07-13-1966VIRGINIA: At a regular meeting of the Board
of Supervisors of Chesterfield County, held
at the Courthouse on July 13, 1966, at
9:00 a.m.
Present:
Rh~. Irvin G. Homer, Chairman
Mr. H.T. Goyne
Mr. R. H.Britton
Mr. J.Ruffin Apperson
Mr. Herbert O.Browning
Mr. Oliver D.Rudy, Corem. Atty.
Mr. Howard A. Mayo, Jr. Co. Planner
Mr. Robt. A. Painter, Co. Engineer
Mr. Fi. W.Burnett, Exec. Sec'y.
Absent: Mr.A.R. Martin
The Board of Supervisors of Chesterfield County this day approved all claims
presented to the County for the month of June, t966, and authorized the Treasurer
of the County to issue warrants as follows:
General County Fund:
Check No. 9LO1 through Check No.9289
Check No. 5098 thru Check No. 5436, in the aggregate
amount of
~66,865.68
115,085.99
County Garage Fund:
Check No. 9029 thruCheck
Check No.3599 thru Check No.3626, '
Check No. 3627 and 3628, and 3638,in the
aggregate amount of
8.856.82
Ettrick. Op.~ra~in.g Fund:
Check No. 9039 and 9040, and 3569,
Check No. 35?4 and 35?5 and 3598,
Check No. 3630 and 3633, 3639,
and 3641, in the a~gregate amount of
7,312.18
Ettrick Debt Fund
Check No. 3577, in the amount of
Check No. 3573
5,281.25
Dog Tax Fund
Check No.9035 thru Check No.9038,
Check No. 3567 and 3568~, Check No. 3572,
~Check No. 35?8 thru Check No.3581,
Check No. 362? and 3628, Check No.3638,
in the aggregate amount of
1,854.53
Street and Road Sign Fund:
Check No.~582 thru Check No.3585, in the amount of
Check No.3534,
Storeroom Fund:
Check No. 3~86 thru check No.3597, in the amount of
166.73
496.91
~a~roll Deductions:
Check No.3570 and 3571, 3576,
Check No.3636, and 363?,
Check No,3642 thru Check No.3650,3651
and 3652, in the aggregate amount of
69,064.~9
Utilities DeDa rtm ent-Opera ting:
Personal Services
Contractual Services
Materials & Supplies
Replacements & Additions
Cohst ru c ti on:
Personal Services
contract ual Servi ce s
Material,s & Supplies
Meter Installation:
Personal Services
Contractual Services
~aterials & Supplies
Replacements & Additions
15,520.8~
18,899.80
6,208.22
1.,8~8.64
4,955.29
43,052.87
14,080.76~
3,610.58
~4.45
9,6~g.29
?,445.o0
42,467.50
62. 088.92
21 ~364.32
Sewer Operating:
Personal Servic e~
Contractual Services
Materials & Supplies
Replacements & Additions
$3~808.33
1~427.14
2,789.53
Sewer Service Installation:
Contractual Services
Water Bond Construction:
C°ntrq ctuaI Services
Sewer Bond Consbruction:
~ersonal Services
Contractual Services
Materials & Supplies
Sewer ImPr.,Repl. and
~omt factual Services
6;534.32
165,224.54
4] 5.7O
~xt..Fund:
$8,251.50
1,473.57
1,211.65
Impr., Repl. &Ext. Fund:
Contractual Services
Replacements & Additions
Central Stores
172,174.~6
17.50
248,053.20
.... ?,2~1.24.
255,294.44
36,288.12
Refund Construction Contracts:
Refund Revenue
2cfund Sewer Revenue:
Refund Meter Deposits
Total
Check
Disbursements 0tilities Dept.:
No.S-325-441; S-862-1095
5,809.40
&2.65
7.74
665.00
$607,151.87
Mi s c ellan~Coll ecti ons Turned
/1/66 Board of Public Welfare
~1/66 Board~of Public Welfare
/1/66 George W.Moore, Jr. Treas.
1/66 George W.Moore, Jr. Treas.
5/66 Deot. of Welfsre & Inst.
~/66 Dept. of Welfare & Inst.
2/66 State Health Deot.
~/66 Chesterfield Western Riders
~/66 Board of Public Welfare
3/66 Board of Public '~elfare
)/66 Dept. of Welfare & Inst.
6/66 Mrs. Richard L.Gayle
6/66 Colonial Upholstery Co.
6/66 E.M. Hopkins, Inc.
6/66 Frank T.Crowder
~66 R'ms. H.R. Hartley
~66 Rildred P. Spencer
Estate of Walter N.Perdue
/66 J.K.Timmons
J. K.Timmons
Napier & Savage, Inc.
J.M.Wilkinson
Durrett Constr. Corp.
W.S. Pinc hb eck
City Motel
R.Pink~ey Sowers
J1 S.Ritchie & Sons, Inc.
The C&P Tel.Company
Reid Harris
over to the Treasurer, June, 1966:
Janitorial services
Telephone
Retirement Fund-Utilities Deot.
Group I~surance - - -
Probat ion Dept. -Mileage
Probation Dept.-Salaries (lst Qtr.)
State Health Dept.
~se of horse ring
Employer's share -Reti~ment
E~ployer's share-Insurance
Probation Dept.-Salaries
Rezoning fee
Rezoning fee
?!
" " (2)
O~erpay~lent on blll
Public telephone commissions
Rezoning fee
Loss by lighting damage
Rezoning fee
Royal-Glove Ins. Co.
Earl Call
14/66 Southside Va. Pony-Trotting Club' Use of race track
14/66 The Macke Company Con~nissions on food from vending
machines
6/14/66 Conm~onwealth of Virginia Gas tax refund
6/17/66 Commonwealth of Virginia State's share-Retirement
Constitutional Officers
6~17/.66 Virginia Supplemental Retirement Group Insurance
6/17/66 Cash
6/20/66 ~ Sanitary Supplies
6/22/66
6/22/66
6/22/66
Clifford A.Wells
Valvin G. Driskill
J. H. Aut ry
Thomas A. Gresham
Dempsey L.Bradl ey
Sidney Floyd, Jr.
Use Permit Fee
Rezoning Fee
?? ,?
