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12-13-1972 MinutesVIRGINIA: At a regular meeting of the Board of Supervisors of Chesterfield County~ held at the Courthouse on December 137 1972 at 9:00 A.M. Present: Mr. irvin G.Horner~ Chairman Mr. Loe Myers~ Vice-Chairman Mr. J. Ruffin Apperson Mr. AoJ.Krepela Mr. E.Merlin O'Neill Also Present: Mr°Oliver D.Rudy~ Commonwealth's Attorney Mr. Morris Mason~Asst. Comm. Atty. Mr. M.W.Burnett~ Exec. Sec'y. Mr. RObto AoPainter~ Co. Engineer Mr. David Welchons~ Assr. Co. Eng. Mr. Raymond Birdsong~ ksst. Co. Eng~ Mr. William Prosise~ Asst. Co. ~g. Mr. Michael Ritz~ Co. Planner Mr. Stan Balderson~Senior Planner Mr. Myers gives the invocation. The Board of Supervisors this day approved all claims presented to the County for the month of November~ 1972, and authorized the Treasurer of the County to issue warrants as follows: General County Fund: Check No. 52373 - 53022 $393~743.37 County Library Check No. 52444- 53014 Law Library Check No. 52448 - 52452 12,551.65 140.60 Road Fund Check No. 52956 146.00 County Garage Check No. 42455 - 52997 10~606~99 County Storeroom Check No. 52458-53021 866.21 Storeroom Check No. 52460~52461~52595~52968 Social Services Check No. 51912 - 52372~ 52504-52516, 52624~ 52726-52767~ 52768-52772~ 52773-52855~ 52034-53155~ 52517~ 52519-52626 290,00 83~426.43 Nursing Home Check No. 524169-52969 -52977-52997 19,344.51 Ettrick Operating F~nd Check No. 52600 Check No. 52500-~2997 Water Debt Fund Check No. 7~9-7248 ment Water Improve/Pund Check No. 7153-7266 Sales Tax Check No. 52625 ~ayroll Deduction Check No. 52608-5~993 702.33 1 837.43 27~764.66 i56~940.99 4.11 72~138.66 Water Meter Deposit Fund Check No. 721B-7220 Water Meter Interest Meter Che~k No. 7165-7295 Central Stores Check No. 7147 - 7285 Sewer Improvement~ Replacement & Extension Fund Check No. 7160-7297 Sewer Operating: Check No. 7160 - Sewer Debt Fund Check No 7210 State Sales Tax $106.66 !7~861.66 11~8'77.29 12~732.54 145~250~00 57~934.31 Check No. 7221 46.39 Utility Workman's Compensation Check No. 7178 - 7283 123.85 On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that the following water contracts be and the same are hereby approved: W72-88CD Physic Hill, Section "E" $22,183.75 W72-90CD Bedford, Section "C" 25,490.00 W72-72CD Sandy Ridge, Section "1" 31,774.75 %¢72-91D Surreywood North-Section "A" 13,289.40 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson,&}dr. Krepela. On motion of Mr. Hyers, seconded by Mr. Apperson, it is resolved that the County Engineer be authorized to extend water mains through the subdivision of Perkinson Heights in Bermuda District. Ayes: Mr. Horner, Mr. Myers, Hr. Apperson, Hr. O'Neill and Mr. Rrepeala. On motion of Mr. Hornet, seconded by Hr. Apperson, it is resolved that the County Engineer be authorized to extend water On Ives Lane at a cost to the owner of approximately $1,640.00 with a $400.00 rebate. Ayes: Mr. Horner, Mr. Myers, Nr. Apperson, Hr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Hr. Krepela, it is resolved that sewer contract S73-6D for the installation of sewers in Newb~ry Towne, Phase II, in the amount of $20,543.90 be approved. Aves: Hr Homer, Mr Myers, Nr Apperson, ~r. N.reDela and ~r O'Neill. On motien of Mt.O'Neill, _~t ~s resolved that the .~'~=_~.cueo~" of I, ir. Lynn R. Hamilton for a $300.00 sewer c~}nnection be and it hereby is granted due to extenuating circumstances of this request. Ayes: Mr. Hornet, Hr. Myers, hr. Apperson, Mr. Nrepela and Mr. O'Neill. On motion of }.ir. Apperson, seconded by Mr. Rrepela, it is resolved that the Ii establishr~ent of a policy concerrling connections to County selwe~!ines from within the City be deferred for further discussion. Ayes: Mr. Myers. , Mr. Apperson, i'ir. t{repella and Nr. 0 L:._i~ ~ On motion of Mr. Apperson, seconded by Mr. Rrepela, it is resolved that the following easements be vacated: Allen A. McGinnis and Harriet E. McGinnis Project 7032-1/:5 Raymond H. Powell and Sadie V. Powell - Project 7032-1/6 Mercer Q. Harlow, Jr. and Jacqueline K. Hat!ow, Project 6511-28/1 Highland }{ills Community Corp., A. Virginia Corp. - Project 7032-1/20 Ayes: Mr. Myers, Mr. Apperson, 'Hr. Krepela end Nr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Chairman and Clerk of this Board be authorized to sign the vacation agreement ~out~ 643, vacating same to Mr. ~'{illiam C. Redmond. of a parcel of land on State TM -~ . Ayes: Mr. Horner, Hr. Myers, Nr. Apperson, Nr. Rrepela and Hr.O'Neill. There was presented a request for the disseminatJ, on of Child Abuse information along with the County's water bills. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resohfed that the Child Abuse statistics be included with the County's water bills, providing the agency cite the source of statistics presented. Ayes: Mr. Horner, Mr. Myers, Nr. Apperson, }.ir. Krepela and },ir. O'Neill. On motion of Mr. Apperson, seconded by Mr. O'Neill., it is resolved that a sewer connection be authorized for Lot 69 in Centralia Gardens. Kyes: Mr. Horner, Mr. Myers, Mr. Apperson, ~!r. Krepela and Mr. O'Neill. A discussion was held concerning the installation of sewers in the Fuqua Farms area and it was generally agreed, that this matter would be studied further. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the County Engineer be requested to proceed with the engineering on sewers for the Dupuy Road community to be served by the City of Colonial Heights. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Myers asked that sewer work in the Bellwood area be accelerated~since some of the facilities soon to be served are in critical condition. The following are roads which have been accepted by the State Highway Depart- ment into the State Secondary System of roads: Huguenot Hundred Subdivision, Section C. Darby Circle - From its intersection with Darby ]Drive westwardly .04 mile to a cul-de-sac .04 mi. Victoria Circle - From its intersection with Victoria Lane eastwardly .05 mi. to a cul-de-sac .05 mi. Huguenot Hundred Subdivision, Se.ctipn.s' A.,B & C Darby Drive - From its intersection with F. oute 704, southwardly .15 mile to Darby Circle south thence westwardly .15 mi. Victoria Lane - From its intersection with Route 704 southwardly .20 mile to Victoria Circle thence southwardly ,07. .33 mi. .27 mi. Olde Coach Villa. ge, Section B Warminster Drive-Beginning at Route 1207 to Route 677 .20 mm. Charterhouse Drive - From .03 mi. W. Route 1207 to Route 1201 Charrington Drive - From Charterhouse Drive to Old Coach Drive .18 mm. Olde Coach Drive - From Charterhouse Drive to Route 1210 .45 m~. Feathersone Drive - From Charterhouse Drive to Route 1206 .03 mm. Featherstone Drive - From Charterhouse Drive to Olde Coach Drive .15 mz. Sections 5 and 6 of new locations Route 653, between Route 360 and Route 60, project 0653-020-030,C501. 