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08-23-62 MinutesVIRGINIa: At an adjourned meeting of the Board of Supervisors of Chesterfield County, held at the Courthouse on August 23, 1962, at 2:00 p.m. Present: Mr. Irvin G. ?]orner, Chairman Lt. H. T. Goyne Mr. Stanley R.Mague, Jr. Mr. R. J. Britton Mr. H. K. Hagerman Mr. Marshall F.Driskill 62-~2. Mrs. William Heintzman, Jr., representing Mr.J.T.Magee, comes before the Board, requesting thee rezoning from Residential-2 to General Commercial (C-2~ of 'a 1.02 ac~e ~arcel ~f land in Bermuda Magisterial District, fronting 93 feet on t~e north line of Route 10 anCo<tending northwardly 4~8 feet, being 115 feet west of Center Street, and better known as 205 West Hundred Road. There appearing no one in opposition to this request, it is on motion of Mr. Goyne, seconded by Mr. Hague~ resolved that the aforedescribed parcel of land be and it hereby is r ezoned for General Commercial purposes. 62-43. Mr. Gustis C. Cline comes before the Board requesting the rezoning in Bermuda MagisteriaI District, from Residential-2 to General Commercial ('C-2) of a parcel of land of irregular shape, fronting 190 feet. on Route l~4.(.Chester Road) and eXtending westwardly across Route 1515 approximately 200 feet, being 135 feetnor~h~ of Route 10. Comes alsp, Mr.Harry J. ~.~ioody, not in opposition to the rezoning but to request before all concerned that the right of way to his property, lying west of the property in wuestion,be left free and open. UpOn consideration whereof, and on motion of Mr. Goyne, seconded by I~'Ir. Britton, it is resolved that the aforedescribed parcel of land be and it hereby is rezoned for General Business purposes. The Rev. Russell T. Loesch comes before the Board citing the fact that the County Ordinance makes no distinction between travel trailers and mobile homes, and suggest that the County incorporate in itst railer ordinance some limitations that will allow the storing of travel trailers on the owners property. Upon consideration whereof, and on motion of Mr. Hague, seconded by Mr. Goyne, it is resolved that this matter be referred to the Ordinance Committee for further study. On motion of Mr.Britton, seconded b~ Mr. Driskill, it ~is resolved that the following Ordinance be and it hereby is re-adopted: AN ORDInaNCE TO '~END Chapter 6 of The Code of the County of Chester- field, Virginia, by amending and re ordaining Section 6-33 concerning penalties for violations of Chapter. 6; Sections 6-54 and 6-55 concerning the operation of a motor vehicle after operator's licenso is susn~nd=d' Section 6-69 concerning penalty for reckless driving; Sections o,71 and 6-72 Concerning maximum and minimum speed limits; Sections 6-78, 6-gl, and 6-82 concerning blood test, penalties and suspen4ion of operator's privilege for the operation of a motor vehicle while under the influence of alcohol or some self administered drug, and by adding as new sections Section 6-69.1 and 6-69.2 concerning admitional ~enalties and revocation of operator's license for fourth and subsequent ~onvictions of certain offenses or combination thereof. BE IT ORDAINED BY THE BO~R~ O~'~ SUPERVISORS VI RGI NIA: 1. That Section 6-35, 6-54, 6-55, 6-69, 6-71, 6-72, 6-81 and 6-82 of Chapter 6 of the Code of the County of ~hesterfield, Virsinia, shall be amended and reordained as follows: ~ Sec.6-~5. Compliance with chapter; penalty for violation of chapter. It shall be un[awfut for any person to violate or refuse, fail or neglect to comply witk any of the provisions of this chapter and any such violation shall constitute a misdemeanor. Every peri, on convicted of a misdemeanor for a violation of any of the provisions of this cha~ter for which no other penalty is provided shall, for a first convictio~hereof, be punished by a fine of not less than ten dollars (~10.00) nor more th~n one hundred dollars (~100.00), or by imprisonment in jail for not less than one nor moire than ten (10) days, or by both suc~ fine and imprisonment; ?or a second suck ~onviction within one year such persons a~all be punishod by a eine off not less than twenty dollars (,i720.00) nor more than ~wo hundred Dollars (~200.00) or by imprison- ment in jail for not less than one nor more t~an twenty days, or by both such fine and imprisonment; for a t?ird or subsecuent conviction within one year such persona shall be ?unished fly a fine of not less than fifty dollars (.~50.©0) nor more than fiw~ hundred dollars (~i~500.00) or by imprisonment in jail for not !~ss t?~an te~ days nor morse than si~< ~onths, or o,/ both such fin~ and impriso~me~t. =iee. 6-54. Driving while restor'a ti on of license is continjient upon furnis?~ing (a) No pe~son resident o~' nonresident whose ope~v.,{}or's or chauffeur's license or instruction perm]it has i~een suspended or revoked b.~ any court or by the con~aissioner oz' by the operation of la:..~ oursuant to the provisions of Code of v~reznza, Title ~o.1 or of this chapter er who has been forbidden as pr~}scribed by law by the commissioner, the St~.~te Corpoz'ation Con, mission, t}~e State Hiigh~.,~ay Commis si ore r, or the Superintendent of State Police, to operate a motor vehicle in this State shall drive any motor vehicle in this county during any %}eriod wherein the restoration of license er privilege is contingent mnon the furnishing of p.roff of financial responsibility, unless he has given proef of financial responsibility in the manner provided in Code of Virginia, Section 46.1-~67 et seq. (h) Any person, violating this section shall upon conviction of the first violation theP.