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Home My WebLink AboutJANUARY 6, 2020 SPECIAL FORMAL SESSION MINUTES F. (1:,,-,d°_:` _ .';off,'ri 1. '916 VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia January 6, 2020 Mayor Robert M. Dyer called to order the SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the City Council Conference Room, Monday, January 6, 2020, at 4:00 P.M. Council Members Present: Michael F. Berlucchi, Mayor Robert M. Dyer, Barbara M. Henley, Louis R. Jones, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Jessica P.Abbott - Family illness John D. Moss - Arrived at 4:09 P.M. Guy Tower - Out of the country on family vacation 2 ITEM LA MAYOR'S CALL FOR SPECIAL SESSION ITEM#96893 Mayor Dyer read the Mayor's Call for the SPECIAL SESSION: January 6, 2020 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL to hold a CITY COUNCIL DISCUSSION on a RESOLUTION IN SUPPORT OF SECOND AMENDMENT RIGHTS: Monday,January 6,2020 4:00-5:30 P.M. City Manager's Conference Room Building 1, City Hall,2nd Floor 2401 Courthouse Drive Following this discussion, City Council will hold a SPECIAL FORMAL SESSION in order to take PUBLIC COMMENT and then CONSIDER THE RESOLUTION: Monday,January 6, 2020 6:00 P.M. City Council Chamber Building 1, City Hall, 2"d Floor 2401 Courthouse Drive Sincerely, s/ Robert M.Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office January 6, 2020 Jti4`GOA"BE.40 L Zrit City of Virginia Bcaclh �y z zr OF OUR NATtGN VBgov.com Robert M.'Bobby"Dyer MUNICIPAL CENTER MAYOR BUILDING 1 2401 COURTHOUSE DRIVE VIRGINIA BEACH,VIRGINIA 23456-9000 (757)385-4581 CELL(757)749-4659 December 30, 2019 bdyer@vbgov.com HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL to hold a CITY COUNCIL DISCUSSION on a RESOLUTION IN SUPPORT OF SECOND AMENDMENT RIGHTS: Monday, January 6, 2020 4:00—5:30 P.M. City Manager's Conference Room Building 1, City Hall, 2nd Floor 2401 Courthouse Drive Following this discussion, City Council will hold a SPECIAL FORMAL SESSION in order to take PUBLIC COMMENT and then CONSIDER THE RESOLUTION: Monday, January 6, 2020 6:00 P.M. City Council Chamber Building 1, City Hall, 2nd Floor 2401 Courthouse Drive Sincerely, Robert M. Dyer Mayor Cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office 3 ITEM I.D CITY COUNCIL DISCUSSION RESOLUTION IN SUPPORT OF SECOND AMENDMENT RIGHTS ITEM#69894 4:00P.M. Mayor Dyer opened the discussion by highlighting the topic of gun control is a prominent issue Nationally and within the Commonwealth. Mayor Dyer advised due to the large amount of public input received, a separate Special Session was scheduled to allow individuals from both sides to be heard and to minimize overcrowding in City Hall during the Formal Session scheduled on January 7, 2020. Council Member Wilson expressed the need to support all aspects of the Constitution, not just the Second Amendment. Vice Mayor Wood invited City Clerk Amanda Barnes up to the podium to explain the procedures for public comment during the Special Formal Session. Council Member Wooten expressed her concern that the meeting was scheduled expeditiously, and the public was not given enough notice to attend. Mayor Dyer advised neighboring localities recently adopted similar Resolutions, and during this process it is the goal of City Council to respect the Constitution and laws of the Commonwealth. Mayor Dyer advised the Resolution is a way to give comfort to concerned citizens, and while the issue is polarizing, it is important to