6/22/66
6/22/66/
$50.0o
260.00
710.28
4o.32
128.76
123.86
760.o0
15.OO
152.31
8.76
776.9~
40.00
20.00
40.00
40.00
40.00
20.00
40.00
20.00
40.00
20.00
40.00
40.O0
40.00
20.00
80.O0
45.00
7.67
20.00
1883.60
20.00
50°00
32.41
68.57
9~0.73
28.16
1.00
20.00
2O.O0
20.OO
20.00
20.00
2O.O0
bIiscellaneous Collections Turned over to t?e Treasurer-June' 1~66:
General County Fund:
6/22/66
6/22/66
6/22/66
6/22/66
6/23/66
6/24/66
6/2?/66
6/28/66
6/26/66
6/28/66
6/28/66
6/28/66
6/28/66
6/28/66
6/29/66
6/29/66
6/30/66
6/30/66
7/90/66
6/30/66
6/3o/66
6/30/66
6/30766
6/30/66
Parkway Trailer Court
Foster & Miller
Jimmie C.Skelton
Helen Ri.Leneave
County of Amelia
Mfs.Ruth Aker~
Mildred P.Spencer
Humble Oil Company
David C. Benson
Herbert S.Flynn
Napie'r & Savage, Inc.
J.K.Timmons &Associates
Colonial Upholstery Co.
Cash (Peck Iron & MetAl)
Bit & Bridle Club
Cash (Peck Iron & Metal)
Chesterfield ',?estern Riders
Cash (Peck Iron & Steel)
Cash
Mrs. Floyd B.C&llihan
J. J. Jewett
7200 Corporation
J.K.Timmons & Associates
J.K.Timmons & Associates
6/17/'66
6/3/66
6/10/66
6/24/66
Rezoning Fee
Care of iUnelia Co. prisoners
Lunacy commission
Rezoning fee
Rezoning Fee
?,
Use of horse ring
Scrap iron
Use of horse ring & stables
Sale of scrap steel & iron
Sale of
Rezoning fee
Special St.& Road .Sign
St. Sign s-S~nandoah, Sect. "C"
Bank of' Va., Btate-Plan~mrs
Bank
Central National Bank, State-
Planters Bank
First & Merchants Bank,
Bank of Powhatan, State-PianO. ers
Bank, Va.Trust Company
State-Plan~ers Bank, Central
National Bank
Sale of maps (General Fund)
Sale of maps " "
$20.00
20. OO
20°O0
~0.00
43.75
30.00
20.00
40.00
20. OO
20.00
20.00
20.OO
20.00
15.39
15.00
10.20
t5.00
15.78
?.oo
40.0o
z~o. oo
~o. co
32.00
96.00
Storeroom:
6/1/66 Board of Public Welfare
6/1/66 School Board
6/22/66 Cash
County Garage:
6/1/66 School Board
6/2/66 C.W.Cunningham
6/3/66 Board of Public We]fare
6/6/66 Auto ~ire Service
6/6/66 Auto Tire Service
Payroll Deductions:
6/1/66 George W.Moore, Jr.
36.05
28.3 5
Sale of maps " " lgO.20 ,:.
Sale of maps " " 53.25
Supplies 4.52
Office supplies 11.35
Xerox copies 3.)0
Gasoline ~ 5~8.01
Surplus casings 258.60.
Gas, oil, etc. 220.70
Surplus tires 4.00
Surplus tires 464.44
F.I.C.A~-Water Dept.)
May, 1966
6/2/66 Garland Jefferson Hospitalization Fee 14.40
6/3/66 Board of Public Welfare Employees' share -Insurance 21.90
6/3/66 Board of Public Welfare Employer's share-Insura~nce 21.90
6/13/66 Boardof,.!~Pubti¢~.~W~£~re Employees' share-Retirement 123.~3
6/3/66 Board of Public Welfare Employer's share-Retirement 123.39
6/3/66 ~4ackiT~Dahiel~ ~terk:- Group Insurance-Clerk's Office 39.60
6/3/66 Mack T.Daniels, ~lerk Retirement - " " 215.O6
6/29/66 F.E. ~farren Hospitalization-July, 1966 14.&O
1268.29
This day the County Road Engineer in accordance with directions from %his Board
made report in writin~ upon his examination of Agency ~venue and Distributor Drive
in the subdivision of Business Acmes, Section "A", Manchester Magisterial District,
which shows that in the opinion of the County Road Engineer it is expedient that
said roads be established as public roads.
Upon consideration whereof, and on motion of Mr.Br~tton, it is resolved that
Agency Avenue and Distributor Drivein the Subdivision of Business Acres, Section
"A", Manchester District, be and they hereby are established as public roads.
And b~ it further resolved, that the Virginia Department of Highways be and it
hereby is requested to take into the Secondary Road System, Agency Avenue, from
a point ~on Rt.60, .17 of a mile west o~f its intersection with Rt. 1906, northwardly
.14 of a mile to the intersection of Distributor Drive; Distributor Drive, from a
point on Agencv~venue, .14 of a mile north of its intersection with Rt. 60 and
westwardly .16 of a mile to a cul-de-sac~ These roads serve 3 houses.
And be it further resolved, that the Board of Supervisors guarantees to the Virginia
Department of Highways 50-ft. righhs of way for these roads. Plat recorded in
Plat Book 1~, Page 12, on A~gust ?, i96~.
This day the County Road Engineer in accordance with directions from this Board
made report in writing upon his examination of Aracoma Drive, Bindham Drive and
StoneDriv~ in Dorchester Subdivision, Section "H'~ in Manchester Magisterial
District, which shows that in the opinion of th~ County Road Engineer it is
expedient that said roads be established as public roads.
Upon consideration whereof, and on motion of Mr.Britton, it is resolved that
~racom~ Drive, Bingham D~ive and Sto=e ~rive, in Dorchester Subdivision,Section,H,,
Manchester District, be and they hereby are established as public roads.
And be it further resolved, that the Virginia Department of Highways be and it
hereby is requested to take into the Secondary Road System, Aracoma Drive, from a
point on Rt.237~ at the intersection of Rt.2372, northwardly .04 of a mile to the
intersection of Bingham ~rive, thence northwardlF and westwardly .09 of amile
to a cul-de-sac; Bingham Drive; from a point on Ara¢oma Drive, .0~ of a mile north.
of the intersection of Rt.2372, ~astwardly .10 of a mile to a cul-de-sac; Stone
Drive, from a point on Rt.2374 .04 of a mile north of its intersection with Rt.
2334 eastwardly .09 of a mile to a cul-de-sac. These roads serve 14 houses.
And be it further resolved, that the Board of Supervisors guarantees to the Virginia
DePartment of Highways 5C ft.riEhts of way for these roads. Plat recorded in Plat
Book 15. Page 3, on October 25, 1965.
This day the County Road Engineer in accordance with directions from this Board
made report in writing~upon his ex~mination of Ghent Drive and Able Road in North
Lake iH_ll~l~s Sub.division~, Section "D", in Manchester Magisterial Distr ,
that n ~ne opinion of the Count~, R~a~ ~ ....... ~. . ict,which shows
J ~ ~ ~n~f 1L lS expedient that said roads be
established as public roads.