1.15 mi.' Section 7 of new connections at Station 27+00, project 0653-020-030-.C~0i~.01 mi. Alomn6 onment Sections 2 and 3 of old location Route 653, between Route 360 and Route 60, project 0653-020-030,C50l .13 Mr. E. L. Covington, Resident engineer, Virginia Department of Highways, informed that Board, in writing, that the request to lower the speed limit on Robious Road is denied. Mr. Covington discussed with the Board his latest proposal on handling street signs in new subdivisions. It was generally agreed that this policy would not be changed until further discussion with the Highway officials. ~EREAS, Secondary Route 618, from Sta. 18+75 to Sra. 20+25, a distance ~f 0.20 miles, has been altered, and a new road has been constructed ~ approved by the State Highway Commissioner, which new road serves the same citizens as the road so altered; and WHEREAS, certain sections of this new road follow new locations, these being shown on the at+~ached sketch titled, "Changes in Secondary Sys'tem Due to Relocation and C~nstruction on Route 618, Project Contract D-2-6, Richmond - Petersburg Turnpike Authority, dated at Richmond, Virginia 10/25/72." NOW, THEREFORE, BE IT RESOLVED, on motion of Hr. Myers, seconded by Mr. O'Neill, that the portions of Secondary Route 618 i.e., Section 3, shown in Brown on the sketch titled :Changes in Secondary System Due to Relocation and Construction on Route 618 Project Contract D=2-6, Richmond-t'etersburg Turnpike Authority, dated at Richmond, Virginia !0-25-72-, a total distance of 0.21 miles be, and it hereby is, added to the Secondary System of State Highways pursuant to Section 33-141 of the Code of Virginia of 1950~ as amended; AND FURTHER, that the sec~ions of old location, i.e., Sections i, shoran in green on the aforementioned sketch, a total distance cf 0.0~ be, an~ the same hereby is abandoned as a puklic road, pursuant to Section 33- 76.12 of the Code of Virginia of ].950, as anen~ed; AND FURTHER, that the portion of Secondary ['.oute 618, i. e. Section 2, shown in yellow on the sketch, "changes in Secondary System Due to Relocation and Construction on Route 618, Project Contract D-2-6 Richmond-.Uetersburg Turnpike Authority, dated at Richmond,Virginia 10-25-72", a total ~istance 6f .19'miles, be hereby retained and renumbered, pursuant to Section 33-141 of the Code of Virginia of 1950, as amended. Ayes: Hr. Homer, Mr. Hyers, Hr. Apperson, Mr. Rrepela and N.r. C'Neill. There was..presented a Notice of Public Hearing on the improvement of ~oo~. ~ ' 'our Road. There was a discussion concerning the construction of Omaha Street and it was agreed that Mr. Covington would review the estimate on the construction of this road in light of previous agreements with the Highway Department concerning' roads of this kind. There was presented a request to record the subdivision of Greenbriar, Section 3, which is being held up by the Highway Department, due to the necessity of acquiring drainage easements. Upon consideration whereof and on motion of Mr. O'Neill, seconded by Mr. Myers, it is resolved that Section 3, of the Greenbriar Subdivision may be recorded, provided Mr. Bert Ghidotti agrees to take care of the drainage from th~ sub- division on a method acceptable to the Highway Department. Ayes: Mr. Horner, Mr. Hyers Mr. Apperson, Mr t,_.e~e.,.a and Hr. O'Neill. There arose again a discussion on the construction of Little Creek Lane, from its present western boundary to Route ~10. Upon consideration whereof, and on motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this Board requests the Highway Department to construct Little Creek Lane, westwardly to Route 10, on a Secondary Rural Addition basis on a right-of-way to be furnished by the County. Ayes: Mr. Horner, Hr. Myers, Mr. Apperson, Mr. Krepela and Hrl O'Neill. Mr. Thomas Shipp speaks to the Board on behalf of disabled veterans, requesting free County license tags and no Personal Property Taxes on vehicles, and states that there are 41 paraplegics living in the County. Upon consideration whereof, and on motion of Hr. Apperson, seconded by Mr. Myers, it is resolved that the Commonwealth's Attorney be requested to investigate ~at the County can ~o in eliminating Personal Property taxes and license taxes for paraplegics. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepeta and Hr. O'Neill. On motion of Mr. Myers, seconded by Hr. Apperson, it is resolved that this Board states its general agreement to the relocation of a 16-ft. easement on Lot 6, Section D~ in the Victoria Hills Subdivision, to facilitate the further development of this subdivision. Ayes: Mr. [{orner, Hr. Myers,. Mr. Ap}person, Hr. Krepela and Mr. O'Neill. There was read the resignation from the Board of John Tyler Community College presented by Mr. Edwin B. Brooks, Jr. On motion of Mr. Apperson, seconded by Mr. i~iyers, it is resolved that th~s resignation be accepted and the Executive Secrets. fy is requested to write a letter of thanks to Mr. Brooks for his services. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. I-trepela and Mir. O'Neill. Mr. Robert Painter, County Engineer, presented Mr. Philpott of the Army Corps of Engineers, who presents to the Board copies of the flood plain study on Falling Creek recently completed by the Corps of Engineers. ~& ~hailDot~ states further that he will lock into the possibility of studying area. me~ Rzver since this is 'the source of much of the flood waters in this Mr. William Prosise presents his propose{] metho{] of enforcing' the Erosion and Sedimentation Control Ordinance. Upon consideration whereof, an¢3 on motion ~-~f ~4r. I<repela, seconded ]Dy Mr.O'Neill, it is resolved that the policy of enforcement as outlines 1}y Mr. Prosise and recorded with the papers of this Board, be and it hereby is approved. Ayes: Mr. Horner, Mr. Myers, [,Ir. Apper'son, ]qr. Krepela and Mr. O'Aleill. 3. Ayes: Mr. Prosise asked further for the employment of 1 Engineering Aide and inspectors and it was generally agreed that tnzs would be discussed in the budget session in January. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that the following street lights be and they hereby are approved for installation: 1.Three lights for Health Department, At the northeast corner of building on a new Pole, on pole 136-C and on pole 136-E. 2. Three lights in Hickory Hill Estates, at the intersection of Hickory Road ~nd Willo%~dale Road, Pole ~1K0919; Ravensbourne and Hickory Road Pole GL, 3571. SouthweSt corner Winterbourne Dr & ~-~' - · ~";lntezbourne Ct.-new pole. One light on southwest corner Holborn Road and Lancers Boulevar¢]-new pole. Mr. Homer, Mr. Myers, [..ir. Apperson, Hr. Krepela and [4r. O'Neill. It was generally agreed that the Light Committee ~.~outd review ~agnolia Avenue and Kingsdale Road. ilOn motion of ~ir. Apperson, seconded by Mr. Myers, it is resolved that Fund 12 be used exclusively in the accounting of the Revenue Sharing-monies from the !~Federal Government~ iAyes: Mr. Hornet, Mr. Myers, Mr. Apperson Mr. Krepeia and Mr. O'Neill. ' :i ~ On motion of Mr. Apperson, seconded ]Dy Mr. Myers, it is resolved that the ':.amount of $26,700.00 be appropriated from the unappropriated surplus of the !iGeneral Fund to Legal Fees 11-189-230 to provide funds for the payment of ~ilegal fees to Williams, Christian and Mullens. And ]De it Further Resolved, that the sume of $29,950.00 be transferred from Item 11-103-220 to the following accounts: 11-103-215.0 Repairs and Maintenance 11-103-312.0 Truck Operation 11-103-312.1 Equipment Operation 11-103-319.0 Office Supplies 11-103-323.0 Materials and Supplies 11-103-325.0 Uniforms $5,000.00 12,000.00 10,850.00 200.00 1,000.00 900.00 iAyes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. }<repela and ~Ir O'Neill On motion of Mr. Apperson, seconded by Mr. ~,[yers, it is resolved that the sum iof $150.00 be added to Item 13.-021-220 an(] the sum of $180.00 to item 11-031-220 ~and that theRevenue side of the budget be increased $150.00 on 620.1 and $180.00 !on 620.2 being the Travel Expenses for the Commissioner of the Revenue and the !Treasurer of the County. Ayes: Mr. Homer, Mr. Myers ~,Ir. Apperson, ~¥[r. KreDela and l, lr O'Neill ~.!On motion of Mr. Kre ~1 · p~ a, seconded by Mr. Myers, it is resolved that the }Dill in the amount of $3,386.08 for the County's participation in the Virginia Association of Counties be pai¢~. !And Be it Further Resolved, that $886.08 be transferred from tl'le unaDprop~-iated isurplus of the General[ ~'und to 11-011-206. -' ' '- 2~yes: ~ir. ~,ir. Myers i,[r. Apperson, l. ilr. Krepela an~! ~,ir. C'Nei!l. Homer, , ' 72-106c ~)n motion of Mr. Myers, secondec] by 1-1r. Apperson, it is resolved that the ~,request of Mr. C. l.i. Cunningham for rezoning to General Business C-2 on i~arcel of land on the Chester Road, be and it hereby is defc.~-~ to i~e)o. 14, 1973 .'Since there is no one here to speak for this request. iAyes: ~lr. Horner Mr Myers, ~r. Apperson, 72-40U In Bermuda Magisterial District Clarence E. Rackley requests a Use Permit to operate a grocery store on a parcel of land of irregular shape, containing 2 acres, having an east-west depth of approximately 460 feet, a north-south depth of approximately 290 feet, and being located at the east terminus of Bermuda Avenue in Chesterfield Manor Subdivision. Refer to Tax Map Sec.152-2(1) parcel 3. Mr. Leo Myers speaks for Mr. Rackley, who was taken to the Hospital two days ago and states he has investigated this matter thoroughly, talked with the people in the area and is satisfied that Mr. Rackley is not dePreciating values. