Special Meeting – December 4, 2019
Special Meeting, Wednesday, December 4, 2019, 6:00 p.m. Stuarts Draft High School, Stuarts Draft, VA
PRESENT: Gerald W. Garber, Chairman
Carolyn S. Bragg-Vice Chairman
G.L. “Butch” Wells
Michael L. Shull
Wendell L. Coleman
Pam L. Carter
Marshall W. Pattie
Timothy K. Fitzgerald, County Administrator
Jennifer M. Whetzel, Deputy County Administrator
James R. Benkahla, County Attorney
Angela Michael, Executive Assistant
VIRGINIA: At a special meeting of the Augusta County Board of Supervisors held on Wednesday, December 4, 2019, at 6:00 p.m., at the Stuarts Draft High School, Stuarts Draft, Virginia, and in the 244th year of the Commonwealth….
Chairman Garber welcomed the citizens present.
Wendell Coleman led the Board of Supervisors in the Pledge of Allegiance.
Pam Carter, Supervisor for the Pastures District, delivered the invocation.
PUBLIC COMMENT-2ND AMENDMENT SANTUARY COUNTY
The following spoke in favor of Augusta County becoming a 2nd Amendment Sanctuary County:
James Burnett, Charles Minix, Chris Smith, Seth Hower, Mike Piper, Bob Quinn, Kirk Barley, Chris Haskins, Phillip Martin, Bradley Houff, Jim Wood, Thomas Verga, Brandon Smithkin, Steve Troxell, Jeffrey Zvengrowski, Caleb Ballew, Tom Shumate, Dustin Wright, Keith Allen, Kevin Birt, Leonard Lantz, Joe Brookman, Kyle Heath, David Wiggins, Keith Willis, Alan Mayz, Alisha, Howard Bishop, Louise Painter, Matthew Whitaker, Renee Craig, Carl Danielson, Kevin Harris, Charles May, John Earhart, Joshua Bond, Cecil Moats, Ron Sprouse and Sheriff Donald Smith.
The following spoke in opposition of Augusta County becoming a 2nd Amendment Sanctuary County:
Tom Engle, Bradley Houff, Mary Miller Mr. Shull moved, seconded by Ms. Carter, that the Board adopt the following resolution:
RESOLUTION
WHEREAS, the Second Amendment of 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 1, Section 13, of the Constitution of Virginia provides "that a well- regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power;" and, WHEREAS, certain legislation introduced in the 2019 session of the Virginia General Assembly, and certain legislation introduced in the current session of the United States Congress could have the effect of infringing on the rights of law abiding citizens, as guaranteed by the Second Amendment of the United States Constitution; and, WHEREAS, the current Governor of Virginia has stated that he intends to endorse and pass into law legislation that could be unconstitutional as it pertains to the rights enumerated in the US and Virginia Constitution, and; WHEREAS, the Augusta County Board of Supervisors is concerned about the passage of any bill containing language which could be interpreted as infringing the rights of the citizens of Augusta County to keep and bear arms; and, WHEREAS, the Augusta County Board of Supervisors wishes to express its deep commitment to the rights of all citizens of Augusta County to keep and bear arms; and, WHEREAS, the Augusta County Board of Supervisors wishes to express opposition to any law that would unconstitutionally restrict the rights under the Second Amendment of the citizens of Augusta County to bear arms; and, WHEREAS, the Augusta County Board of Supervisors wishes to express its intent to stand 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, NOW, THEREFORE, BE IT RESOLVED: That the Augusta County Board of Supervisors hereby protects and expresses its intent to uphold the Second Amendment rights of the citizens of Augusta County, Virginia and; BE IT FURTHER RESOLVED: That the Board of Supervisors hereby declares its intent to oppose unconstitutional restrictions on the right to keep and bear arms, and;
PUBLIC COMMENT-2ND AMENDMENT SANTUARY COUNTY (CON’TD)
BE IT STILL FURTHER RESOLVED: That the Augusta County Board of Supervisors does hereby declare Augusta County as a 2nd amendment sanctuary county.
Dr. Pattie stated that if a future Board believes that one of the laws passed is considered unconstitutional, the lawsuit will be joined to defeat it in court. It is clear that the feeling of majority of the Board agrees with the majority in the audience. He pointed out how much courage it took to take a stand and voice their opinion. Local Government is the frontline of freedom. It is the Board’s responsibility to uphold the Constitution. This resolution sends a strong message to Richmond that the County is against overreach on the second amendment. The other important reason is Augusta County is very different from Northern Virginia and Hampton Roads.
Mr. Wells thanked the Veterans that are present. There are no words or expressions to thank them enough for their service to our Country. He also thanked everyone that has contacted him over the past few weeks. Mr. Wells was born and raised in a law enforcement family and a family that hunted. He enjoys hunting and enjoys his firearms.
The word sanctuary concerned him because he didn’t want anything to hamper the efforts of the representatives in Richmond. The reactions of the people present at the meeting took care of that concern.
Ms. Bragg thanked everyone for coming. She has learned a lot listening to the speakers and is proud of Augusta County. The 2019 elections will be something that is remembered for a long time and the meeting is proof that what happens at the polls matters. Everyone needs to vote. She supports the Constitution and the second amendment, but had an issue with becoming a sanctuary county. She was wrong and supports the resolution. When she took the oath of office she stated that she would uphold the Constitution of the United States and the Laws of the Commonwealth of Virginia.
Ms. Carter stated that the Board has heard from a lot of people. This is a very critical issue.
It’s taking a stand to protect the citizen’s Constitutional rights and sending a message to Richmond that Augusta County will not stand by and do nothing.
Mr. Coleman stated that he is thankful to be able to address this critical issue. There is no question what his vote is. He supports the resolution. Mr. Coleman thanked everyone for coming and taking the time to speak.
Mr. Shull stated that this is beautiful. He likes to see people show up to the meetings. This is going to be a fight. Freedom is not free. People need to register to vote. Power is at the polls.
Mr. Garber stated that normally a vote is taken by raising the right hand, but for tonight he asks those in favor to stand.
Vote was as follows: Yeas: Garber, Bragg, Shull, Wells, Coleman, Pattie and Carter Nays: None Motion carried.
ADJOURNMENT
There being no other business to come before the Board, Mr. Shull moved, seconded by Ms. Bragg, the Board adjourn subject to call of the Chairman.
Vote was as follows: Yeas: Garber, Bragg, Shull, Wells, Coleman, Pattie and Carter Nays: None Motion carried.
Chairman County Administrator h:12-4min.19