have these discussions and find commonalities. Council Member Wooten expressed her concern about the lack of discussion prior to a vote being scheduled. Council Member Wooten acknowledged citizen's right to bear arms under the Second Amendment, but questioned what the Resolution would change or accomplish. Council Member Rouse noted while other neighboring localities have adopted similar Resolutions, they did not experience the May 31s` Tragedy. Council Member Rouse expressed his concern in considering this Resolution as it has only been eight(8)months since the tragedy and this is such a divisive issue. Council Member Moss advised a `Constitutional City'represents the common ground on this emotional issue. Council Member Moss suggested City Council is hearing from the loudest voices on both sides of the issue, but City Council can all agree on the constitutionality of the Second Amendment. Council Member Rouse disagreed the proposed Resolution offered a balance on the issue and questioned its helpfulness to the City. Council Member Rouse suggested the Resolution was a response to pre-filed legislation that holds no weight. Council Member Moss stressed the importance to try and influence legislation before it has been voted into law. Additionally, Council Member Moss advised it has been the practice of City Council to pass Resolutions advocating for the City's interests before a law is passed. Council Member Moss advised by reaffirming support for the Constitution, provides an agreeable starting place for civil discourse on the subject of gun rights and gun control. Vice Mayor Wood reaffirmed Council Member Moss'statements and indicated that every year City Council advocates to the General Assembly regarding laws before they are introduced. Vice Mayor Wood highlighted uranium mining and post-Labor Day opening of schools, as issues that City Council has previously addressed with the General Assembly. Vice Mayor Wood noted that whether individual Council Members agree with the position of the Resolution, the process itself is expected of City Council in order to advocate for the interests of the City. January 6, 2020 4 ITEMI.D CITY COUNCIL DISCUSSION RESOLUTION IN SUPPORT OF SECOND AMENDMENT RIGHTS ITEM#69894 (Continued) Council Member Rouse reiterated his concern about the Resolution and questioned how it will benefit the City. Mayor Dyer noted the Resolution was revised from a `Sanctuary City'to a `Constitutional City'in order to address legality concerns. Mayor Dyer advised pre filed legislation does not always make it to a vote, but the bills in question sparked a large response from citizens. Additionally, Mayor Dyer advised City Council is accountable to citizens and is taking action as a result of public input. Council Member Wooten advised after the May 31' Tragedy, a proposed Resolution was brought forth to support localities ability to decide whether firearms are allowed in City buildings which City Council deferred. Council Member Wooten advised citizens have asked her why the urgency now and not then. Council Member Wooten expressed concerns of possible ramifications of the proposed Resolution if it passes. Mayor Dyer advised the purpose of the Resolution is to petition the General Assembly to consider ramifications of the proposed legislation before it passes. Mayor Dyer advised the Resolution regarding localities ability to decide whether firearms are allowed in City buildings was deferred because it was too soon after the May 31s`Tragedy. Council