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that a Use Permit to operate a grocery store be granted to Mr. Rackley only, subject to the following conditions: 1, 2. Only one sign no larger than 2 sq. ft. shall be permitted. The hours of operation shall be limited to between 9:00 A.M. and 7:00 P.M. ~ Monday through Friday and between 9:00 A.M. and 9:00 P.M. on Saturdays. No Sunday operation shall be permitted. No change, alterations or additions to any existing structure relating to this operation shall be made. The exterior storage of materials, supplies, equipment or articles for sale shall be prohibited. Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-41U ~iMr' Richard Cocke, representing the Creative Country_ Day School, comes before lithe Board requesting a Use Permit to construct and operate a child oriented ilamusement park and family picnic grounds with related activities on a parcel ilof land of irregular shape, containing approximately 32 acres, fronting inter- iimittently approximately 750 feet on Ecoff Avenue (Route 1502), extending north- [wardly to a depth of approximately 1,530 feet, and being located approximately -il500 feet west of the intersection of Ecoff Avenue and the VEPCO transmission ,line 'easement, and better known as 5300 Ecoff Avenue in Bermuda Magisterial IDistrict. Refer to Tax Map Sec.ll5-1 (1), parcel 1. ilThis request had been deferred to this meeting. Mr. Cocke gives a brief presentation stating that he has 30 acres next to the Golf Course, he reads a two-page letter and again requested a deferment because his clients have not come to the Courthouse. Mr Addison G. Herring states that he is the sole owner of the tract in question and that he would not allow anything on Ecoff Avenue to be detrimental to his neighbors. Mrs. Virginia Colona asked the question - Who owns the land? Mrs. Charles Mills states that her zoning notice was for a school rather than a recreational venture. Mr. James Colona states that 1,200 parking spaces are too many for an area of this kind. Mr. Cocke explains that the applicant does not want a school at this time. ~r. J. R. Lail states that the applicant does not have the right to change his request without re-advertising. Mr. Fleming states that if this proposed zoning change goes through, the neighborhood will deteriorate. Mr. R. T. Dietle requested that the Board turn down this request and presents a petition signed by numerous people in the area against the proposal. Mr. Mason Chalkley states that this is not the place for a business, that Ecoff Avenue could not stand the strain of such an increase in traffic. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. O'Neill, it is resolved that the Use Permit request be and it hereby is denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-97C Mrs. Mildred Spencer comes before the Board and states that the Highway did contact her two years ago in an effort to purchase a right-of-way for Route 288, ~hat they have not been back since that time and presents a plan of development ~or the entire tract as a business subdivision. 4r. Robert Carter states that he drew the plan which was completed yesterday ·nd did not have time to present it to the Planning Commission. On motion of Mr. Apperson, sewnded by Mr. O'Neill, it is resolved that the property of ~rs. Spencer be and it hereby is rezoned to General Business -C-2 to be designated B-3 on the map as of January 1, 1973t from the southern line of proposed Route 288 southwardly including the 75-acres as requested: however, the small parcel of Route 288 is not zoned at this time. ~yes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. |1111~ ~.111 I . I J ~ L f~ I J 72-101C Mr. D. E. Peterson, representing Mr. John W. Harlan, comes before the Board requesting a two-weeks deferment. Upon consideration whereof, and on motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that this matter be deferred to 2:00 P.M. on December 27, 1972. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-107C Mr. P. L. Travis, representing the B.DoT. Associates, comes before the Board requesting the rezoning from Agricultural (A) to General Business (C-2) of a parcel of land of rectangular shape, containing approximately 3 acres, fronting approximately 400 feet on Turner Road, extending southwestwardly to a depth of approximately 450 feet and being located approximately 500 feet north of the intersection of Turner Road and Walmsley Boulevard, in Clover Hill Magisterial District. Refer to Tax Map Sec. 40-2 (1) parcel 11. Mr. Travis describes the property in detail, stating that an 8-story telephone building will be constructed on the property due north of property question, that he proposes two buildings of 21,000 sq. feet each, and states further that he will be given a widening strip for Turner Road and presented a petition from property owners facing business zoning on Turner Road. Mr. Cooper and Mr. Cox both state that they had rather have business on Turner Road than apartments/ Upon consideration whereof, and on motion of Mr. Horner, seconded by Mr. Apperson, it is resolved that the aforedescribed parcel of land be and it hereby is rezoned to C-2 which parcel will go to B-3 on January 1, 1973, all with the understanding that the applicants will re-apply for M-1 in the near future. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-108C Mr. Raymond Powers comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-l) of a parcel of land of irregular shape fronting approximately 2,050 feet on Hicks Road (Route 647), extending northeastwardly to a depth of approximately 1,020 feet, and being located approximately 380 feet, northwestwardly of the intersection of Hick s Road and Dowd Lane in Clover Hill Magisterial District. Refer to Tax Map Sec. 39-11 (1) parcel 6. There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Homer, seconded by Mr. Apperson, resolved that the aforedescribed parcel of land be and it hereby is rezoned for R-1 purposes. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-109c Mr. Bert Ghodotti comes before the Board requesting the rezoning from Agricultural (A) to Residential (R-2) of a parcel of land of rectangular shape containing approximately 40 acres, fronting 1,220 feet on Treely Road, extending northeast- wardly to a depth of 1,700 feet and being located approximately 720 feet northwest of the intersection of Greenbriar Drive and Carmel Drive in Matoaca Magisterial District. Refer to Tax Map Sec. 148-7 (1) par. 2. There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. O'Neill, seconded by Mr. Apperson, resolved that the aforedescribed parcel of land be and it hereby is rezoned to R-2. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-110C Mr. Lloyd C. Journigan, Jr. comes before the Board requesting the rezoning from General Business (C-2) to Residential (R-2) and the granting of a Use Permit for 604 apartment units on a parcel of land of irregular shape, containing approximately 70 acres, fronting intermittently 919.92 feet on Jefferson Davis Highway (Route 1/301), extending northeastwardly approximately 1,412 feet south of the intersection of Jefferson Davis Highway and Osborne Road (Route 616) in Bermuda Magisterial District. Refer to Tax Map Sec.116-2 (1) part of parcel 5, Sec. 116-2 (1) parcel 17. There appearing no one in opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Myers, seconded by Mr. O'Neill, resolved that the aforedescribed parcel of land be and it hereby is rezoned to Residential-2 and a Use Permit is granted for the construction of 604 apartment units as requested with the following conditions suggested by the Planning Staff: 1. The developer shall provide an accurant account of the drainage situation, showing existing drainage and the impact this project will have on the site and surrounding area. The developer shall submit a plan to the County Engineering Department which will provide for on and off site drainage control. The plan shall explain the method and show facilities to be utilized in the hydraulic engineering of this project. This plan shall be approved by the Engineering Department prior to the issuance of any building permit and implemented prior to the issuance of any occupancy permit. 