the federal government December 3, 2019 504 of the United States to the European kingdoms, which he described as “afraid to trust the people with arms” and assured that the existence of a subordinate government forms of a barrier against the enterprise of ambition. Knowing this, I have to doubt the mental competence of any elected leader who blatantly disregards these facts and pursues a way to disarm a free people. It fits an evil agenda, and if these laws pass, I assure you many more greater evils will soon follow. These proposals are a slap in the face to the men and women who have fought and died to uphold their oath to defend the Constitution against all enemies, foreign and domestic. Today I not only ask that you make Roanoke a safe haven for patriots that believe in our Constitutional rights, I also call upon you to unify against these criminals who would try to disarm us. Send a letter to Richmond and ask for the impeachment of anyone trying to deface our great nation’s Constitution. You owe it to your children and all of the citizens who elected you, whether they agree with this stance or not, to uphold your oath to the Constitution. For now, I can only pray that this evil is put to rest and our nation’s history of proud firearms owners can continue to freely express their God-given rights. Remember, all that is necessary for evil to thrive is for good men to do nothing. Thank you for your time and God bless.” Jason Glass of 5212 Sundance Road, Salem, Virginia, stated, “I’m about to go on camera and admit that I am willing to become a Class 6 and Class 5 felon in the near future, which will invoke the Red Flag Law if somebody so sees fit. Under a lot of these regulations, if you take the magazines and the AR15s, if I had grandchildren, they would never get out of jail, if you counted each one. I’m here to tell you why I need an AR15.Genocide is the intentional action to destroy a people. Since 1900, 57 million people have been killed by their governments. Not that I have anything against government; it is a necessary evil. And I think that we do it, but it ought to be restrained. And it ought to be restrained by the Second Amendment. I am a part of the Virginia Militia. Anyone who is in this state who has a gun is considered a part of the Virginia Militia, and I’ll read that to you: The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able-bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into three classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; and the unorganized militia. That would be the 2.5 million gun owners in this state. Now let that sink in. Thirty percent of this state, roughly 25 percent would—all of the guns they own will become illegal under most of these regulations. It’s ridiculous. I, for one, will not comply. Period. Don’t know what that means for my life, and I have a good one. I live in a wonderful country and in a wonderful state. We live in a place where you can worship whoever you want, where you can whatever you want, where you can be whoever you want to be no matter where you’ve been at in life. If you decide to, you can make a good life for yourself here. And I think that those things are guarded by the Constitution. And December 3, 2019 505 although I have not been to law school, I am fairly certain that any law passed which goes against the Constitution is null and void. And any person who has sworn their allegiance to and their oath to the Constitution can disregard that law. Thank you very much.” Douglas Coordes of 7887 Hollins Court Drive in Roanoke County stated, “As a former military officer, competitive small bore and high-power rifle shooter, and father of four daughters, I urge you to make Roanoke County a Second Amendment sanctuary. By the way, two of my daughters did decrease the deer population over the weekend. The reasons are as follows: 1) The Code of Virginia, 44-1 Composition of a militia. “The militia of the Commonwealth of Virginia shall consist of all able-bodied residents of the Commonwealth who are citizens of the United States and all other able- bodied persons resident in the Commonwealth who have declared their intention to become citizens of the United States, who are at least 16 years of age and, except as hereinafter provided, not more than 55 years of age. The militia shall be divided into three classes: the National Guard, which includes the Army National Guard and the Air National Guard; the Virginia Defense Force; and the unorganized militia. With the laws which are being proposed by the state legislature, the proper arming of the unorganized militia would be greatly curtailed as historically the militia members were required to provide their own weapons 2) The laws being proposed would only affect law-abiding citizens of the Commonwealth. Those who have evil in their heart to do dastardly deeds will not be concerned with following the laws. 3) Home invasions typically involve multiple intruders against a single homeowner. I do not want my ability to protect myself or my family being hampered by the number of bullets which I may have in my firearm. 4) The provisions in the proposed laws would drastically affect sport shooters and hunters. The AR rifle—which stands ArmaLite rifle and not assault rifle—is used in competitive and sports shooting. The cost to modify such a rifle to meet the proposed laws is equivalent to the cost of a new rifle by the time you pay for parts and gunsmith services. Hunters and shooters have collapsible stocks. It always the firearm to grow as they do. Pistol grips, thumbhole stocks, classical stocks, and flash suppressors are mere cosmetics and do nothing to affect the actual functioning of a firearm. In conclusion, I know that we shall be legally bound by the laws which are passed by the Virginia Legislature. But if Roanoke County joins with other counties in declaring itself a Second Amendment sanctuary will further help send a message that our rights to keep and bear arms should not be infringed upon. Thank you.” Randall Horton of 324 10th Street in Vinton stated, “I thank you for the opportunity to come before you today to speak on the concerns of the people of Roanoke County and the town of Vinton. Yesterday, I and many others spoke before the Roanoke City Council. Unfortunately, our words fell on deaf ears having already made the decision before the hearing even started. Before even hearing a single person speak they’d already made their minds up. The major rendered his decision without even a moment’s deliberation. His decision was to just not even