Member Henley noted the large amount of email correspondence that City Council has received about this issue. Council Member Henley advised this Resolution has come down to the question of who supports the Constitution,which has contributed to divisiveness. Council Member Henley indicated it is the City Council's job to uphold the Constitution, not interpret it and believes City Council ouncil should give General Assembly Members a chance to do their job, and then appeal the legislation to the Courts if it is unconstitutional. Council Member Henley expressed her concern about the divisiveness within the City and on City Council. Mayor Dyer concluded the discussion by reiterating the decision to modify the proposed Resolution to a "Constitutional City"in a collaborative effort to build consensus. City Council RECESSED at 4:52 P.M. January 6, 2020 5 VIRGINL4 BEACH CITY COUNCIL Virginia Beach, Virginia January 6, 2020 Mayor Robert M. Dyer called to order the SPECIAL FORMAL SESSION of the VIRGINL4 BEACH CITY COUNCIL in the City Council Chamber, Monday, January 6, 2020, at 6:00 P.M. Council Members Present: Jessica P.Abbott, Michael F. Berlucchi,Mayor Robert M.Dyer, Barbara M. Henley, Louis R. Jones, John D. Moss, Aaron R. Rouse, Rosemary Wilson, Vice Mayor James L. Wood and Sabrina D. Wooten Council Members Absent: Guy Tower - Out of the country on family vacation January 6, 2020 1N1A•B4 r LL t s City of Virginia Beach yo�99ts OF OUR N41010 VBgov.com GUY K.TOWER CELL:(757)439-4801 COUNCIL MEMBER EMAIL: ®vbpov.Com DISTRICT 6-BEACH December 27, 2019 HONORABLE MAYOR MEMBERS OF CITY COUNCIL Dear Colleagues, I will be out of the country on family vacation December 30, 2019-January 13, 2020. Sincerely, Guy K. Tower cc: City Clerk City Attorney City Manager FOIA Officer 211 43rd STREET,VIRGINIA BEACH,VA 23451 6 ITEM ILA MAYOR'S CALL FOR SPECIAL FORMAL SESSION ITEM#96895 Mayor Dyer read the Mayor's Call for the SPECIAL FORMAL SESSION: January 6, 2020 "HONORABLE MEMBERS OF CITY COUNCIL In accordance with the Virginia Beach City Code Section 2-21, and by the authority vested in me as Mayor of the City of Virginia Beach, I hereby call for a SPECIAL SESSION of the VIRGINIA BEACH CITY COUNCIL to hold a CITY COUNCIL DISCUSSION on a RESOLUTION IN SUPPORT OF SECOND AMENDMENT RIGHTS: Monday,January 6,2020 4:00-5:30 P.M. City Manager's Conference Room Building 1, City Hall;2nd Floor 2401 Courthouse Drive Following this discussion, City Council will hold a SPECIAL FORMAL SESSION in order to take PUBLIC COMMENT and then CONSIDER THE RESOLUTION: Monday,January 6, 2020 6:00 P.M. City Council Chamber Building 1, City Hall,2"d Floor 2401 Courthouse Drive Sincerely, s/ Robert M.Dyer Mayor" cc: City Manager City Attorney City Clerk Deputy City Managers FOIA Officer Communications Office January 6, 2020 7 II.D. RESOLUTION TO SUPPORT SECOND AMENDMENT RIGHTS ITEM#69896 The following registered to speak: Vincent Smith,P.O. Box 56680,Phone: 540-847-4766 spoke in SUPPORT Brian Parker, 3246 Rosegate Court, Phone:589-5858 spoke in SUPPORT Joseph Belec, 605 Barberton Drive, Phone: 348-5543, did not respond Philip Van Cleave, (Virginia Citizens Defense League), Phone:804-874-8235, spoke in SUPPORT Brendan Mooney, 3008 Brackenberry Drive, Phone: 425-802-4797, spoke in SUPPORT Castity Browning, 709 Bowling Green Court, Phone: 675-4541, spoke in SUPPORT Timothy Anderson, 2492 North Landing Road, Phone: 301-3636,spoke in SUPPORT Joshua Kellogg, 3912 Sherman Oaks Avenue, Phone: 621-2089, spoke