2. The developer shall submit a plan for erosion and sediment control to the County Engineering Department. Such a plan is to be comprised of vegetative and engineering practices (as outlined in the Erosion and Sediment Control Technical Handbook) published by the James River Soil and Water Conservation District) to be utilized as erosion and sediment control measures for the project. The plan shall be approved prior to any clearin~ grading or otherwise disturbance of the sOil, terrain, or existing vegetation. 3. Utility (water & sewer) plans shall be submitted to and approved by the County Engineering Department prior to the issuance of any kuilding permit. All necessary water, sewer and drainage easements, as may be determined by the county Right-ofWay Engineer, shall be granted to and for the County of Chester- field free and unrestricted prior to the issuance of any building permit. 4. Ail private drives shall be paved to a width of 25 feet Curb to curb utilizing curb and gutter. The developer shall see to the prohibition of parkir~ thereon. 5. Parking spaces shall be provided at a ratio of 1.8 spaces per dwelling unit. The total calculation thereof shall include an area or areas set aside and designed for the parking of trucks, campers, boats, travel and utility trailers. All parking spaces shall be paved, utilizing curb and gutter and marked at 10 ft. x 20 feet. 6. Ail structures shall be separated by a minimum of 30 feet. 7. There'shall be a twenty-five (25) minimum building setback from all property lines, public streets, private roads, drives and entrances. 8. Ail structures shall be a minimum of fifteen (15) ft. from any parking space. 9. Thirty-five (35) ft. of right-of-way measured from the centerline along Osborne Road shall be dedicated, free and unrestricted, to and for the County of Chesterfield by a "Deed of Dedication", prepared by the Right-of-Way Engineer, upon receipt of a proper plat, prior to the issuance of any building permit. .10. No structures shall exceed a length greater than 200 feet. 11. Sidewalks shall be provided and shown in front of and connecting all apartment units, recreational facilities, private drives, public roads and parking areas. Such sidewalks shall be provided at a width of at least 4 ft. 12. No building or recreational facility shall be constructed within any flood plain area. 13. A swimming pool and club house facility shall be constructed prior to the issuance of any building permit after the first 200 units. 14. Speed bumps, mounds, hills, and dips or any other such control devices shall be prohibited and the project layout shall be so designed at to eliminate straight of way(s) exceeding 500 feet on all private roads, drives and parking areas. 15. All final site, layout and landscaping plans shall be approved by the Planning Department prior to the issuance of any building permit. Such plans shall include the above noted conditions and requirements, showing them graphically with notes pertinent thereto. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-111C Mr. Horner states that he owns property next to the applicant and retires from the Board room. Mr. Dennis Watson comes before the Board requesting the rezoning from Agricultural · (A) to Mobile Home Park (M/q-l) of a parcel of land of irregular shape, contain- ~ ing 90.37 acres, fronting 50 ft. on Hull Street R~ (Rt. 360), extending north- ~ westwardly to a depth of approximately 3,700 feet, and being located approximately one mile west of'the intersection of Skinquarter Road (Rt. 603) and Hull Street Road (Rt. 360) in Clover Hill Magisterial District. Refer to Tax Map Sec. 71 (1) parcel 11 and part of parcel 23. ~ Mr. Watson states that he will donate land for a Rescue Squad and Fire Department. ' Mr.Alex Sadler, Consulting Engineer, presents a plan approved by the Water ~ Control Board for a sewerage treatment plant which will have 98% removal of effluent before it enters the stream. He states further that it will be necessary to keep a certified operator on hand to maintain and operate this plant, that there will be no problem with sewage and it will not affect downstream ponds on the use of the water. Mr. A. E. Tare, Jr. states that he owns land downstream, that he has approxi- mately 125 acres under water in two or more lakes and that he is greatly concerned over the pollution of these lakes. Mr. Bernard Wood states that he has just built a new home and that such a Mobile Home Park will adversely affect property owned in the area. He states that the applicant hopes to supply water from three deep wells and expresses his concern on the effect of the water table in the area and the effect on the County if the water supply from the well would deteriorate or if the Sewer treatment plant would fail to operate properly. Mr. Aubrey Carr owns 160 acres adjacent to the Watson tract and states that the stream into which the sewerage plant will discharge does not flow the year around and generally it dries up in the summertime. Mr; J. K. Timmons expresses grave concern due to the leap-frog development, the possibility of the failure of utility systems. Mr. Sadler states that if the utilities fail the venture fails, that he has made no exploration for water in the area. Mr. Apperson states that there is no way of correcting a failure and that the County may be forced to take care of any failures in this area. Mr. Myers states that we have had bad relationship with package plants. Upon consideration whereof and on motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that on the recommendation of the Planning Commission that this matter be denied. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Whereupon, Mr. Krepela states that he approves the concept of package plants to handle isolated sewer situations of this kind, but he does not agree that this is a spot for a Mobile Home Park. 72-112C Mr. Thomas A. Southall comes before the Board requesting the rezoning from Agricultural (A) to General Business (C'-2) of a parcel of land of irregular shape, containing 4.9 acres, fronting approximately 465 feet on Jefferson Davis Highway %Rt. 1/301) approximately 305 feet on Happy Hill Road (Rt. 619) and being located in the northeast quadrant of the intersection o f the afore- mentioned roads in Bermuda M~gisterial District. Refer to Tax Map Sec. 149-11 (1) parcel 2. Mr. Southall states that he has a 24' x 40' building which is 15 feet over the general business zoning and would like the rest of his property zoned for business purposes. Whereas, there is no opposition to this request and the Planning Commission having recommended approval, it is on motion of Mr. Myers, seconded by Mr. Apperson, resolved that the aforedescribed parcml of land be and it hereby is zoned for General Business (C-2) to be'zoned B-1 January 1, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-113C Mr. Thomas Daniel represented by Mr. P. L. Travis, comes before the Board requesting the rezoning from Agricultural (A) to General Business (C=2) of a parcel of land of irregular shape fronting approximately 370 feet on Hull Street Road (Rt. 360), extending southeastardly to a depth of approximately 310 feet, and being located opposite the intersection of Druid Drive and Hull Street Road, and better known as 7301 Hull Street Road in Clover Hill Magisterial District. Refer to Tax Map Sec. 40-2 (1) parcel 4. Mr. Travis states that there is no opposition to this request and at the price paid for this tract of land $160,000, he