address it, to do absolutely nothing. And I pray that this is not the case here in Roanoke County. By now December 3, 2019 506 you’ve heard people who have presented statistics and facts concerning the Constitution, the rule of law, and the complete and utter ineffectiveness of gun laws on the criminal element, and how such laws only affect and diminish the protection of responsible, honest, and law-abiding gun owners. I come to you today as a minister and representative of our Heavenly Father, as well as the people of Roanoke County and Vinton. I never thought in my lifetime that the citizens of this country would have to turn to local, city, and county governments for the protection against tyranist \[sic\] and unconstitutional laws imposed by the state. It’s been said guns don’t create a sanctuary. We seek not to create a sanctuary with guns, but a sanctuary to protect our right to keep and bear them. Set forth by our founding forefathers who knew if we lose our Second Amendments right our First Amendment rights will soon follow. And then others after that. It’s been said guns take the lives our children. The guns themselves take the lives of no one. We took prayer and even God Himself out of our schools. We abandoned the teachings of righteousness, respect, responsibility, God, and country, replacing them with a culture where violence is glorified in music, on television and entertainment. And then allow these things to raise and teach our children. But this is what’s \[unintelligible\]. And wonder why they kill each other in school and on the street. Rather than place the blame in the home where it belongs, they blame it on the guns. My daddy gave me my first rifle when I was eight years old. Taught me to use it responsibly. Taught me respect. When I did wrong, he patted my behind. I still have that rifle. And in almost fifty years, that rifle nor any other firearm that I own has ever harmed another person. Thank you. And I ask that God help you in your decision, and God bless you all.” Jacob Cochran of 723 Delaware Street stated, “Hello Council, everyone. I’m no public speaker. I’m not good speaking in front of crowds, whatnot. But our Second Amendment clearly states that a well-regulated militia being necessary to the security of a free state. The right of people to keep and bear arms shall not be infringed, and infringed, that’s actively breaking terms of \[unintelligible\] agreement. This is unlawful and in direct violation of our constitutional rights. And it is our God-given right. Jesus said, Luke 22:36, “But now whoever has a purse or a bag must take it, and whoever does not have a sword must sell his cloak and buy one.” Luke 11:21, “When a strong man fully armed guards his own house, his palace and goods are safe.” And I’m going to go back to what George Washington said, “A free people not only be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them,” which would their own government. If y’all do not pass this for Roanoke County to become a Second Amendment sanctuary, y’all would be breaking an oath. Y’all took an oath to protect our laws and our Constitution. It’s just kinda crazy that these people have to take time out of their days to come out here and argue this because it’s honestly insanity. People need to keep and bear arms. That’s all I have to say.” Ryan Brook of 5455 Winterset Drive stated, “It’s at Cave Spring, part of Supervisor Assad’s district. I want to thank the chairman, vice chairman, and December 3, 2019 507 supervisors for allowing us to speak today. I’ve been a Roanoke County resident since the day I was born. I served in the Army. Currently an Army officer for the last eight years. And more importantly, I’m a citizen of the U.S., though, under the Constitution and the Bill of Rights and subject thereto. I’ve worked with the County before with some of the past County attorneys, Attorney Mahoney and Kuhnel. Worked with Supervisor Assaid on some of these gun issues and tried to get the County to straighten out some of their code that had fallen behind times. I believe the Board has made a lot of corrections to that code and has even reduced the concealed handgun permit fee, thankfully, although not quite to the low level we would have liked. There are so many state and federal laws already on the books. And gun owners are not against illegal uses of firearms by criminals; we want the criminals prosecuted. But that is not on the firearm that caused the crime; it is on the criminal. And criminals do not follow the law. Kneejerk emotional reactions to try and prevent gun violence using some of these, quote, common sense laws, do nothing for actually preventing the shootings, but create more burden on the law-abiding citizens. Usually this wanting to pass more gun laws to help prevent shootings from a good place with good intentions. But when was the last time you saw a criminal follow the law? Inherently they don’t; that’s what makes them a criminal. There is no statistical evidence to suggest that more gun control laws will lower crime. Many more gun laws have been past and never rescinded. And there are so many on the books already. Any further laws to limit our right to keep and bear arms is simply unacceptable. Every compromise has been gun owners’ rights further infringed upon while the Democrats or those wishing for the feel-good laws to be passed get what they wanted. Although some courts have ruled these proposed laws as constitutional, historically those courts have not used strict scrutiny under which many other rights are judged upon. Already proven ineffective and some even ruled in conflict with the Heller decision include assault weapons bans, which was highly cosmic; magazine capacity limits and one-handgun-a-month laws; and gun-free zones. People arguing that back in the day they had muskets not the technological firearms we have today are ill informed because they did have pepper-box revolvers and other high-capacity firearms back in the day. And Adams even said that the Second Amendment was applicable to owning a canon for a normal civilian. Universal background checks do nothing but de facto registration red flag gun laws though well-intentioned do nothing but unlawful confiscation without due process. I’m closing. Second Amendment sanctuaries show Richmond that their level of disconnect with the majority of their state based on their currently proposed gun legislation. Thirty-one counties out of ninety-four in Virginia are now Second Amendment sanctuaries, which is a third of the state just about. That says something. Show