Upon consideration whereof, and on motion of Mr.Britton, it is resolved that Ghent
Road and Able Road in North Lake Hills, Section "D", MancheSter District, be, and
they hereby are established as public roads.
And .be it further resolved, that the Virginia Department of Highways be and it
hereby is requested to take into the Secondary Road System, Ghent Drive, from a
point on Rt. 2286, .08 of a mile north of its intersection w'
wardly .03 mile to the intersectio ....... ~ ~,_ ith Rt.2285 and north-
~ ux ao~e ~oau, unence northwardly .08 of a mile
to a cul-de-sac; Able Road, frOm a point on Ghent Drive, .11 of a mile northwardly,.
of' its intersection with Rt.2285, and westwardl .0 cfa '
These roads serve 2 houses~ Y 4 mile to a cul-de-sac.
And be it further resolved, that the Board of Supervisors guarantees to the Virginia
Depa~ment of Highways 50-ft.' rights of way for these roads. Plat recorded in Plat
Book 15, page 20, on December 10, 1965.
This day the County Road Engineer in accordance~with directions from this Board
made report in writing upon his examination of West Road
and Silliman Drive. in Belmont H~]~ o~ ..... ' ..... , ~h. ent Dr~ve, Ghent Court
District, Which shY'wa that ~ ~.o.u~u~s~.un, oec~lon "A", Manchester Magisterial
.......... ~e op~n~on o~' the County ,~oad Engineer ~t ~s
expedient that said roads be established as public roads.
Upon consideration whereof, and on motion of Mr.Britton, it is resolved that ~;est
Road, Ghent Drive, Ghent Court and Silliman Drive in Belmont Hills,Section "A",
Manchester District, be and they hereby are established as public roads.
And be it further resolved, that the VirginiaDepartment of Highways, be and it
hereby is requested to take into the Secondary RoadSystem, West Road, from the
western end of State maintenance on Rt.83? westwardly .02 of a mile to the inter-
section of Ghent Drive; Ghent Drive, from r~he intersectionwith ~,~Iest Road nortkwar~ly
· 07 of a mile to the intersection with Welch Drive, thence northwardly .16 of a mi'lc
to the intersection with Ghent Court, thence northwardly .12 of a mile to the
intersection of Silliman Drive; Ghent ~¥~, from a point on Ghent Drive, .16 of
mile north of the intersection with Welch Drive and eastwardly and northwardly
.10 of a mile to a cul-de-sac; Silliman Drive, from a point on Ghent Drive, .12
of a mile north of its intersection with Ghent Court and westwardly .08 of a mile
to a cul-de-sac. These roads serve 9 houses.
And be it further resolved, that the Board of Supervisors guarantees to the
Virginia Department of Highways 50-ft. rights of way for these roads. Plat
recorded in Plat Book 1~, pages 5, 6, and ?, on November 4, 1965.
This day the County Road Engineer in accordance with directions from thisBoard madi~
report in w tiring upon hi s examinationof Gamewell Road, Amsden Drive, Chanelka Lanie
Stagpen Road and Pampas Drive, in Deerfiel~ Estates,Section "C",Dale Magisterial
District, which shows that in the opinion of the County Road Engineer it is
expedient that said roads be established as public roads~
Upon consideration whereof, and on motion of Mr. ADper~on, it is resolved that
Gamewell Road, AmsdenDrive, Amsden Drive, Chanelka Lane, Stagpen Road and Pampas
D~ive in Deerfield ~states, Section "C", Dale District be and they hereby are
established as public roads. '
And be it further resolved, that the Virginia .~epartment of Highways be and it
hereby is requested to take into the Secondary' EoadSystem, Gamewell Road, from a
point on Rt.2CO?, .10 of a mile south of the intersection w~th Rt. 2009, southwardly
and eastwardly .11 of a mile to the intersection of Amsden Drive; Amsden Drive, f~om
a point on Gamewell Road, .11 of a mile south to the intersection of Rt.200?,
eastwardly and .06 of a mile to the intersection with Stagpenn Road and from same
point on Gamewell Ro~d westwardly .08 of a mile to the intersection with Chanelka
Lane; Chanelka Lane, ~from a point on Amsden Drive, .08 of a mile west of its
intersection with Gamewetl Road, northwardly .02 of a mile to a cul-de-sac, and
from the same point on Amsden Drive, southwarmly .08 of a mile to the intersectio~
of Stagpenn Road, thence southwardly .08 of a mile to the intersection of Pampas
DriVe; Stagpenn Road, from a point on Chanelka Lane, .08 of' a mile south of the
intersection with Amsden Drive, eastwardly, and northerly .16 of a mile to the
intersection of Amsden Drive; Pampas Drive, from a point on Chanelka Lane .08 of
mile south of its intersection with Stagpenn Road, eastwardly .15 of a mile to a
cul-de-sad. These roads serve 5 houses.
And belt further resolved, that the Board of Supervisors guarant~es to the Virginia
Department of Highways a 50-ft. right of way for these roads. Plat recorded in
Plat Book 15, pages 26 and 27 on March 30~ 1966.
This day the County Road Engineer in accordance with directions from this Board made
report in writing upon his examination of Pineland Road, RockSpring Court~ Ronson
Road, Sp~ke Gourt, and Spoke Road in the Subdivision of Trampling Farms, Section ,,A~
and "B"~ in Dale Magisterial DistricD, which shows that in the opinion of the County
Road Engineer it is expedient that said roads be established as public roads.
Upon consideration whereof, and on motion o6 Mr.Apperson, it is resolved that Pineland
Road, Rock Spring Court, Ronson Road, Spoke ~ourt and Spoke Road in. the subdivision
of ~Trampling Farms, Sections "A" and "B", in Dale Magisterial Ditrict, be and they
hereby are establishe~ as public roads. '
And be it further resolved, that the Virginia Department of Highways be and it
hereby is requested to take into the Secondary RoadSystem, Pineland Road, from the
western end of.maintenance onRt.2145 wes~wardly .04 of a mile to the intersection of
RockSpring Court, thence westwardly and northwardly .09 of a mile to Ronson Road;
Rock S~ring Court, from a point on Pineland Road .11 of a mile westwardly to t~e
intersection of Pineland Court eastwardly and northwardlM .11 of a mile to a cul-de-
mac; Ronson Road, from a point on Pineland Road, .09 of a mile westwardly and
northwardly to its intersection with Rock~pring Court, northwardly .08 of a mile
~o it s intersection with Spoke Road, thence northwardly .06 of a mile to a cul-de-
sac; Spoke Rourt~ from a point on Ronson Road .08 of a mile north of its intersection
w. ith PineL~nd ~oad, eastwardly .13 of a mile to a cul-de_Sac; Spoke Road, from a
point on Ronson Road .08 of a mile north of its intersection with ?ineland Road ar~
westwardly .03 of a mile to a cul-de-sac. These roads serve 4 hou~es.