is certain that the owner will develop it with some reasonable use. Upon consideration where.of, and on motion of Mr. Horner, seconded by Mr. Krepela, it is resolved that the aforedescribed parcel be and it hereby is rezoned to General Business C-2 to be zoned B-3 on January 1, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-114C Mr. Frank Cowan, representing the Hilmar Builders, comes before the Board requesting the rezoning from Agricultural (A) to General Business (C-2) of a parcel of land of triangular shape, containing 1.9 acres, fronting 583.69 feet on River Road (Rt. 602), also fronting 487.12 ft. on Ivy Mill Road (Rt.657) and being located in the west corner of the intersection of the aforementioned roads in MatOaca Magisterial District. Refer to Tax Map Sec. 158 (1) part of parcel 6. There appearing no one in opposition to this request, and the Planning Commis- sion having approved zoning to C-1 rather than C-2, it is on motion of Mr. O'Neill, seconded by Mr. Myers, resolved that the aforedescribed parcel of land be and it hereby is rezoned for C-1 purposes. Ayes: Mr. Hornet, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-115C Mr. Frank Cowan, representing the applicant, Mr. Willie A. Nunnally, comes before the Board requesting that the application for this rezoning be withdrawn. On motion of Mr. Myers, seconded by Mr. Krepela, it is resolved that this Board accepts the withdrawal of this application. It is here noted that about 10 people, appear against this zoning request. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-116C Mr. Krepela states that there may be a conflict of interest on tkis zoning request and retires from the Board room. No one appears in behalf of the following request: . In Dale Magisterial District Lewhite Leasing Corporation requests the rezoning from Residential (R-2) to Industrial (M) of a parcel of Land of irregular shape, fronting approximately 350 feet on Castlewood Road approximately 325 feet on A.C.L. RR. right-of-way, and being located in the east half of the intersection of the aforementioned street and right- of way. Refer to Tax Map Sec. 42-14 (1) parcel 2-1. There appears that there is substantial opposition to this request and the Planning Commission having recommended denial, it is on motion of Mr. Apperson, seconded by Mr. Myers, resolved that the request for the above rezoning be and it hereby is denied. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. O'Neill. 72-117C Mr. Horner states that since he is interested in this zoning case he will retire from the Board room. Mr. Leonard Paris, comes before the Board requesting a deferment for thirty (30)days and reminds the Board of his wishes to conduct a tour of the asDhalt plant to witness a blast. Mr. John Dotson, representing the opposition to this case requested a 90 day delay. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this matter be deferred to February 14, 1973. Ayes: Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-118C Mr. Garland Dodd, representing Kent's Enterprises, comes before the Board requesting the rezoning from Agricultural (A) and General Business (C-2) to Mobile Home Park (MH-1) a parcel of land of rectangular shape, containing 1.7 acres, fronting approximately 140 feet on ~tersburg Pike (Rt. 1/301) also fronting approximately 415 feet on Sunset Avenue and being located in the north- west quadrant of the intersection of the aforementioned roads, in Bermuda Magisterial District. Refer to Tax Map Sec. 116-10 (3) Blk. B, lots 1-6 and 28-33 Cool Springs. There appearing no one in opposition to this request, it is on motion of Mr. Myers, seconded by Mr. Krepela, resolved that the aforedescribed parcel of land be and it hereby is zoned for a Mobile Home Park (F/q-l). Ayes: Mr. Homer, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. 72-39U ~ Mr. John Moore, representing Fralin and Waldron, Inc. comes before the Board requesting the rezoning from Residential (R-2) to Townhouse (TH-l) of a parcel ' of land of irregular shape fronting 780 feet on Hopkins Road, approximately 900 feet on Little Creek Lane and being located approximately 240 feet south of the intersection of Hopkins Road add Meadowdale Blvd., in Dale Magisterial District. Refer to Tax Map Sec. 52-15 (1) parcel 9. Mr. Moore states that he wishes to amend his request to allow TH-1 zoning. ii He states that the County School Board is interested in 12 acres and wishes ilto leave this out of the zoning request, So that there will be no confusion · as to this school site. Mr. Moor explains the ramp over Chippenham and states that his clients are well qualified builders and there would be 7-1/2 units per acre, involving 1,600 sq. ft. as a minimum which would sell for $26,000 to $31,000 per Townhouse. Mr. Charles Salmon presented a petition signed by some 88 citizens against the proposal. Mr. Kelley miller, representing the Fuqua Farms Civic Association, cites the statistics on multi-family units in the area and expressed great concern as to the continued growth of multi-family zoning. Mr. John Brown requested the Board not to succumb to the pressure of change and to keep the area a single family neighborhood Mr. John Moore states that the density is little greater with Townhouses than it would be with single family residents and could easily have less cars with Townhouse zoning than with single family. Mr. Scott BlankenshiD, President of the Fuqua Farms Association, requested that the zoning be denied. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this request be and it hereby is denied in accordance with the Planning Commission's recommendation. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Mr. Gene Cloud, representing the Swift Creek Company comes before the Board requesting a Use Permit to operate a clubhouse, recreational facilities and related activities on a parcel of land, containing approximately 150 acres, fronting approximately 3,740 feet on Old Hundred Road (Rt. 652), extending westwardly to a depth of approximately 4,600 feet, and being located approxi- mately 2,900 feet south of the intersection of Old Hundred Road and Otterdale Road in Clover Hill Magisterial District. Refer to Tax Map Sec. 47 (1) parcels 4, 4-1, 5 & 7:48 (1) parcels 8, 9, 10-1 and 11-1:61 (1) parcels 6,8, 9, 10, 11, 12, 13, 61-12 parcel 1:62 (1) parcels 11-2 and 20. Mr. Cloud explains the reason for the request and agress to the restrictions suggested by the Planning Department. Upon consideration whereof and on Motion of Mr. Horner, seconded by Mr. Apper- son, it is resolved that a Use Permit to operate a clubhouse, recreational facil- ities and related activities on the aforedescribed parcel of land be and it hereby is granted. It is here noted that the Use Permit runs with the land in this instance, upon the condition that the following conditions be imposed. The developer shall provide an accurate account of the drainage situation showing existing drainage and the impact this project will have on the site and surrounding area. The developer shall submit a plan to the County Engineering Department which will provide for on and off site drainage control. The plan shall explain the method and show the facilities to be utilized in the hydraulic engineering of this project. This plan shall be approved by the Engineering Department prior to the issuance of any building permit and implemented prior to to the issuance of any occupancy permit. 