you listen to the majority of your constituents who showed up today and honor your oath as an oath keeper not an oath breaker to the Constitution. I took an oath in the Army to uphold and defend the Constitution of the United States. And so help me God, I will. I implore you to pass this sanctuary resolution and make Roanoke County a Second Amendment sanctuary. Thank you.” December 3, 2019 508 Jonathan Payne of 532 Dexter Road stated, “As an average American citizen, I conduct myself towards my fellow man in kindness and longsuffering, seeking not conflict but harmony in all that I do, believing not in hate of violence as an effective means of resolution, rather in communication and debate. These things being true, I do, however, harbor deeply within my heart and soul for acts of willful injustice a hatred, abhorrence, and righteous anger so great that it is for this specific reason that I speak today. For the Founding Fathers were abundantly clear: The right of the people to keep and bear arms shall not be infringed. In spite of these great words, we stand now on the edge of the greatest injustice any member of mankind can know. Let not the direness of this situation be lost on any among you today. Make no mistake. The Second Amendment does not exist purely for the purpose of hunting or self-defense. These are but mere benefits. The true purpose of our God-given right affirmed by the United States Constitution is outlined in our great Declaration of Independence. Quote, “But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.” We the American people are being disarmed for one reason and one reason only: because a corrupt government cannot stand while there are good men with the means to resist it. The evil powers that be are not after your guns; they’ve after your freedoms. For they see absolutely domination and power over you. Your weapons, your courage, and your convictions are all that stand in the way of ultimate evil. If we do not resist now in times of relative peace, we will be powerless to fight in times of absolute tyranny. We have in place a system of government intended to represent the wishes of the people, which is why it is imperative that you, the members of local government, hear now the wishes of the people as we make them known loud and clear. For the truths that we hold to be self-evident are being forcibly taken from us. As public servants of the American people, it is your civic duty to listen to our pleadings and act according to morality and natural law, laws granted to us by God and affirmed by the founding documents of our great nation. True American patriots, of whom there are many amongst us today, stand at the ready, ever watchful. For if our system of government fails to uphold our natural rights by protecting us from wicked usurpations, the security of freedom then falls upon American patriots. For patriots are the true guardians of freedom and the final line of defense against absolute tyranny. And while a Second Amendment resolution now may only postpone the inevitable evil being brought upon us by the traitors in power, it does buy us more time to live peacefully. However, if you fail your God-appointed duties to represent the people whom you serve, then you will have willfully failed the only civil means of the people to reach peaceful resolution. And this is my last paragraph. So I implore you, the members of the Board of Supervisors, you must vote to protect our God-given rights to keep and bear arms. For without a means December 3, 2019 509 of defense, all other rights are subject to removal. For if you fail today, if you stand on the side of evil by allowing the natural rights of every citizen you serve to be stamped out, your dereliction of your duty will be an unmistakable signal to the American people that you have willfully and recklessly abandoned your sacred oath to uphold the true founding law of the land. And in doing so, the responsibility of protection of a free state falls from your hands into the hand of every American patriot. Thank you.” RESOLUTION 120319-1 DECLARING ROANOKE COUNTY A SECOND AMENDMENT SANCTUARY COUNTY WHEREAS, the members of the Board of Supervisors have taken an oath to defend and uphold the constitutions of the United States and Virginia; and WHEREAS, the Second Amendment to the United States Constitution 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, Article I, § 13 of the Virginia Constitution reads: “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, the Board is concerned that certain legislation pre-filed for introduction in the 2020 Virginia General Assembly, and certain legislation that has been introduced in the United States Congress, may have the effect of infringing on the rights of law-abiding citizens to bear arms, as guaranteed by the United States and Virginia Constitutions; and WHEREAS, the Board is concerned that passage of these bills, imposing unnecessary burdens on law-abiding citizens and inviting further regulations and burdens, and if to be enforced by local officials, will impose on the County unfunded mandates, whether as a formal mandate or as a practical requirement of enforcing the law; and WHEREAS, the General Assembly has expressed its intent, in Section 15.2-915 of the Code of Virginia, 1950, as amended, that rules, regulations, and administrative actions “governing the purchase, possession, transfer, ownership, carrying, storage or transporting of firearms, ammunition, or components or combination thereof,” other than workplace rules or other actions “expressly authorized by statute,” is an exclusive preserve of State government; and WHEREAS, local law enforcement is the responsibility and preserve of the Chief of Police, the Sheriff and the Commonwealth’s Attorney; and the Sheriff and Commonwealth’s Attorney are independently elected officers under the Virginia Constitution; and WHEREAS, nevertheless, the Board wishes to express its sentiments, together with the sentiments of the Roanoke County community as a whole, with regard to this December 3, 2019 510 important matter, and its continuing intent to take lawful action to protect these important rights. NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ROANOKE COUNTY, VIRGINIA, that: 1. Roanoke County is hereby declared a Second Amendment Sanctuary County, wherein the rights of law-abiding citizens to keep and bear arms for the purposes of lawful self-defense, community defense, and hunting, as protected by the United States and Virginia Constitutions, is part of the fabric of the community since