And be it further resolved, that the Board of Supervisors guarnatees to the Virginia
Department of Highways, a 50-ft. right of way for these roads. Plat recorded in
Plat Book 11, Page 91~ on February 16, 1960.
There was read a letter from the Highway Department concerning sneed limits on
Warwick Road, between Rt.360 and Rt.60. -
M~. Lancaster cited the fact that plans were underway for moving the utilities and
acquiring additional rights of way so that some improvements could be scheduled
on this road.
There was read a l~tter from Mr. Isbell, Traffic Engineer for the Virginia Department
of Highways, .explaining the traffic accident on Dupuy Road as it crosses the Atlantic
Coast Line RR
Upon further consideration of this matter, it is on motion of Mr. Browning, accorded
by Mr. Goyne, resolved that this Board requests the Highway Department and the
Atlantic Coast Line RR. to install improved warning devices at this Railroad
crossing on DuPuy Road.
On motion of Mr. Britton, senonded by Mr.ADnerson, it is resolved that this Board
requests the Highway Department to surface-treat and to take into the Secondary
Road Syst~, Adler Road, between Hey Road and Huth Road, provided a 30-ft right
of way can be obtained. -
There was considerable discussion concerning the proposed condemnation of property
by the Highway Department at the request of the County, for an easement to drain
~Hopkins. Road across private property.
It was pointed out that Mr.Grandis had a~reed to give all of the right of way on
his lands and to dig the ditch and to pay ~p to ~15OO.00 toward the condemnation
of land within the project boundaries. Upon consideration whereof, and on motion
of Mr. Britton, seconded by Mr. Browning, it is resolved that since the Engineering
Department has not approved the plans for this project the ~atter be postponed
until the next meeting of this Board. '
The Board received the budget ~f the Highway Department for the year 1966-,67 and
notes that there is but one copy and again requests Mr. Lancaster, Resident Engineer,
to fo,rward to theBoard seven (?) copies of next year's budget.
There was presented a petition from the citizens of Worthington Farms and ,~arwick
Acres requesting improvement to the drainage conditions in the area.
Mr. Joseph Ivey and others cite the problem of overflowing and safety hazards LO~
the traveling public.
On motion of Mr. Britton, seconded by Mr. Browning, it is resolved that the Highway
Department and the Engineering Department be requested to study the present drainage
plan in t?is area and to bring back recommendations as to the best method of
alleviating the problems present.
The County Engineer reported that there was a request for sewer mains on Cogbill
Road, east of its intersection with Chesterwood Drive, and although the cost of this
specific sewer would be relatively high, t~he cost of sewers in the Alice Heights
area would still be below the required financial limit.
On motion of Mr. Apperson, seconded by Mt. Browning, it is resolved that the request
to install sewers in this section of Cogbill Road be and it hereby is approve~.
On motion of R%r. Britton, seconded by Mr. ADperson, it is resolved that the water
contract for the installation ~Fwater lines in Marlboro, Section "C", be and it
hereby is approved.
On motion of Mr. Britton, seconded by Mr. Apperson, it is resolved that this Board
requests the Judge of Circuit Court, the Honorable William Old, to appoint
Mt.William R.B'ess, Mr. William W.Fuller, Mr. Hunter M.Herndon, Sr. and Mr. Ralph R~
Arehart as Police Officers for th~, County of Chesterfield.
And be it further resolved, that Chief E.P.Gill be authorized to employ M~. Bernard
F.Cowardin, Jr.as a Police Dispatcher.
On motion of Mr. Britton, seconded by Mr.Apperson, it is resolved that this Board
approves the request of the Commissioner of the Revenue for the employment of a
machine 6perator to write the tax tickets on the I.B.M. machine for Personal proper~y,
at a cost not to exceed 31840.00 for the balance of the calendar year.
On motion of Mr.Apperson, seconded by ~r.Browning, it is resolved that the Executive
Secretary submit the names of some qualified a~rchitects todraw plans for the p~oposed
Civil Defense and Police Department Uenter ay, the Courthouse.
The Chairman appoints Mr. Apperson, Mr. Browning and Mr. Goyne as a :Committee to
discuss with various officials the plans ~d procedures for Data Processing.
66-22. In Manchester Magisterial District, Joseph G.Woodfin and Robert L.Bates,
request the re~oning from Agriculture to General Business (C-2) of a triangular
shaped parcel of land being 4]0 feet south of Hull Street Road (Rte.360) and 315 feet
east o~ Turner Road (Rte. 650), sair parcel having a length of 150 feet along its
northern property line and 269 feet along its western property line, its eastern
property line being 245 feet in length.
Mr. Robemt S.Bruce, representing the Colonial Motor Lines,states that the said motor
line will not give 15 feet for the widening of Turner Road and,
whereas, it was cited that the construction of a truck terminal on this site would
be the prime reason for widening Turner Road, it is resolved on motion of Mr.Brittom,·
seconded by Mt. Browning, that the request for rezoning of the aforedescribed parcel~
of land be and it hereby is denied, without prejudice.
66-A~. In'Midlothian ~lagisterial District, Richard L.Gayle requests the rezoning
from Agricultural to General Business (C-2) of a 10.5 acre parcel of land of
Irregular shape fronting 635 feet on the south line of ~iidlothian Pike (Rte. 60)~
its eastern boundary being 869 feet in length and its western boundary being
410 feet in length, and having a rear boundary of 765 feet,being 1825 feet west of
Providence Road and known as 842? and 8525 Midlothian Pike~ ~
66-48. In Midlothian Magisterial D~strict Heywood R.Hartley requests the rezonin~
from Agricultural to General Business {C-21 of a 10-acre parcel of land fronting
851 feet on the ~'Yidlothian Pike (Rte. 60) and extending southwardly 562 feet,
being 1075 feet west of Providence Road.
On motion of Mr.Britton, seconded by Mr.Goyne, it is resolved that Zoning Cases
66-44 ond 66&8 be postponed until August 10, 1966 because of the absence of
~'ir. Martin who makes the request for postponement.
66-~5. Mr. ThomasWinston, representing Mr. Samuel B.Bowen and M~. Emory L..Phifer
come before the Board requesting the rezoning from Agricultura% to Local Business
(~-1) to General Business (C-2) of a 1.1 acre parcel of land of rectangular shape
fronting 165 feet on Harrowgate Road and extending northeastwardly 370 feet, being
opposite the intersection of Beechwood Avenue (Rte. ~130) and HarrowgateRoad (Rte.l~)
and shown as parcel 1 on Tax Map 163-2, in Bermuda District. There appearing no
opposition to this request,and the Planning Commission having recommended approval
of same, it is on motion of Mr.Goyne, seconded by Mr. Browning, resolved that the
request for rezoning to General Business of the aforedescribed parcel of land be
and it hereby is approved.