2e 4t Se 6e 7e 9e Ayes: The developer shall submit a plan for erosion and sediment control to the County Engineering Department. Such a plan is to be comprised of vegetative and engineering practices (as outlined in the Erosion and Sediment Control Technical Handbook" published by the James River Soil and Water Conservation District) to be utilized as erosion and sediment control measures for the project. The plans shall be approved prior to any clearing, grading or otherwise disturbance of the soil, terrain, or existing vegetation. Utility (water and sewer) plans shall be submitted to and approved by the County Engineering Department prior to the issuance of any building permit. All necessary water, sewer and drainage elements, as may be determined by the County Right-of-Way Engineer, shall be granted to and for the County of Chesterfield free and unrestricted prior to the issuance of any building permit. The road, shown on the plan as "entrance drive" shall be dedicated and constructed as a public road when and if the TH areas adjacent to the proposed road are developed. This road shall be approved by the Planning Commission and dedicated in conjunction with the recordation of that section of the single-family subdivision adjacent to the south of the Club Complex. The road shall have a right-of-way of not less than 50 ft. and that portion of the road serving Phase I shall be constructed and accepted into the State Highway System prior to the issuance of any occupancy permits for Phase I. Parking areas and private drives shall be paved curb to curb utilizing curb and gutter. Eadh parking space shall be 10 ft. X 20 ft. in size and provided at a ratio of at least one space per each 100 sq. ft. of gross floor area calculated from all Club structures, plus additional ~aces equaling one-half ~he total user~capacity of all other club complex recreational facilities, plus five spaces per each golf course hole. Ail private drives shall have a pavement width of at least 25 ft. Ail Areas, yard, and peremeters, adjacent to proposed residential housing areas shall be shown providing a buffer of at least 35 ft. This buffer shall either be left in a natural state or landscaped. No structures or recreational facility shall be placed in the buffer area. Ail final site layout and landscaping plans shall be submitted to and approved by the Planning Department. Such plans shall reflect the above noted conditions showing them graphically with notes pertinent thereto. Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill 72-T-16S Mr. P. R. Wallace, representing Mr. James A. Williams comes before the Board requesting a Use Permit to continue the location of a Mobile Home on Twinridge Lane approximately 400 feet north of its intersection with the Midlothian Turn- pike (Rt. 60). Refer to Tax Map Sec. 18-15 (1) parcel 8-1. Upon consideration whereof, and on motion of Mr. Krepela and seconded by Mr. Apperson, it is resolved that a Use Permit to locate a Mobile Home on the aforedescribed property be and it hereby is granted for a period of two (2) years. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Krepela, seconded by Mr. Apperson, it is resolved that the following erroneous tax claims be approved for payment: Lois S. Castlebury Pers. Property Tax $8.84 Thornton C. Taylor Pers. Property 1972 115.60 Robious, Inc. First half Pers. Prop. Tax 1972 22.94 Lynn Hamilton Trailer Parking Fee 25.00 Blair ~ilbert Andrews Vehicle license sticker 5.00 Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the following Ordinance be passed on an emergency basis: AN ORDINANCE to amend and reordain Chapter 7, Section 7-18 of the Code of the County of Chesterfield to provide for the conducting of a public dance hall on December 31 when such date shall'fall on a Sunday. BE iT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 7, Section 7-18, of the Code of the County of Chesterfield be and it is hereby amended and reordained to read as follows: Sec. 7-18 Same--When Operation Prohibited It shall be unlawful for any person conducting a public dance hall to have such dance hall open on Sundays between the hours of 12:01 A.M. and 11:59 P.M. or open on Monday between the hours of 12:01 A.M. and 9:00 A.M. or open on any other weekday between the hours of 1:00 A.M. and 9:00 A.M. Provided at such times that December 31 may be on a Sunday, then it shall be lawful to conduct a public dance beginning no earlier than 9:00 P.M. and ending no later than 2:00 A.M. the following Monday. This ordinance shall be in full force and effect from and after the date of passage. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr O'Neill On motion of Mr. Krepela, seconded by Mr. Myers, It is resolved that a special appropriation of $500.00 from the unappropriated surplus of the General Fund be appropriated to Item ll-072-104-Compensation cf Inspector, to be used to hire a part-time fire inspector from now until January 8 1973 due to the large number of new stores and Christmas hazards. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill On motion of Mr. Apperson, seconded by Mr. Krepela, it is resolved that the Criminal Justice portion of the Comprehensive Plan of the Richmond Regional Planning District as it relates to the needs of Chesterfield County be, and it hereby is approved. ' Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. Apperson. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that Miss Sandra Skipper be employed as Extension Agent in Chesterfield County as of January 1, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion of Mr. Myers, seconded by Mr. Apperson, it is resolved that the sum of $1,577.00 be appropriated from the unappropriated surplus of the General Fund to Item 11-189-326.0 Survey and Special Reports, Planning District Chesterfield,s share in the Mass Transit Study. Ayes: Mr. Homer, Mr. Myers, Mr. Apperson and Mr. Krepela. On motion o'f Mr. Apperson, seconded by Mr. Myers, it is resolved that the County Administrator be authorized to employ a Land Appraiser to set a value on the parcel of land separating the home of Jimmy Martin and Cogbill Road, which parcel is owned by the County. Ayes: Mr. Horner, Mr. Myers, Mr. Krepela and Mr. Apperson. On motion of Mr. O'Neill, seconded by Mr. Apperson, it is resolved that the following Ordinance be adopted: AN ORDINANCE to amend and reordain Chapter 6, of Article 4, Section 6-78 of the County Code of Chesterfield County, Virginia, by providing for the use of chemical tests to determine alcohol in blood; procedure~ qualifications and liability of person withdrawing blood, costs, evidence~ suspension of license for refusal to submit to tests: and providing specifically for the determination of the alcoholic content of blood by breath analysis as well as blood analysis. BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF CHESTERFIELD, VIRGINIA: That Chapter 6, Article 4, Section 6-78 of the Code of the County of Chesterfield, Virginia, be and it is hereby amended and reordained to read as follows: Sec. 6-78. Same--Use of chemical analysis to determine alcohol in blood: procedure, qualifications and l~ability of person withdrawing blood; costs~ evidence~ suspension of license for refusal to submit to test; breath analysis as well as blood analysis to determine alcohol in blood. (a) As used in this section, "license" means any operator's, chauffer's or learner's permit or license authorizing the operation of a motor vehicle upon the highways. (b) Any person whether licensed by Virginia or not, who operates a motor vehicle upon a public highway in this county on and after January one, nineteen hundred seventy-three, shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood or breath taken for a chemical test to determine the alcoholic content thereof, if such person is arrestef for a violation of Section 6-77 within two hours of his alleged offense. Any person so arrested shall elect to have either the breath or blood sample taken, but not both. It shall not be a matter of defense that either test is not available. (c) If a person after being arrested for a violation of Section 6-77 and after having been advised by the arresting officer that a person who operates a motor vehicle upon a public highway in this county shall be deemed thereby, as a condition of such operation, to have consented to have a sample of his blood or breath taken for a chemical test to determine the alcoholic content of his blood, and that the unreasonable refusal to do so constitutes ground for the revocation of the privilege of operating a motor vehicle upon the highways of this county, then refuses to permit