before the foundation of the Republic, and is and must be respected and celebrated; and 2. Roanoke County urges the General Assembly, the United States Congress, and other agencies of State and Federal government not to adopt, accept, or enact any provision, law, or regulation that may infringe, have the tendency to infringe, or place any additional burdens on the right of law-abiding citizens to bear arms; and 3. Roanoke County expresses its intent to continue to take lawful actions to protect and support the rights of its citizens to keep and bear arms as guaranteed by the United States and Virginia Constitutions; and 4. Roanoke County opposes, in particular, any provision, law, or regulation that may impose additional regulatory burdens on its citizens or result in mandates, whether mandatory or practical, to expend additional public funds on enforcement or administration of such laws, or to require the constitutional officers of the locality to do so; and 5. The County Administrator is directed to cause true copies of this resolution to be forwarded to the County’s representatives in the General Assembly and the United States Congress, and to the Governor of Virginia; and 6. This resolution is effective upon adoption. On motion of Supervisor Peters to adopt the resolution, seconded by Supervisor Radford and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None IN RE: PROCLAMATIONS, RESOLUTIONS, RECOGNITIONS AND AWARDS 1. Recognition of Roanoke County Public Library as one of 10 Top Innovators of 2019 (Shari Henry, Director of Library Services) IN RE: BRIEFINGS December 3, 2019 511 1. Briefing to discuss with the Board of Supervisors the 2020 Real Estate Assessment and Roanoke Valley Economic Conditions (Kenneth Fay, Director of Real Estate; Meredith Thompson, Budget Division Director; Steve Elliott, Budget Manager) Briefing was given. IN RE: NEW BUSINESS 1. Resolution adopting a Legislative Program for the 2020 session of the Virginia General Assembly and petitioning the General Assembly to favorably consider the topics and issues addressed herein (Peter Lubeck, Acting County Attorney) Mr. Lubeck introduced Eldon James and went over the changes made after the agenda was published. Chairman North commented with regard to SmartScale funding, we had a dialog with Senator Newman back in August. We need to go back and revisit that. What we are really asking for is a revisit on the calculation. Delegate Thomas was walking encyclopedia of information and hopes that we can get some of that before he goes off to retirement. Mr. James advised he has worked with Delegate Thomas and his spiel from last year that dealt with return on investment and provided it to Delegate McNamara. He is looking really hard at that and we will continue. He will see Delegate Thomas at a meeting tomorrow and he will follow-up. Chairman North stated as far as certain comments our stance in the agenda on SmartScale was a tax increase is incorrect. We are saying there are funds laying around somewhere else and let’s put some of them back into SmartScale so that maybe SW Virginia can get a little bit more than we have in the past. Mr. James advised there is nothing in the County’s platform that asks for a tax increase. Chairman North agreed and commented that some people read that into and he just wanted to set the record straight. RESOLUTION 120319-2 ADOPTING A LEGISLATIVE PROGRAM FOR THE 2020 SESSION OF THE VIRGINIA GENERAL ASSEMBLY AND PETITIONING THE GENERAL ASSEMBLY TO FAVORABLY CONSIDER THE TOPICS AND ISSUES ADDRESSED HEREIN WHEREAS, the Board of Supervisors of Roanoke County, Virginia, has identified major legislative issues of local and statewide concern to be considered by the 2020 session of the Virginia General Assembly; and December 3, 2019 512 WHEREAS, the Board adopts this resolution as its Legislative Program for the 2020 session of the Virginia General Assembly. NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, that the following initiatives are submitted as its Legislative Program for the 2020 session of the Virginia General Assembly, for its favorable consideration and adoption. TABLE OF CONTENTS 1. Transportation ………………………………………………………………….. 2 2. Economic Development………………………………………………………... 3 3. Health and Human Services………………………………………………….. 3 4. Education …..……………………………………………………………………. 5 5. Public Safety …………………………………………………………………….. 6 1. Transportation a. The County supports expedited action to address the causes for declining growth in transportation revenues and to develop recommendations to grow revenue over time to meet increasing demands for new construction and maintenance for existing transportation infrastructure. Such action must address the secondary road needs of counties throughout the Commonwealth, as such funding has been vastly reduced over the past 10 years. b. The County supports directing additional funds to SMART SCALE, as the available funding has decreased almost 40 percent between Round One ($1.4 Billion) and Round 3 ($850 Million). Further, the County supports changes to simplify the Smart Scale process for allocating transportation funds to reduce time and costs to prepare and review applications. c. The County requests continued study and consideration of projects to improve U.S. Route 460. d. The County encourages continued funding of the Capital Improvement Projects identified in the I-81 Corridor Improvement Plan; completion of this project is imperative to the VDOT Salem District to improve safety, reliability and economic development potential. e. The County opposes any legislation that seeks to increase truck size or weight beyond the current federal standards, thereby stressing the capacity of the Commonwealth’s road systems and putting highways, roads, and bridges at risk of increased damage or deterioration. 2. Economic Development a. Broadband i. The County urges the Commonwealth to provide adequate funding assistance to counties to build the necessary telecommunications infrastructure to deploy universal affordable access to the internet for all areas, particularly in underserved rural areas. December 3, 2019 513 ii. The County supports legislation that provides additional tools for counties to finance, build and operate open access networks in partnership with commercial internet service providers. iii. The County encourages the Commonwealth to increase funding for grants provided through the 2020 Virginia Telecommunications Initiative (VATI). 