66-~6. Mr.E.M.Hopkins comes before the Board requesting the rezoning from
Residential-2 to General Business {C-2) of a rectangular shaped parcel of land
fronting 90 feet on Route 10 and extending southeastwardly 22C feet, being 130 fee~
west of Buckin£~h~-~m Street ih Bermuda~aglst~ri~i District, and t~ere appearing no
o~position to this request and the Planning Commission having recommended a~proval
of same, it is on motion of Mr. Goyne, seconded by Mr.Britton, resolved that th~
aforedescribed parcel of land b~ and it hereby is rezoned to Local Business.
It is her~ noted that the applicant accepts the reduction from General Business to
Local Business.
66-~7. Mt.Reid Harris, representing Mr. Frank T.Crowder, comes before the Board,
requesting the'rezoning from LocalBusiness (C-i) to General Business (C-2) of a
parcel of land of irregular shape fronting 39 feet on the south line of Route 360
and also fronting 162 feet on the eastern line of Elkhardt Lane, being southeast
of the intersection of Elkhardt ~ane and P~oute 360, in Manchester Mam~
s ~er~a
District, and cites that he wishes to cintinue to use this land for a Used Car Lotl
Mr. M.G.Townsend, presents a petition a~ainst the re2oning of tBis property and
15 people apmar to oppose this request.
Mr. Bernard Davis states he would not mind such a use if the operation is control!ad.
Upon consideration whereof, and on motion of Mr. Britton, seconded by Mr. Goyne,
it is resolved that a Use Permit b~ granted to the owner of the property to be
extinguished when the owner dies, to allow the operation of a Used Car Lot only,
provided the owner will not put more than five (5) cars at anyone time for sale,
and provided further that the premises be kept in a neat and tidy condition and that
reasonable lights be used for advertising.
It is here noted that the applicant agrees to these restrictions.
66-49. Er~. Mildred P.Spencer comes before the Board requesting the rezoning from
ri?l?ural. to Gene,ral .Business (C-2) of a rectangular spaed parcel of land frontiag
~/ Ieet on aoute lC ana extending eastwardly 600 feet,being 1500 feet north of the
intersection of Routes 604 and 10 in Dale Magisterial. District, and states she
wishes to establish an oil business for herself and sons on the property in question.
Mr. Linwood Nunnally, repre~en~ing Dr. Sinclair, owner of approximately 640 acres
north and east of this tract, states that the land should be used for residential
purpo s es o
Mrs. Mildred Condrey residing in the Deerfiel~ Estates, speaks for the request.
Upon consideration whereof, and on motion of Mr.Apperson, seconded by Mr.Goyne,
it is resolved that the aforedescribed parcel~of land be rezoned for General Business
purposes with a limited use of an oil or allied oil business, excluding asphalt plants.
It is here noted that the applicant agree~ to the reduction in the area.
66-50. Mrs. MildredP.Daffron comes before the Board requesting the rezoning from
Agricultural to General Business (~-2) of a 6-acre parcel of land of irregular
shape fronting 395 feet on Route 10 and extending northwardly 1000 feet, said
parcel ~iso having a frontage of 500 feet along the eastern line of Rock Hill Road,.
and shown as Parcel 2 on Tax Map 116-6 in Bermuda Magisterial District, and
Whereas, there appears no opposition and the Planning Commission h~ving recommended~
approval with certain restrictions, it is on motion of Mr.Goyne, seconded by Mr.
Apperson, resolved that the aforedescribed parcel of land be and it hereby is rezoned
for General Business purposes, provided there be located on same no automobile
graveyard or junk yard and that plans and layout be approved by the County Planner's
Office.
66-51.. Mr. R. P.Sowers, re~resenting Mt. Harry Grandis, comes before the Board
requesting the rezoning from Residential-2 to General Business (c-2) of a parc'el
of land of irregular shape fronting 420 feet on the west line of Hopkins Road and
extending westwardly to a frontage of 271 fee~ on the east ~ine of Pompey Smring
Road, being 391 feet north of the intersection of Pompey Spring Road and Hopkins
Road, in Manchester Magisterial District. .'~
There appears a delegation of 11 people to oppose the rezoning request.
Mr,R.L.~adlington present~ a petition signed by 200 people opposing the request.
Mr, Speevey was told that a 7-11 Store would be constructed.
Pfhereupon, Mt.Sowers and his client agree to all of the stipulations of the petition
with the exception of the 10:00 p.m. curfew which the petitioners agreed to extend
to 11:O0 p.m.
On motion of ~lr.Britton, seconded by Mr.Goyne, it is resolved that the aforedescribed
land be zoned to General Business with a limitation of uses as set out in the petition
presented by the citizens in the area, that 18 feet be given for the widening of
Hopkins Road and 10 feet for Pompey Spring Road and that plans and specifications be
approved by the Board of Supervisors. '
66-52. Mr. Porter Vaughan, representing the Virginia Beach Motel and Hotel
Corporation comes before the Board requesting the rezoning from Agricultural to
Residential-2 of a parcel of land of irregular sbape fronting 3000 feet on Old Bon
Air Road (Rte.718) and extending westwardly approximately 1750 feet, its northern
boundary being Powhite Creek, said parcel located approximately 3950 feet northeast
of Robious Road (Rte. 711) in Midlothian Magisterial District.
There appearing no one in opposition to this reGuest and the Planning Commission
having recommended approval, it is on motion of Mr. Britton, seconded by Mt.Browning,
resolved that the aforedescribed parcel of land be and it hereby is rezoned for
Resident ial-2 purpo'ses.
66-53. Mt. Robert H.~4orris comes before the Board requestin the r
~esidential-2 to General Business ~c 2~ ^~ ....... g . ezo_ning from .
~rontin ~8 ~ ' - ' ~ = ~'eu~angu±ar snape~ parcel of land
g feet on ~;alnut Drive and extending northwestwardly 202 feet, being
110 f'eet southwest of Route 10 in Bermuda Magisterial District, add states that th~
Highway Department took 94 feet of his land to widen Route 10 whi
the present zoning request, ch accounts for
Mr.W.E.Davenport speaks aEsinst the request and wants a buffer zone.
Mrs. Florence Seymore opposes the request.
Mrs. Scheirer speaks a~ainstthe policy of notification.