the taking of a sample of his blood or breath for such tests, the arresting officer shall take the person arrested before a committing magistrate and if he does again so refuse to having been further advised by such magistrate of the law requiring a blood or breath test to be taken and the penalty for refusal, and so declares again his refusal in writing upon a form provided by the Division of Consolidated Laboratory Services (hereinafter referred to as Division), or refuses or fails to so declare in writing and such fact is certified as prescribed in paragraph (j) then no blood or breath sample shall be taken even though he may thereafter request same. (d) Only a physician, registered professional nurse, graduate laboratory technician or a technician or nurse designated by order of a court of record acting upon the recommendation of a licensed physician using soap and water to cleanse the part of the body from which the blood is taken and using instruments sterilized by the accepted steam sterilizer or some o~:her sterilizer which will not affect the accuracy of the test, or using chemically clean sterile disposable syringes, shall withdraw blood for the purpose of determining the alcoholic content thereof, No civil liability shall attach to any person authorizing to withdraw blood as provided herein as a result of the act of withdrawing blood from any persOn submitting thereto~ provided, the blood was withdrawn according to recognized medical procedures~ and provided further that the foregoing shall not relieve any such person from liability for negligence in the withdrawing of any blood sample. (d-l) Portions of the blood sample so withdrawn shall be placed in each of two vials provided by the Division, which vials shall be sealed and labeled by the person taking the sample or at his direction, showing on each the name of the accused, the name of the person taking the blood sample and the date and time the blood sample was taken. The vials shall be placed in two containers provided by the Division, which containers shall be sealed mo as not to allow tampering with the contents. The arresting or accompanying officer shall take possession of the two containers holding the vials as soon as the vials are placed in such containers and sealed, and shall transport or mail one of the 9ials forthwith to the Division. The officer taking possession of the other container (hereinafter referred to as second container) shall, immediately after taking possession of such second container give to the accused a form provided by the Division which shall set forth the procedure to obtain an independent analysis of the blood in the second container, and a list of those laboratories and their addresses, approved by the Division: such form shall contain a space for the accused or his counsel to direct the officer possessing such second container to forward that container to such approved laboratory for analysis, if desired. The officer having the second container after delivery of the form referred to in the preceding sentence (unless at that time directed by the accused in writing on such form to forward the second container to an approved laboratory of the accused's choice, in which event the officer shall do so) shall deliver such second container to the chief of police officer of the County, and the Chief police officer who receives the same shall keep it in his possession for a period of seventy-two hours, during which time the accused or his counsel may, in writing, on the form provided hereinabove, direct the Chief police officer having possession of the second container to mail it to the laboratory of the accused's choice chosen from the approved list. (d-2) The testing of the contents of the second container shall be made in the same manner as hereafter set forth concerning the procedure to be followed by the Division, and all procedures established h~rein for transmittal, testing and admission of the result in the trial of the case shall be the same as for the sample sent to the division. (d-3) A fee not to exceed fifteen dollars shall be allowed the approved laboratory for making the analysis of the second blood sample which fee shall be paid out of the appropriation for criminal charges. If the person whose blood sample was withdrawn is subsequently convicted for violation ~ Section 6-77, the fee charged by the laboratory for for testing the blood sample shall be taxed as part of the costs of the criminal case and shall be paid into the general fund of the State treasury~ (d-4) If the chief police officer having possession of the second container is not directed as herein provided to mail it within seventY-two hours after receiving said container then such officer shall destroy same. (e) Upon receipt of the blood sample forwarded to its office for analysis the Division shall cause it to be examined for alcoholic content and the Director of the Division, or his designated representative, shall execute a certificate which shall indicate the name of the accused, the date, time and bY whom the blood sample was received and examined, a statement that the container seal had not been broken or otherwise tampered with, a statement that the container was one provided by the Divison and a statement of the alcoholi~ content of the sample. The certificate attached to the vial to the clerk of the court in which the charge will be heard. The certificate attached to thgcontainer forwarded on behalf of the accused shall also be returned to the clerk of the court in which the charge will be heard, and such certificate shall be admissible in evidence when attested by the pathologist or by the supervisor of the laboratory approved by the Division. (f) When any blood sample taken in accordance with the provisions of this section is forwarded for analysis to the Division, a report of the results of such analysis shall be made and filed with that office. Upon proper identifi- cation~of the vial into which the blood sample was placed, the certificate as provided for in this section shall, when duly attested by the Division or any designated representative, be admissible in any court, in any criminal proceedings, as evidence of the facts therein stated and of the results of such analysis. (g) Upon the request of the person whose blood or breath sample was taken for a chemical test to determine the alcoholic ~ntent of his blood, the results of such test or tests shall be made available to him. (h) A fee not exceeding ten dollars shall be allOwed the person withdrawing a blood sample in accordance with this section, which fee shall be paid out of the appropriation for criminal charges. If the person whose blood sample was withdrawn is subsequently convicted for violation of section 6-77 the amount charged by the person withdrawing the sample shall be taxed as part of the costs of the Criminal case and shall be paid into the general fund of the State treasury. (i) In any trial for a violation of Section 6-77 this section shall not otherwise limit the introduction cf any relevant evidence bearing upon any question at issue before the court, and the court shall, regardless of the result of the blood or breath test, or tests, if any, consider such other relevant evidence of the condition of the accused as shall be admissible in evidence. The failure of an accused to permit a sample of his blood or breath to be taken for a chemical test to determine the alcOholic content of his blood is not evidence and shall not be subject to comment at the trial of the case~ nor shall the fact that a blood or breath test had been offered the accused be evidence or the subject of comment. (j) The form referred to in paragraph (c) shall contain a brief statement of the law requiring the taking of a blood or breath sample and the penalty for refusal, a declaration of refusal and lines for the signature of the person from whom the blood or breath sample is sought, the date and the signature of a witness to the signing. If such person refuses or fails to execute such declaration, the