3. Health and Human Services a. Children’s Services Act i. The County supports enhancing the ability of local school divisions to serve children with disabilities in their neighborhood schools, to include flexibility in use of state pool funds to serve children with high-level needs in local or regional programs tailored to meet those needs, and additional support for special education wraparound services to help support children in their communities. ii. The County supports legislation to allow public schools to establish and fund (together with the local governing body and school board) special education programs (and related services) within public day schools. iii. In the alternative, the County requests that the Department of Education develop a pilot program, in certain local school divisions, allowing a process for redirecting federal, state and local funds (including CSA funds), for the purpose of providing services currently offered in a private day setting in the public school setting. b. Mental Health i. The County strongly supports a sustained focus by the state on Virginia’s mental health services system to ensure, through evaluation and investment, that appropriate and effective outpatient and in-patient services are available across the Commonwealth. ii. The County encourages reforms that provide for alternative placement for local jail inmates with serious mental health issues which should not be left to be addressed by jail personnel. iii. Catawba Hospital currently serves the needs of the local and regional public safety agencies, jails, and community hospitals by providing accessible in inpatient emergency services for community members in crisis. Catawba Hospital’s services are unique and essential; it provides geriatric services to approximately half of geographical area of the Commonwealth in addition to the regional needs of adult consumers with serious mental illness. The County supports legislation that would appropriate necessary and vital funding for Catawba Hospital to expand its capacity to meet the ongoing emergent needs of the Commonwealth. 4. Education December 3, 2019 514 a. The County urges the General Assembly to provide full state funding for public education (k through 12). Full state funding should be achieved without reduction to other parts of state public education budgets or to other core local services. b. The County requests elimination of the Support Staff Funding Cap. The support staff cap, which was implemented during the Great Recession, disproportionately limits local capacity to serve students with special needs, at-risk students, English learners, and other challenged populations. Positions such as Mental Health Specialists, Instructional Assistants, and other classroom supports are a cost-effective way to put caring adults in the lives of our most needy students, but the Support Staff Funding Cap arbitrarily excludes the actual cost of educating challenged populations. The funding for these critical positions currently falls completely to local school divisions. Legislative action is requested to remove the funding cap on such positions. c. The County supports legislation to increase funding for teacher compensation. County schools and school divisions across the Commonwealth face both quantity and quality issues regarding the recruitment and retention of teachers and other professional staff positions. d. The County supports increased licensure flexibility. To assist local school divisions in attracting and retaining qualified and effective teachers and other staff, positions in the Standards of Quality should be funded by function (for example, curriculum development and support, instructional technology, school leadership, student support) rather than individual position title. Division superintendents also need the flexibility to hire effective teachers to teach in hard-to-fill content areas, regardless of rigid state licensure requirements. 5. Public Safety a. The County opposes proposals to extend the time frame during which an emergency custody order remains valid; any extension beyond the present 8-hour period would be to the detriment of the individual suffering from mental illness (by delaying needed treatment), and would unreasonably burden local law enforcement officers (who would continue to retain custody and provide supervision of the individual). b. The County affirms its commitment to citizens’ Second Amendment rights (memorialized in the Second Amendment of the Constitution of the United States and Article I, Section 13 of the Constitution of Virginia) , and opposes gun-control measures that would unconstitutionally infringe upon the rights of County citizens to bear arms. The County’s position on this issue is more fully set forth in Resolution 120319-1, considered by the Board on December 3, 2019. December 3, 2019 515 On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 2. Presentation of Year End Financial Results for June 30, 2019, acceptance of audit report and allocation of year end funds (Laurie Gearheart, Director of Finance and Management Services) A-120319-3 Chris Banta, Partner with Broward Edwards provided an overview of the audit. There was no discussion. Supervisor Peters’ motion to accept the June 30, 2019 year-end audit and allocate year-end funds was seconded by Supervisor North and was approved by the following vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None IN RE: SECOND READING OF ORDINANCES 1. Ordinance approving a lease with AMC Investors, Inc. for placement of County Communications and Information Technology infrastructure (Bill Hunter, Director of Communications and Information Technology) Mr. Hunter advised no changes since the first reading. There was no discussion. ORDINANCE 120319-4 APPROVING A LEASE WITH AMC INVESTORS, INC. FOR PLACEMENT OF COUNTY COMMUNICATIONS AND INFORMATION TECHNOLOGY INFRASTRUCTURE WHEREAS, the County provides public safety services to its citizens and needs to place various communications equipment at non-County locations to facilitate communications throughout the County; and WHEREAS, given the topography of the County, such equipment is most effective when placed on elevated locations, such as mountain peaks; and December 3, 2019 516 WHEREAS, the County has identified Brushy Mountain as a viable spot for placement of Communications and Information Technology (COMM-IT) equipment to support the public safety radio system; WHEREAS, the County has re-negotiated a long-standing contract with a County landowner for a ground lease on Brushy Mountain for such equipment; and WHEREAS, such a lease will provide tangible and intangible benefits to the County as it provides public safety services to persons in the County; NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That pursuant to the provisions of Sections 2.01 and 2.03 of the Charter of Roanoke County, the County is authorized to acquire property, including the lease of real estate; and 2. That pursuant to the provisions of Section 18.04 of the Charter of Roanoke County, the acquisition of any interest in real estate shall be accomplished by ordinance, the first reading of this ordinance was held on November 19, 2019, and the second reading of this ordinance was held on December 3, 2019. 