in SUPPORT Timothy Kuester, 1401 Sandford Drive, Phone: 240-383-0766, spoke in SUPPORT Clarence Canterbury, 2928 Hermes Street, Phone: 477-6189, spoke in SUPPORT Conrad Scheventer, 811 Dudley Road, Phone: 719-2113, spoke in SUPPORT Reid Greenmun, 3675 Hill Breeze Road, Phone: 615-4533, spoke in SUPPORT Michelle Rille, 3675 Hill Breeze Road, Phone: 805-0605, spoke in SUPPORT Victoria Nicholls, 1124 Mill Lake Quarter, Phone: 410-0008, spoke in SUPPORT Leonard Johnson, 1464 Maharis Road, Phone: 515-4930, spoke in SUPPORT Peter Smith, 468 Princess Anne Road, Phone: 739-4997, spoke in SUPPORT Dianna Howard, 1057 Debaca Court,Phone: 567-9021, spoke in SUPPORT Felipe Demoss, 2668 Highland Meadows Way, Phone: 639-0171, spoke in SUPPORT Jarome Bell, 353 Clarkes Drive,Phone: 318-1306, spoke in SUPPORT Susan Miller, 2805 Wakehurst Court, Phone: 619-2561, spoke in SUPPORT April Dean, 1874 General Booth Boulevard, Phone: 652-2640, spoke in SUPPORT Tim Scarry, 2728 Coldwell Street, Phone: 427-0707, spoke in SUPPORT Travis Fox, 2981 Riddick Lane, Phone: 373-9794, spoke in SUPPORT Scott Taylor, 3924 Whispering Oaks Place#102, Phone: 343-3808, spoke in SUPPORT Carl Hendrick, 961 Gideon Road, Phone: 443-845-2151, spoke in SUPPORT Kristen Randolph, 1310 East Bay Shore Drive, Phone: 572-3795, spoke in SUPPORT Glenda Craddock, 4101 Charity Farm Court, Phone: 581-2643, spoke in SUPPORT Markus Gohring, 2992 Shore Drive, Phone: 672-5444, spoke in SUPPORT Merle Rutledge, 5999 Reddy Arch, Phone: 286-8997, spoke in SUPPORT Lexi Hickman, 402 Brian Avenue, Phone: 909-363-5507, spoke in SUPPORT Ben Loyola, 3261 Wilderness Lane, Phone: 718-0699, spoke in SUPPORT Cory Brickner, 1329 Dunston Lane, Phone: 321-1396, spoke in SUPPORT Andy Vaan, 2711 Poinciana Drive, Phone: 708-5229, spoke in SUPPORT Robert Downing, 1216 Claytor Court, Chesapeake, VA, Phone: 717-3416, spoke in SUPPORT Daniel Holland, 3820 Long Ship Court, Phone:291-4258, spoke in SUPPORT Terry Santure, 5900 Buckminister Lane, Phone: 449-3200, spoke in SUPPORT Glen Spence, 1132 Candlewood Drive, Phone: 450-2312, spoke in SUPPORT Arron Youngk, 2067 Roger Mcclung Lane, Phone: 572-0898, spoke in SUPPORT Michael Maskell, 4403 Lisbon Lane#103, Phone: 615-6265, spoke in OPPOSITION Larry Mccaulkey, 4201 Macarthur Road, Phone: 471-4952, did not respond Cary Nunnally, 9 Clemson Terrace, Newport News, VA, Phone: 804-577-0504, did not respond Russ Oxby, 1075 General Booth Boulevard, Phone: 904-874-1582, spoke in SUPPORT January 6, 2020 8 ILD. RESOLUTION TO SUPPORT SECOND AMENDMENT RIGHTS ITEM#69896 (Continued) Brandon Wooton, 1221 North Point Lane, Phone: 646-415-1984, spoke in SUPPORT Steve Ely, 2843 Majestic Oak Court, Phone: 831-7082, spoke in SUPPORT Jim Leterano, 137 Ocean View,Norfolk, VA, Phone: 692-9204, spoke in SUPPORT Christopher Zimmerman, 4101 Shoreline Circle#74, Phone: 410-739-6013, did not respond Dena Cottle, 3612 Starlighter Drive, Phone: 831-1549, spoke in SUPPORT Kyle Barrett, 2024 Killarney Court, Phone: 815-5498, spoke in SUPPORT Mary Ann Myers, 504 Green Meadows Drive#104, Phone: 376-9197, spoke in SUPPORT Karen Greenhalgh, 4545 Commerce Street, Suite 2004, Phone:284-9047, spoke in SUPPORT Lilja Mckendry, 711 23rd Street, Phone: 617-5935, spoke in SUPPORT William Swingle, 2130 Bayberry Street, Phone: 615-6337, spoke in SUPPORT Alan Fitzgerald, 3124 Head River Road, Phone: 860-402-8819, spoke in SUPPORT John Parus, 1156 Lawson Cove Circle, Phone: 679-8119, spoke in SUPPORT Scott Stanley, 3201 High Borough, Phone: 