committing justice, clerk or assistant clerk shall certify that, and that the committing justice, clerk or assistant clerk advised the person arrested that such refusal or failure, if found to be unreasonable, constitutes grounds for the revocation of such person's license to drive. The committing or issuing justice, clerk or assistant clerk shall forthwith issue a warrant, charging the person refusing to take the test to determine the alcoholic content of his blood, with violation of this section. The warrant shall be executed in the same manner as criminal warrants. (k) The executed declaration of refusal or the certificate of the committing justice, ~ the case may be, shall be attached to the~arrant and shall be forwarded by the committing justice, clerk or assistant clerk to the court in which the offense of driving under the influence of intoxicants shall be tried. (1) When the court receives the declaration of refusal or certificate referred to in paragraph (k) together with the warrant charging the defendant with refusing to submit to having a sample of his blood or breath taken for the determination of the alcoholic content of his blood, the court shall fix a date for the trial of such warrant, at such time as the court shall designate, but subsequent to the defendent's criminal trial for driving under the influenc~ of intoxicants. (m) The declaration of refusal or certificate under paragraph (k), as the case may be, shall be prima facie evidence that the defendant refused to submit to the taking of a sample of his blood or breath to determine the alcoholic content of his blood as provided hereinabove. However, this shall not be deemed to prohibit the defendant from introducing on his behalf evidence of the basis for his refusal to submit to the taking of a sample of his blood or breath to determine the alcoholic content of his blood. The court shall determine the reasonableness of such refusal. (n) If the court shall find the defendant quilty as charged in the warrant, the court shall suspend the defendant's license for a period of ninety-days for a first offense and for six months for a second or subsequent offense or refusal within one year of the first or other such refusals: the time shall be computed as follows: The Date of the first offense and the date of the second or subsequent offense. (o) The court shall forward the defendant's license to the Commissioner of the Division of Motor Vehicles of Virginia as in other cases of similar nature for suspension of license unless, however, the defendant shall appeal his conviction in which case the court shall return the license to the defendant upon his appeal being perfected. (p) The procedure for appeal and trial shall be the same as provided by law for misdemeanors. (q) No person arrested for a violation of section 6~77 shall be required to execute the favor of any person or corporation a waiver or release of liability in connection with the withdrawal of blood and as a condition precedent to the withdrawal of blood as provided for herein. (r) ~he court or the jury trying the case shall determine the innocence or the guilt of the defendant from all the evidence concerning his condition at the time of thea lleged offense. (r-l) Chemical analysis of a person's breath, to be considered valid under the provisions of this section, shall be performed by an individual possessing a valid license to conduct such tests, with a type of equipment and in accordance with the methods approved by the State Health Commissioner. Such breath-testing equipment shall be tested for its accuracy by the State Health Commissioner's office at least once every six months. The State Health Commissioner is directed to establish a training program for all individuals who ware to administer the breath tests, of at least forty hours of instruction in the operation of the breath test equipment and the administration of such tests. Upon the successful completion of the training program the Commissioner may issue a license to the individual operator indicating that he has completed the course and is authorized to conduct a breath test analysis. Any individual conducting a breath test under the provisions of this section and as authorized by the State Health Commissioner shall issue a certificate which will indicate that the test was conducted in accordance with the manufacturer's specifications, the equipment on which the breath test was conducted has been tested within the past six months, the name of the adcused, the date, the time the sample was taken from the accused, the alcoholic content of the sample, and by whom the sample was examined. The certificate, as provided for in this section, when duly attested by the authorized individual conducting the breath test, shall be admissible in any court in any criminal proceeding as evidence of the alcoholic content of the blood of the accused. In no case may the officer making the arrest, or anyone with him at the time of the arrest, or anyone participating in the arest of the accused, make the breath test or analyze the results thereof. (s) The steps herein set forth relating to the taking, handling, identifi- cation and disposition of blood or breath samples are procedural in nature and not substantive. Substantial compliance therewith shall be deemed to be sufficient. Failure to comply with any one or more of such steps or portions thereof or a variance in the results of the two blood tests shall not of itself be grounds for finding the defendant!~not guilty, but shall go to the weight of the evidence and shall be considered as set forth above with all the evidence in the case~ provided, that the defendant shall have the right to introduce evidence on his own behalf to show noncompliance with the aforesaid procedure or any part thereof, and that as a result his rights were prejudiced. This ordinance is passed on an~nergency basis to be effective January 1, 1973. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson & Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. Myers, it is resolved that this Board go into Executive session. Ayes: Mr. Horner, Mr. Myers, Mr. Apperson, Mr. Krepela and Mr. O'Neill. Reconvening: On motion of Mr. Apperson, seconded by ~r. Myers, it is resolved that ~he following resolution be and it hereby is adopted: WHEREAS, Chesterfield County wishes to contract with Swift Creek Company for its participation in the development of a County sewerage system to serve the Swift Creek area of the County: and WklEREAS, the County proposes, subject to further approval by the Board of Supervisors, to issue Sewer Revenue Bonds to finance the construction of pumping station, force main, sewer line and related facilities in the Swift Creek area: BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, VIRGINIA: 1. McGuire, Woods' and Battle of Richmond, Virginia is hereby appointed to serve ~ bond counsel for the County in connection with the proposed authori- zation, issuance and sale of Sewer Revenue Bonds to finance facilities for the Swift Creek area, the contr.acting with Swift Creek Company in regard to such facilities, and such other matters as the Board of Supervisors may request. 2. McGuire, Woods and Battle is authorized to associate as counsel for the County the firm of Mudge, Rose, Guthrie and Alexander, New York, New York, at no additional cost to the County, in regard to the aforementioned~tters. 3. This Board hereby finds that the procurement of legal services hereunder, should not in the public interest, be acquired through competitive bidding. 4. This resolution and 'the employment hereunder shall, as to each of the above mentioned law firms, take effect immediately upon the lodging by such firm of written acceptance of such employment with the Executive Secretary of the County. Mr. Horner, Mr. Myers, Mr. Apperson, and Mr. O'Neill. Ayes: Nays: Mr. Krepela. On motion of Mr. Apperson, seconded by Mr. O'Neill, it is resolved that this Board adjourn at 7:50 p.m. to December 18 1972 at 8:45 A.M. Secretary Chairman