3. That the execution of a Lease Agreement (“Agreement”) with AMC Investors, Inc., to lease a certain parcel of land on Brushy Mountain is authorized. 4. That the lease term shall commence on January 1, 2020, and continue through December 31, 2020, unless terminated as provided in the Agreement. 5. That the rent shall be $300 per month during the term of the Agreement. 6. That the County Administrator, or an Assistant County Administrator, is authorized to execute such documents and take such actions on behalf of the Board of Supervisors in this matter as are necessary to accomplish the lease of this property, all of which shall be approved as to form by the County Attorney. 8. That this ordinance shall be effective on and from the date of its adoption. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 2. Ordinance approving the purchase of 30 Chestnut Ridge Road (Tax Map Number 080.00-05-19.02-0000) from Elizabeth Austin Talbott and authorizing the execution of a Contract of Purchase, Vinton Magisterial District (Doug Blount, Director of Parks, Recreation and Tourism) Mr. Blount advised there were no changes since the first reading. There was no discussion. December 3, 2019 517 ORDINANCE 120319-5 APPROVING THE PURCHASE OF 30 CHESTNUT RIDGE ROAD (TAX MAP NUMBER 080.00-05-19.02- 0000) FROM ELIZABETH AUSTIN TALBOTT AND AUTHORIZING THE EXECUTION OF A CONTRACT OF PURCHASE WHEREAS, Elizabeth Austin Talbott owns one parcel of real estate property situated on 30 Chestnut Ridge Road, Roanoke County, Virginia, bearing Official Tax Map Numbers 080.00-05-.02-0000, which contains 2.0 acres; and WHEREAS, Elizabeth Austin Talbott is desirous of selling the Property to the County of Roanoke (the "County") and the County is desirous of acquiring the Property for the purposes of developing, constructing, operating and maintaining a public park and trail system; and WHEREAS, a purchase agreement has been prepared between Elizabeth Austin Talbott and the County, providing for the purchase of the property in “AS IS” condition at a total purchase price of $50,000 for the above-mentioned parcel located at 30 Chestnut Ridge Road; and WHEREAS, this ordinance authorizes the purchase of 30 Chestnut Ridge Road parcel, upon the terms and conditions set out in the above-mentioned Purchase Agreement; and WHEREAS, Section 18.04 of the Roanoke County Charter directs the acquisition and conveyance of real estate interests be accomplished by ordinance; the first reading for this ordinance was held on November 19, 2019. The second reading of this ordinance was held on December 3, 2019. NOW THEREFORE, BE IT ORDAINED by the Board of Supervisors of Roanoke County, Virginia, as follows: 1. That the purchase of a 2.0 acre parcel located 30 Chestnut Ridge Road (Tax Map Number 080.00-05-19.02-0000) from Elizabeth Austin Talbott, upon certain terms and conditions as set forth in a Purchase Agreement, is hereby approved and authorized; and 2. That the County Administrator or Assistant County Administrator are hereby authorized to execute such documents and take such actions on behalf of Roanoke County in this matter as are necessary to accomplish the acquisition of this real estate, all of which shall be approved as to form by the County Attorney. On motion of Supervisor Peters to adopt the ordinance, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None December 3, 2019 518 IN RE: CONSENT AGENDA RESOLUTION 120319-6 APPROVING AND CONCURRING IN CERTAIN ITEMS SET FORTH ON THE BOARD OF SUPERVISORS AGENDA FOR THIS DATE DESIGNATED AS ITEM H- CONSENT AGENDA BE IT RESOLVED by the Board of Supervisors of Roanoke County, Virginia, as follows: That the certain section of the agenda of the Board of Supervisors for December 3, 2019, designated as Item H - Consent Agenda be, and hereby is, approved and concurred in as to each item separately set forth in said section designated Items 1 through 2 inclusive, as follows: 1. Confirmation of appointments to the Blue Ridge Behavioral Healthcare Board of Directors (at Large), Roanoke County Budget and Fiscal Affairs Committee (at Large), Roanoke Valley Resource Authority (at Large), Western Virginia Regional Jail Authority (at Large) 2. Request to accept and allocate grant funds in the amount of $42,564 from the Virginia Department of Emergency Management (VDEM) for an Emergency Management Performance Grant On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None A-120319-6.a A-120319-6.b IN RE: REPORTS Supervisor Peters moved to receive and file the following reports. The motion was seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None 1. Unappropriated, Board Contingency and Capital Reserves Report 2. Outstanding Debt Report IN RE: CLOSED MEETING December 3, 2019 519 At 6:23 p.m., Supervisor North moved to go into closed meeting following the work sessions pursuant to the Code of Virginia Section 2.2-3711 A .1 - Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; namely the County Attorney and Section 2.2-3711.A.1 - Discussion, consideration, or interviews of prospective candidates for employment; assignment, appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees of any public body; namely the Commonwealth Attorney The motion was seconded by Supervisor Peters carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None The closed meeting was held from 8:03 p.m. until 8:30 p.m. IN RE: WORK SESSIONS 1. Joint work session between the Roanoke County Board of Supervisors and the Roanoke County Public School Board Chairman North welcomed the School Board members. School Board Chairman Butzer called the Roanoke County School Board to order; all school board members were present with the exception of Mr. Wray. Chairman North stated that he hopes the work session is a productive discussion and meeting that will be beneficial to both the schools as well as the County. Roanoke County School Board Chairman Butzer stated that in July the discussion was opened