589-9622, spoke in OPPOSITION Jaclyn Campbell, 4409 Glenn Ellert Court, Phone: 642-4830, spoke in SUPPORT Ella Dunbar, 2349 Poyner Lane,Phone: 463-9861, spoke in OPPOSITION Tommy Cerja, 1940 Pavilion Drive#135, Phone: 910-695-6430, spoke in OPPOSITION Joanna Benka, 1993 Haviland Drive, Phone: 324-2294, spoke in SUPPORT David Harris, 1121 Belspring Drive, Phone: 917-841-5789, spoke in SUPPORT Douglas Peterson, 5 Quale Place,Newport News, VA,Phone: 879-3512, spoke in SUPPORT Gary Moeller, 1413 Planting Court,Phone: 373-2148, spoke in SUPPORT John Velasquez, 2424 Lewis Drive, Phone: 362-7947, spoke in SUPPORT Sergio Lopez, 4529 Black Cove Road, Phone: 761-7374, spoke in SUPPORT John Abernathy, 448 Cummings Road, Phone: 719-0325, spoke in SUPPORT Christine Liell, 5048 Glenn Canyon Drive, Phone: 631-294-4336, spoke in SUPPORT Dom Raso, 576 North Birdneck Road, Phone: 685-4155, spoke in SUPPORT Gary Hubbard, 3014 Dedi Court, Phone: 472-7996 spoke in SUPPORT Patrick O'Toole, 2421 Broomsedge Trail, Phone: 760-623-9124, did not respond Charlie T. Wilson, 1419 Goldfinch Lane, spoke in SUPPORT Larry Crane, 2701 Alameda Drive, spoke in SUPPORT Dr.Al Brewster, 1128 York Lane, Phone: 410-474-1490, spoke in SUPPORT Warren Murphy, 3244 Barberry Lane,Phone: 739-3878, spoke in SUPPORT Charles Soliman, 1102 Riviera Drive, Phone: 416-4569, spoke in SUPPORT Joshua Nicholson, 3692 Sylvan Lane, Phone: 687-9894, spoke in SUPPORT Tom Duckett, 2705 Chester Forest Court, Phone: 620-8781, spoke in SUPPORT James Tackdoerry, 421 Hartsdale Road, Phone: 815-742-7199, spoke in SUPPORT David Nevelsteen, 3120 Sandpiper Road,Phone: 910-578-3317, spoke in SUPPORT Sandra Dittig, 1300 Holly Point Road, Phone: 763-8315, did not respond Ghzin Karides, 2684 Ocean Shore Avenue, Phone:286-5444, did not respond Jim Karides, 2684 Ocean Shore Avenue, Phone: 481-3633, did not respond Paul Lemma, 2228 Wolfsnare Road, Phone: 437-1501, spoke in SUPPORT Timothy Ham, 2757 South Glebe Road#109,Arlington, VA, Phone: 616-318-5063, spoke in SUPPORT Sherrie Hedrick, 411 Shagbark Road, Phone: 239-5437, did not respond January 6, 2020 9 H.D. RESOLUTION TO SUPPORT SECOND AMENDMENT RIGHTS ITEM#69896 (Continued) Rich Pakarsk, 2745 Alameda Drive, Phone: 572-3422, did not respond John Sweeny, 3316 Barbour Drive, Phone: 390-0958, did not respond Caleb Kinas, 409 Roselynn Lane, Phone: 703-999-0255, spoke in SUPPORT Andrew Jackson, 153 Upperville Road, Phone: 472-0901, spoke in OPPOSITION After City Council discussion, Council Member Moss made a motion, seconded by Vice Mayor Wood, to ADOPT Resolution in support of Second Amendment Rights. Council Member Wooten then made a SUBSTITUTE MOTION, seconded by Council Member Rouse, to DEFER Resolution in support of Second Amendment Rights. Voting: 4-6 Council Members Voting Aye: Barbara M. Henley, Louis R. Jones, Moss, Aaron R. Rouse, and Sabrina D. Wooten Council Members Voting Nay: Jessica P. Abbott,Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Absent: Guy K. Tower Motion failed by a negative vote January 6, 2020 10 H.D. RESOLUTION ITEM#69896 (Continued) Upon motion by Council Member Moss, seconded by Vice Mayor Wood, City Council ADOPTED Resolution in support of Second Amendment Rights. Voting: 6-4 Council Members Voting Aye: Jessica P. Abbott, Michael F. Berlucchi, Mayor Robert M. Dyer, John D. Moss, Rosemary Wilson, and Vice Mayor James L. Wood Council Members Voting Nay: Barbara M. Henley, Louis R. Jones, Moss, Aaron R. Rouse, and Sabrina D. Wooten Council Members