On motion of Mr. Goyne, seconded by Mt. Browning, it is resolved that the reeuest
of Mr.~orris be and it hereby is denied.~
66-54. Mr. Linwood Nunnally, representing Mr. A.L.Davis, comes before the Board
requesting the rezoning from Agricultural to Residential-2 of a parcel of land
of irregular shape, being 420 feet north of Route 360 and fronting 640 feet on
Turner Road and extending westwardly approximately 2400 feet to the ~ear boundary
of Pocoshock Hills ~
Subdivision and extending along the eastern line of Pocoshock
Hills Subdivision a length of. 1875 feet, and shown as Parcel 4 of Tax Map Section
29-41, in Manchester Magisterial District.
There appe~ring no one in opposition to this request and the Planning Commission
having reeommended~approval, it is on motion of ~dr. Britton, seconded by Mr. Goyne,
resolved that the aforedescribed parcel of land be and it hereby is rexoned for
Residenti al-2 purposes.
66-55. Mr.R.P.Sowers, representing Mt. Harry J.Bolton, comes before the Board
requesting the rezoning from Residential_l to Local Business (~-1) of a 3.4 acre
parce~l of land fronting 155 feet on Forest Hill Avenue and extending, southwardly
336 feet, its rear boundary being 353 feet in length, being opposite the inv;er-
section of Grantwood Drive (Rte. 66.1) and Forest HillAvenue (Rte.683) in
Magiste rial Di stri ct. manc hes
Rev. Taylor, owner of the land speaks for the proposal and presents a petition in
favor of the request.
Mr. Edwaro ~i.Taylor states he has just completed a $20,000 home adjacent to this
parcel and the land should not be zoned for business.
Upon consideration whereo.f, and on motion of Mr. Britton, seconded by Mr. Bro~ning,
it is resolved that this Board approves the reduction of the Planning Commission
and denies the zoning request.
· 66-56. ~r.J.M.~'ilkinson comes before the Board requesting the rezoning from
Agricultural to Residential-1 of a 21.5 acre parce7 of land of irregular ~hape,
!! beginning at a point 400 feet south of Rte. 36C and 175 feet east of Tanbark Road
and extending eastwardly 911 feet parallel toRoute 360, said ~rcel having a depth
of 1197 feet, and better known as the proposed subdivision of Longwood Acres,Sectio~
"Dr, in Manchester Magisterial District.
'~ There appearing no one in opposition to this request and the Planning Commission
having~recomnended approvall it is on motion of Mr. Britton, seconded by Mr. Goyne,
resolved that the aforedescribed parcel of land be and it hereby is rezoned for
i! Re si denti al-1 put powes.
~" 66-57. Mr.~.S.Pinchbeck comes before the Board requesting the rezoning from
Agricultural to Gen~al Business {C-2) of a rectangular shaped parcel of land
fronting 240 feet on the south line of Route 60 and also fronting 263 feet along
the eastern line of Carnation Street in Manchester Magisterial District, and cites
that he has purchased this land for a possible location of an office building.
M~. Isiah Johnson, adjoining property owner, presents a petition against the
rezoning, It was cited that the Planning Commission recommended a~proval, provide~
no automobile graveyards, trailer courts, or trucking terminals be placed thereon,
and further that County water and sewer be used, and the plans and layout of any
improvements be approved by the County Planner's office.
On motion of Mr. Britton, seconded by Mr. Goyne, it is resolved that the aforedescrib~d
parcel of land be and it hereby is rezoned to General Business, sub.~ect to the
restrictions recommended by the Planning Commission which were agreed to by the
applicant.
66-58. Mr.W.S.Pinchebeck, representing Mt. Fay R. Halpern, comes before the Board ;.
requesting the rezoning from Agricultural to Residential-2 of a parcel of land cf
irregular shape consisting of approximately 130 acres, beginning at a point 650 feet
west of Adkins Road with a total broken frontage of approximately 2000 feet on the
south line of Dakins Road and extending southwardly 35OO feet as shown on Tax Map
Section 38, in ~iidlothian Magisterial District.
There appearing no one in opposition to this request and the Planning Commission
having recommended approval, it is on motion of Mr.Britton, seconded by Mr. Goyne,
resolved that the aforedescribed parcel of land be and it hereby is rezoned for
Residential,2 purposes.
66-59. Mr.R.P.Sowers, representing Mr.W.P.Oliver and Mr. David C. Benson comes
her-omc the Board, requRsting the rezoning from Agricultural to General Business
{U-2) of a parcel of land of rectangular shape fronting 380 feet on Route I and
extending eastwardly 1189 feet to a frontage of 27g feet on the western line of
Route 95, being 1850 feet south of Route 618 and presently zoned General Business
(~-2) for a'depth of 300 feet in Bermuda Magisterial ·District, and cites that this
is the highest and best use of the property at this time, that they will adequately
shrub the area to improve its appearance and that the final plans will have to be
approved by the County Planner's Office.
Mr. Edward R. Pusey, presents a petition signed by a number of property owners in
the area opposing the request, and a ~ketch showing the property involved and
pictures of the area.
Ma-s. Harry Jones states that the area is dangerous, that her father was killed in
the area and that several of the neighbors had been killed and hopes that the Board
will i~prove the situation and that a Trailer Park will not improve the safety in
the area.
Mrs. Rex Bishop and others speak against the request, i
Mr. William A; Griffin states it would be a good idea to put a trailer court at tbis'~
loc ati on. .
Mt. David C.Benson refutes traffic measurements.
Mr. Apperson states that a Trailer Park is one of the lesser uses for interstate
roads and not the highest use for this location and states he will oppose the request.
~¥~r. Goyne states he has been on the Pike for a long time and most of the people
came to the area after the Zoning Ordinance was adopted and land zoned. Whereupon,
Mr. Goyne moves, that the request be approved.
A vote being taken, Mr. Goyne votes Aye.
Messrs. Aoperson, Browning and Britton vote Nay.
66-60. In Dale Magisterial District, Toddsbury Land Corporation requests the
rezoning from Residential-2 to General Business (C-2) of a 15-acre rectangular
shaped parcel of land fronting 1270 feet on the proposed Meadowdale Boulevard and
extending northwardly 510 feet to a front age of 1280 feet On the south line cf
Route 892, being 900 feet east of Hopkins Road (Rte. 637).
66-61. In Dale Magisterial District, Toddsbury Land Corporation requests the
rezoning from Agricultural to General Business (C-21) of a 11.6 acre rectangular
shaped parcel of land fronting 5&8 feet on Hopkins Road, and extending eastwardly
900 feet, its northern boundary being a branch which is the southern right of way
line of Route 892, and its southern boundary being the northern right ~r way
line of the proposed Meadowdale Boulevard.
It is here noted that Cases 66-60 and 66-61 are deferred to August 10~ i966.