about the condition of some of the school facilities. The facilities mentioned were the ones the needed significant renovation or a new rebuild. At the last meeting there was a lot of information to digest and a large dollar amount connected to that information. During that period of time several school board members have had discussions with our peers on the other side and have talked through the issue. Daniel R. O’Donnell, County Administrator stated staff has been working through some preliminary budget numbers and are trying to determine what can be done. The preliminary discussion shows what we think we will be able to do and we hope that it will allow to move some of the projects forward. Mr. O’Donnell turned the meeting over to Rebecca Owens, Assistant County Administrator who December 3, 2019 520 provided a PowerPoint presentation, which is on file in the office of the Clerk to the Board of Supervisors. Mr. O’Donnell stated issues that would impact this year’s budget would be compensation, VRS, health insurance and contractual increases. In terms of capital, last year we were waiting on the facilities assessment, so we will need to push up our capital maintenance based on the outcome of the assessment. Also, there were a couple of vehicles that were deferred in order to fund higher increases for the County employees, i.e. a fire truck and trash truck. Additionally, there are staffing needs. Staff is looking at a SAFER grant that would require a County match, but hopefully leverage some federal funds that will help us deal with staffing issues as related to Fire and Rescue. The big piece of the budget last year that we still do not know about are the outside agencies fixed costs, i.e. Authorities and regional entities that we have to pay. For example, tipping fees for the Resource Authority, Western Virginia Regional Jail costs went up. Juvenile detention costs are very high and we have talked about CSA. These costs will have to be faced and one initiative that he would like to put in next year is the rural broadband initiative. We recognize we have some holes in our rural areas. We are trying to budget for matching funds (Virginia Telecommunications Funds) that require a twenty percent (20%) match. There are a lot of unknowns in the budget that makes him cautious. Mr. O’Donnell stated that one of the outcomes of reviewing this information was to never let this go another ten or fifteen years before revisiting. He further added that he would like to see it reviewed every three years for consideration to see if changes need to be made. For example, we really don’t know constructions costs. We are working on better cost estimates. Additionally, there is declining enrollment and we might have to look at keeping every single school. School Board Member Tim Greenway asked Mr. O’Donnell if they evaluated why there is declining enrollment. Mr. ‘Donnell advised not in great detail; we have an aging population. We do have economic growth, but it is marginal. Mr. O’Donnell then reiterated that the recommendation is to allocate $200,000 at year end and in next year’s budget to begin funding the 12-12-12 program and to update the comprehensive financial policy to reflect that. School Board Chairman Butzer stated that construction costs is something they pay a lot of attention to. We are trying to get them updated as much as we can. There are several sources that we use, the Virginia Department of Education data, which is a good source. It lists the most recent projects through the State. School Board Chairman Butzer noted that the relationship between the Board of Supervisors and the School Board is top notch. The School Board realizes that they are very lucky to have the relationship they currently have with their December 3, 2019 521 counterparts. Mr. Butzer stated with regard to construction costs, the numbers that we came up with for William Byrd, W. E. Cundiff and Glen Cove, we used $225 a square foot on average. The State average right now for an elementary school is up to $301 and a high school is $329. So, we got the Cave Spring High School for $239. So the escalation that we are seeing in constructions costs are astounding in a good economy. If the economy falls apart, then you will have a better number. He appreciates the progress that we have made here and the offer that is there, but his only concern is that he is not sure we can get these projects done for the money we originally thought. Another thing we have done and will do is to take the budget that we know that we have and work with some contractors, if we can get approval on the procurement side, and see if they can build these schools for that budget. We know we are struggling with construction costs. The other problems is that is suddenly there are some State funds to do school construction, school construction costs will do up. All of the projects are local and we know construction costs are local, so some of the State averages may include areas more expensive. The second is that we will actually take a look at different kinds of construction. We understand that we have to live within what we have. He added that he is especially concerned with Byrd Cundiff and Glen Cove. He believes there is an inequity for those kids. With regard to enrollment, there was a slide that showed population going up. If you look at the enrollment that has declined, what school would anyone suggest that we close. Mr. O’Donnell reiterated that is down the line. Chairman Butzer stated that is something they look at all the time. Glen Cove, because of the condition that it is in, we have a beautiful underutilized school in Masons Cove that is not that far away. This year they moved 50 children from Glen Cove over to Masons Cove. We think we might be able to do more of those adjustments because doing them the way we did them, voluntarily, saves a lot of angst in the community. They will continue to look at enrollments. If we can close a facility that we don’t need, we are going to do it. He appreciates the progress that has been made, because it is $2 million more that they had last time, but we need to step back, regroup and actually see how that applies to what we really need or think we need to do. We will work diligently to see if we can work within those numbers and get the schools fixed. Board Member Tim Greenway stated he would like to visit the 12-12- 12 concept. So, if he looks at this from the last 15 year perspective, and used inflation for that $10 million, we would be somewhere near $12.5 or $13. So, they have lost on