Absent: Guy K. Tower January 6, 2020 REQUESTED BY THE MAYOR, VICE MAYOR, AND COUNCILMEMBERS ABBOTT, MOSS, AND WILSON 1 A RESOLUTION IN SUPPORT OF SECOND AMENDMENT 2 RIGHTS 3 WHEREAS, the Second Amendment of the United States Constitution guarantees 4 that the "right of the people to keep and bear arms shall not be infringed;" 5 WHEREAS, the Virginia Bill of Rights, which is part of the Constitution of Virginia, 6 also protects the "right of the people to keep and bear arms;" 7 WHEREAS, the United States Supreme Court, in District of Columbia v. Heller, 8 affirmed an individual's right to own and possess firearms for self-defense within the home 9 or for other lawful purposes; 10 WHEREAS, the United States Supreme Court, in McDonald v. Chicago, affirmed 11 that the Second Amendment of the United States Constitution applies to the states 12 through the Due Process Clause of the Fourteenth Amendment of the United States 13 Constitution; 14 WHEREAS, the City Council strongly believes that the right of citizens to keep and 15 bear arms is a fundamental right that should be protected to the greatest degree possible; 16 WHEREAS, the members of the City Council have taken an oath to defend and 17 uphold the Constitution of the United States and the Constitution of the Commonwealth 18 of Virginia; 19 WHEREAS, the City Council is concerned that certain pre-filed legislation for the 20 2020 session of the General Assembly may threaten the rights of law-abiding citizens to 21 keep and bear arms guaranteed by the constitutions of the Commonwealth of Virginia 22 and of the United States; 23 WHEREAS, the City Council expresses opposition to any law that would 24 unconstitutionally restrict the rights of law-abiding citizens of the City to keep and bear 25 arms; and 26 WHEREAS, the City Council desires to act in the best interests of the residents of 27 the City, and accordingly, the Council hereby express its sentiments with regard to this 28 important and fundamental right; 29 NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY 30 OF VIRGINIA BEACH, VIRGINIA THAT: 31 1. The City Council hereby expresses its continued commitment to support all 32 provisions of the Constitution of the United States and the Constitution of the 33 Commonwealth of Virginia, including the right of the people to keep and bear arms; 34 35 2. The City Council hereby expresses its strong support for the rights of law-abiding 36 citizens to keep and bear arms and urges the members of the General Assembly 37 and the Governor to take no action which would violate the freedoms guaranteed 38 by either the Virginia Bill of Rights or the federal Bills or Rights; 39 40 3. The City Council hereby declares the City of Virginia Beach a "Second Amendment 41 Constitutional City;" 42 43 4. The City Council hereby supports the actions of other elected bodies making 44 similar declarations on behalf of Virginia counties, cities, and towns; and 45 46 5. The City Council hereby directs the City Manager to forward a copy of this 47 resolution to the City's General Assembly delegation and to the Governor of 48 Virginia. Adopted by the City Council of the City of Virginia Beach, Virginia, on this6th day of January , 2020. APPROVED AS TO LEGAL SUFFICIENCY: Cityo 's Office CA14966 R-2 December 30, 2019 11 II.E ADJOURNMENT ITEM#69897 Mayor Robert M. Dyer DECLARED the SPECIAL FORMAL SESSION ADJOURNED at 10:06 P.M Terre . elius Chief Deputy City Clerk Amanda Barnes, MMC Robert M. Dyer City Clerk Mayor January 6, 2020