66-t2UP. Mt. Herbert S.Flynn comes before the Board requesting a Use Permit to
operate a repair shop for gasoline powered ~quipment on al.9 acre parcel of land
of rectangular sha.e fronting 275 feet on Route 360 and extending northwardly
500 feet, being approximately lB00 feet northeast of the intersection of Hicks Road
and Route 360, in Manchester Magisterial District. There appearing no one in
opposition to this request, it is on motion of Mr. Britton, seconded by Mr. Goyne,
resolved that a Use Permit to operate a repair shop for gasoline powered equipment
on the aforedescribed parcel of land be and it hereby is granted for a period of twel~e
m6nths (12) and that a limitation of 1' x 2' be placed as advertising signs.
66-13UP. Mr. Clifford A.Wells comes before the Board requesting a Use Permit to
operate a key and lock shop in an existing building on a parcel of land of
rectangular shape fronting 19~ feet on Bluff side Drive and extending southwardly
156 feet, being 273 feet west cf Dalebrook Drive in Dale Magisterial District.
There appearing no one in opposition to this request, it is on motion of Mr. Apperson,
seconded by Mr. Britton, resolved that a Use Permit to operate a key and lock shod
ont he aforedescribed ~rcel of land be approved, subject to a review at the end Sf
one year and that advertising signs be limited to 2' x 3'.
On motion of Mr. Apperson, seconded by Mr. Britton, it is resolved that Mr. George
Gray be and he hereby is appoihted to the Richmond Regional Planning Commission
as the Planning Commission's representative from Chesterfield County.
~gain there was a brief discussion concerning the request of the Richmond Regional
Planning ~ommission for approval of its request for 9¢ per capita; however, no
action was taken at this time.
On motion of Mr.Britton, seconded by Mr. AmDerson, it is resolved that Mt.IrvinG.
Homer, Chairman,Board of Superffisors, be a~pointed for the period of four
years on the Richmond Metropolitan Authority.
On motion of Mr.Britton, seconded by Mr. Apperson, it is resolved that tBis Board
adopts the following ordinance~ on an emergency basis:
AN ORDINANCE to amend Chapter 6 of The Code of the County of Chesterfield,
Virginia, by repealing Sect.6-?~ thereof and by readopting and reordaining
Section 6-?~ concerning the procedure to follow in taking a blood test, by
adding a new section 6278.1 relating to the operationof a motor vehicle while
the driver's ability is impaired by alcohol including presumptions, which may
be drawn from the results of blood tests in prosecutions under Sect.6-?? and
to the d~finition, prosecution and punishment of a new lesser included offense
in such prosecution; and repealing Sect.6-80 thereof, and by readopting and
reordaining Sect.6-80 concerning the presumptions raised from a]icoholic
content of blood of persons charged with a violationof Oect.6-?? of this Code.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF CHESTERFIELD COUNTY, ~[RGINIA:
1. That Sect.-6-?8 of Chapter 6 of The Code of the County of Chesterfield,
Virginia, shall be repealed, and a new section to be known as Sect.6-?8 shall
be readopted as follows:
Sec. 6-78. Same --Use of chemical anaiysis to determine alcohol in blood;
procedure; costs; evidence.
(a) As used in this section "licensx" means any operator's, chauffeur'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 ipon a public highway in t~is State on and after July fourteen,ninetee=
hundred sixty-six, shall be deemed thereby, as a condition of such operation,
to have consented to have a sample of his blood taken for a chemical test to
determine the alcoholic content thereof, if such person is arrested for a
violation of Sect.6-??.
(c) If a person after being ~rrested for a violation of Sect.6-?? and after
having been advised by the arresting officer that a person who operates a
motor vehicle upon a public highway in this State shall be deemed thereby,
as · condition of such operation, to have consented to have a sample of his
blood taken for a chemical test to determine the alcoholic content thereof, an4
that the unreasonable refusal to do so constitutes grounds for the revocation
of the privilege of operating a motor vehicle upon the highways of this State,
t~en refuses to permit the taking of a sample of his blood for such tests,
the arresting officershall take the person arrested before a committing
magistrate and if he d~es again so refuse after having been further advised by
such magistrate of the.i~aw requiring a ~lood test to be taken and the penalty
for refusal, and so ~eclares against his refusal in writing upon a form
provided by the Chief Medical Examiner of Virginia (hereinafter referred to
as Chief Medical Examiner), or refuse or fails to so declare in writing and such
fact is certified as prescribed in paragraph (~), then no blood 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
actin~ upo~ the recommendation of a licensed physician, using soap and water
to cleanse the part of the body from whicht the blood is taken and using
instruments s~erilized by the accepted steam sterilizer or some other 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 i
authorized to withdraw ~lood as provided~herein as a result of the act of withdraw~ing
blood from any person Submitting thereto, provided the blood waS withdrawn acco~diU~
to recognized medical procedures; and provided further that the foregoing shall no~
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 twa
vials provided by the Chief Medical Examiner, 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 Chief Medical Examiner, which containers shall be sealed so 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 saled, and shall transport or mail one of the vials forthwith
to the Chief Medical Examiner. The Officer taking possession of the other container
(hereinafter referred, to as second container) shall, immediately after taking
possession of said second container give to the accused a form provided by the
Chief Medical Examiner ~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 State Health Commissioner; 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 cont'ainer to an approved
laboratory of the accused's choice, in which event the officer shall do so), shali~
deliver said second container to the chief police officer of Chesterfield County,
and the chief police officer who receives the same~shall keep it in his possession
for a period of seventy-two (72) 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. As used in this section, the term
"chief police officer "shall mean the chief of police of Chesterfield County. ~
(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
Chief Medical Examiner, and all procedures established herein for transmittal,
testing and admission of the result in the trail of the case shall be the same as
for the somple sent to the Chief Medical Examiner.
(d-3) A fee not to exceed ~15.00 shall be allowed the approved laboratory for
making the analysis of the second olood sample which fee shall be paid out of the
appropriqtion for criminal charges. If the person whose blood sample was withdrawn
is subsequently convicted for violation of Sect. 6-77, the fee charged by the
laboratory for testing the blood sample shall be ta~ed as part of the costs of the
criminal case and 'shall be paid into the general fund of the County.
{d~4) If the chief police officer having possession of the second container
is not d~rected as herein provided to mail it witBin seventy-two (72) hours after
receiving, said container then said officer shall destroy same.
(e) Upon receipt of the blood sample forwarded to his office for analysis,
the Chief MedicalExaminer shall cause it to be examined for alcoholic content
and Y]e or an Assistant 'Chief Medical Examiner shall exscutea certificate which
shall indicate the name of the accused, the date, time and by wh~m 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 Chief Medical Examiner amd a statement of the alcoh6t~c content
of the sample. Th~ certificate attached to the vial from w~ch the blood sample
examined was taken sha~l be returned to the clerk ~fthe Court in which the charge
will be heard. The certificate attached to the container forwarded ~n behalf of
the accused shall also be returned to the clerk of the court in which the charge
will be hear~, and such certificate shall be admissible in evidence when attested
by the pathologist or b~ the pathologist or by the s~pervisor of the laboratory
approved by the State Health Commissioner.