our 2 to 1 ratio, there is $15 million they did not have for those structures or facilities and we could have incrementally done this in a much easier way to get there. We do appreciate the $12 million, but it is not where we should be. Is there appetite or thought that we put an inflationary factor in there now so that future Boards don’t have to deal with it. Chairman North stated it is in our Comphrensive Financial Policy that we look at once or twice every year. This goes along with what Mr. O’Donnell December 3, 2019 522 stated that we need to look at this more frequently. Second to that, if you borrow more you have to pay more and that is what we are going to do. Unfortunately, we did not save enough in the last four (4) out of five (5) years. If we correct the sins of the past for not funding that debt reserve fund at $2.2. It had a lot more cash at one time and was taken out by the Schools and the County for maintenance. This is a big step to go to a twenty percent (20%) increase. School Board Member Greenway stated if we put the inflationary factor in now, we can still meet two times a year to change it, correct, but it is automatic to the year and you don’t have to change the policy every year to add that inflationary factor in. He thinks it is a better way to do things. He just does not want Board to have to go through this again and not have some mechanism to raise that amount. Chairman North stated based on the discussion the Board has had with staff, what we consensus on what we have now, 12-12-12. School Board Chairman Butzer stated they totally agree that if we are asking to borrow money, we have to service that debt. Supervisor Peters stated the problem is that in 2015, we both took out $1 million for maintenance and we never put it back, which has caused the problem we are having today. He does agreed with Mr. Greenway that if inflation protection was put into this in 2004 when it was created, it would have taken care of itself as well. He agrees that it should be addressed as well. Mr. O’Donnell stated the only problem that he sees with that during a recessionary period, we were able to hold the contribution to the schools the same, but on the County side we had to cut services, but to tie to an index like that without looking at it every year, you build an increase in costs and he is concerned about a financial downturn. Supervisor Peters stated there is no inflation during those years and if you tied it to the Federal CPI, there would be no increases in those years. School Board Member Greenway stated the other side of that is that we should be increasing that revenue, so it puts pressure on our counterparts to make sure that we are increasing that revenue, not from a tax structure but as an economic driver. So, in business you do not want to stay stagnant, so that is his only comment. Supervisor Peters stated if you look at any other aspect of our life, nothing has stayed flat since 2004, but yet we have stayed at $10 million and that has been his issue with it for a number of years, whether it is building a library or a school, those costs will continue to go up and we have tried to stay within that same model, which puts projects further and further behind. Ms. Owens stated she feels this is a good start at twenty percent (20%). School Board Chairman Butzer reiterated they really appreciate the twenty percent (20%). We need to go back and take a good hard look at how that December 3, 2019 523 can be applied to the next three projects and what that does to the timetable. He added that they need to take a look at how the additional contribution and debt service impacts. He would suggest that we have another time. Chairman North stated just let us know when the $200,000 has been approved by the School Board. Mr. O’Donnell stated staff is prepared to make a recommendation at the next Board meeting to take the year-end $200,000 and put it in the capital plan. Ms. Owens added to also make the policy change in our Comprehensive Financial Policy to move the debt from $10 million to $12 million. Chairman North then stated going back to the inflation factor, if you borrow more, you have to save more. School Board member Jason Moretz asked if the $200,000 incremental is every year. It is a significant jump to what we are contributing now. Ms. Owens outlined the slide with the ten-year snapshot, we are going to add $200,000 to the already $2.2 and we are making the assumption that we are going to do that each and every year. We could come along in July of 2024 and determine that $12 million is the right amount and that we don’t need to add any more funds and would get us back to the $3.2, which is where we were four or five years ago and that number would adequately fund the plan. Supervisor Peters asked if we know what the number to fully fund at $12 million. Ms. Owens responded that the $200,000 fully funds the plan to $12 million in debt through 3038. The work session was held from 6:49 p.m. until 7:42 p.m. IN RE: CERTIFICATION RESOLUTION At 8:39 p.m., Supervisor North moved to return to open session and adopt the certification resolution. RESOLUTION 120319-7 CERTIFYING THE CLOSED MEETING WAS HELD IN CONFORMITY WITH THE CODE OF VIRGINIA WHEREAS, the Board of Supervisors of Roanoke County, Virginia has convened a closed meeting on this date pursuant to an affirmative recorded vote and in accordance with the provisions of The Virginia Freedom of Information Act; and WHEREAS, Section 2.2-3712 of the Code of Virginia requires a certification by the Board of Supervisors of Roanoke County, Virginia, that such closed meeting was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED, that the Board of Supervisors of Roanoke County, Virginia, hereby certifies that, to the best of each member’s knowledge: 524 December 3, 2019 1. Only public business matters lawfully exempted from open meeting requirements by Virginia law were discussed in the closed meeting which this certification resolution applies; and 2. Only such public business matters as were identified in the motion convening the closed meeting were heard, discussed or considered by the Board of Supervisors of Roanoke County, Virginia. On motion of Supervisor North to adopt the resolution, seconded by Supervisor Hooker and carried by the following recorded vote: AYES: Supervisors Assaid, Hooker, Radford, Peters, North NAYS: None IN RE: ADJOURNMENT Chairman North adjourned the meeting at 8:40 p.m. ub itted by: Approved by: ,/La#i& i F.adford /1"- --1 :.•rah C. J: David F Chief Depu erk to the Board Chairman