(f) When any blood sample taken in accordance with tBe provisions of this
section is forwarded for analysis to the office of the Chief Medical Examiner,
a report of the ~esults of such analysis shall be m~de and filed in that office.
Upon proper identification of the vial into which the blood sample was placed,
the certificate as provided for in this section shall, when duly attested by the
Chief Medical Examiner, or any Assistant Chief Medical Examiner, be admissible
in any court, in any criminal proceeding, as evidence of the facts therein stated
and of the results of such analysis.
(g) Upon the request of the person whose blood sample was taken for a chemical
test to determine the alcoholic content thereof, the results of such test or tests
shall be made available to him.
Ih) A fee not ~xceeding five dollars shall be allowed the person withdrawing
a blood sample in accordance with this section, which fee shall be paid out of thc
appropriation for criminal charges. If the person whose blood sample was withdrawn
is subsequently convicted for violation of Sec~.6 -?7, 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 County.
(i) In any trial vor a violation of Sect.6-?7 of the Chesterfield County Code,
this section shall not otherwise limit the introduction of any relevant evidence
bearing upon any question at issue before the Court, and the court shall, regardlems
of the result of the blood test or tests, if any, consider such other relevant
evidence of the condition of th~? accused as shall be admissible .in evidence.
The failure of an accused to permit a sample of his blood to be w~th4rawn for a
chemical test to determine the alcoholic content thereof is not evidence and shall
not be subject to comment at the trial of the case; nor shall the fact that a blood
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 sample and the penalty for refusal,
a declaration of refusal and lines for the signature of the person from whom the
blood 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 such fact, 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 ~rive. 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 Sect. 18'1-55 of the Code of
'~ Virginia. The warrant shall be executed in the same manner as criminal warrants.
(k) The execufed declaration of refusal or the certificate of the committing
justice, as the case may be, shall be attached to the warrant 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 taken for the determination of the
alcoholic comment thereof, the court shall fix a date for the tri~l of said warrant,
at such time as the court shall designate, but subsequent to the defendant's
criminal trial for driving under the influence of intoxicants.
(m) The declaration of refusal or certificate under paragraph {k),as the case"
may be, shall be prima facie e~idence that the defendant refused to submit to the
taking of a sample of his blood.to determine the alcoholic content thereof 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 to determine the alcoholic content thereof.
The court shall determine the reasonableness of such refusal.
(n} If t.he court shall find the defendant guilty as charged in the warrant,
the court shall suspend the defendant's license for a period of 90 days for a first
offens~ 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
mi sd emea nor s .
(q) No person arrested for a violation of Sect.6-77 shall be required to
execute in 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 with-
drawal of blood as provided for herein.
(r) The court or the jury trying the case shall determine the innocense or the
guilt of the defendant from all the evidence concerning his condition at the time
of the alleged offense.
(s) The steps herein set forth relating to the taking, handling, identification,
and disposition of blood 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 suchsteps 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
non-compliance with the aforesaid procedure or any part thereof, and that as.aresult
his rights were prejudiced.
2. That a new section to be known as Sect.6-78.1 of the Code of the County
of Chesterfield, Virginia, be adopted as follows:
~ec.6-78.1 Driving automobiles, engines, etc. while ability to drive is
impaired by alcohol.~__ prohibited; penalties.
It shall be unlawful for any person to drive or operate any automobile
or other motor vehicle, car, truck, engine or train while such person's ability to
drive or operate such vehicle is i~paired by the presence of alcohol in his blood.
A person's ability to drive or operate such a vehicle shall be dee~ed to ~:e impaired
by the presence of alcohol in his blood within the meaning of this section when
such person has no indulged in alcoholic intoxicants as to lack the clearness of
intellect and control of himself which ~'e would otherwise possess.
In every prosecution under Sect. 6-77 of TET-s---~'T'~[~'-6-~T~'~-S'~-W~B~[-~'B2Tc-E'~E'
accused is chaeged shall be deemed to include the offense punishable under this
section; and whenever in any such prosecution it appears that the amount of alcohol!I
in the blood of the accuse~f at the time of the alleged offense as indicated by a
chemical analysis of the accused's blood in accordance with the provisions of
Sect.5-78 is as much as 0.10 but less than 0.15 per cent by weight it shall be
presumed that the ability of th~:~ accused was impaired within the meaning of this
section. Np person shall be arrested, prosecuted or convicted for violation of
this section exc'ept as a lesser included offense of a prosecution for violation of
Every person violating the provisions of this section shall be guilty of a
misdemeanor and punished as provided in Sect.l-6 of this Code; provided,that in
addition to much punishment, upon every such first conviction the judge shall suspend
the right of the accused to operate any motor vehicle upon the highways of this
State for a period of six months, and upon any second or subsequent such convicti°r~i,
within a period of five years such suspension shall be for a period of twelve month,s.
3. That 6-80 of Chapter 6 of the Code of the County of Chesterfield,Virginia,
shall be repealed and a new section to be known as Section 6-80 shall be re-adopted
as follows:
Sect. 6-80. Same -- Presumptions from alcoholic content of blood.
In any p~osecution for a violation of Sect.6-77 or any
similar ordinance of any county,city or town, the amount
of alcohol in the blood of the accused at the time of the
alleged offense as indicated by a chemical analysis of the
accu~d%s.blood in accordance with the provisions of
Seat.6-78, shall give rise to the following presumptions:
(1) If there was at that time 0.05 per cent or less by weight of alcohol in the
accused's blood, it shall be presumed that the accused was not under the influence.
of alcoholic intoxicants;
(2) If there was at that time in excess of 0.05 per cent but less than 0.15;
per cent by weight of alcohol in the accused's blood, such facts shall not give
rise to any presumpton that the accused was or was not under the influence of
alcoholic intoxicants, but s~ch facts may be considered with other competent
evidence in determining the guilt or innocense of the accused~, provided, however,
such facts shall not preclude prosecution and conviction under Sect.6-7~ol.
{3) If there was at that time 0.15 per cent or more by weight of alcohol in
the a~cused's blood, it shall be presumed tBat the accused was under the influence
of alcoholic intoxicants.
~. Sections 6-78 and 6-80 are repealed as of the first moment of July I&,1965.
5. An emergency existing, this ordinance shall be in full force and effect
on and after July l&, o966.
On motion of Mr. Britton, s~conded by Mr. Goyne,, it is resolved that t~is Board
adjourn at 7:~5 p.m. to July 28, 1966, at 2:00 p.m.
il Executiv8 Secretary