~for be punished by imprisonment for ~ot less than ten days nor more than six months or be fined not less than one hundred do!lets nor more than five hundred dollars, or be punished by both such fine i~prisonment. For the second or any subsequent violations of this section the offender shall be confined in jail not less than one month nor more than twelve months, or be fined not less than one hundred dollars nor more than one thousand dollars, or be~ punished by both such fine and imprisorm~ent. Sec. 6-~5. Driving w~ile operator's, etc., license suspended or revoked. {a) No person resident or nonresident whose operator's or chauffeur's license or instruction permit has been suspended or revoked by any co~rt of by the commissioner or by operation of law pursuant to the provisions o.~ Code of Virginia~ Title ~6.1, or of this chapter or who has been forbidden as prescribed bi? law by the commissioner~ the state corporation commission, the state highway commissioner, or the superintendent of state police, to operate a motor vehicle in this state shall thereafter drive any motor vehicle in this county unless and until the period of such suspension or revocation shall have terminated. (b) Any person violating tP. is section shall for the first offense be confirmed in jail not less than tlen days nor more than six months; and may in addition be fined not less than one hundred dollars nor more than two hundred dollars; and for the second or any subsequent offense be confined in jail not less than two months nor more than one year; and may ~n addition be fined not less than two hundred dollara nor more than one thousand dollars. Sec.6-69. Same =fenalty; suspension of opera, tot's, etc., license upon conviction. Reckless driving, under any provisio~.s of this chapter, shall be unlawful and any person convicted of reckless d~f~g pursuant to this chapter shall for the first violation be punished by a fine not exceeding five hundred dollars or confinement in jail not exceeding twelve months, or both. For each second or subsequent conviction for the offense of reckless driving, pursuant to this chapter, committed within twelve months before or after the ~date of another act of reckless driving for which he had been ~on~ic~ed pursuant to the Code of 'Virginia, this chapter or 'other sim~ar town, city or county ordinance, such person shall be punished by a fine.of not less than one hundred dollars nor more than five hundr ~d dollars, or by imprisonment in jail for not less than ten days nor more than twelve months or both such fine and imprisonment. In addition to the penalties for reckless driving prescribed in this section and except in those cases for which a revocation of license is provided in Code of Virginia, paragraph (e) of Section ~6.1-~17, any court may suspend any license issued to a convicted person under ~6.1-3~8,et seq. of Code of Virginia, for a period of not less than ten days nor more than six months and such court shall require the convicted person to surrender this license so suspended to the court where it shall be disposed of in accordance with Section 6-61. If a person ~convicted has not obtaired the license required by such chapter, or is a nonresident, the court may direct in the judgment of con~,iction that such person shall not, for a period of not less than ten days or more than six months as may be prescribed in the judgment, drive or sperate any motor vehicle in this state. The court or the clerk of court shall transmit the license to the commissioner along with the report of the conviction required to be sent to the division. Where the 'conviction f,g a second conviction which will require revocation under Code of Virginia, ~ection ~6.1-~17, the court shall suspend the operator's or chauffeur's license of such person and thereupon transmit the same to the division of motor vehicles as provided by law. Sec. 6-71. ~'[aximum and minimum speed limits; posting, etc., of school ~nes. The maximum and minimum speed limits on highways of this county shall be as hereinafter prescribed: 1. Maximum limits (a) Sixty-five miles per hour on the Interstate System oF' Highways or other limited access highways with divided roadways; if the vehicle is a passenger motor vehicle, passenger bus, United States Post Office bus, pick-up or panel truck not exceeding an ~ cruel gross w~ight of five thousand pounds, or a motorcycle; and fifty miles per hour on such highways if the vehicle is 'a tr.~ck, road tractor, tractor-truck, or combin~,tion of vehicles designed to transport property, or is a motor vehicle being used to tow a vehicle for self-propulsion, or a house trailer. (b) Sixty miles per hour on nonlimited access highwayshaving four or more lanes, with the roadway for traffic traveling in erie direction separated from th~ roadway for traffic traveling in the other direction by a physical barrier or an unpaved area; if the ~ehicle is a yassenger motor vehicle, passenger bus, United States Post Office bus, pick-up or panel truck not e~ceeding an actual sross w~ight of five thousand pounds, or a motorcycle, and fifty miles per hour on such highways if the vehicle is a truck, road tractor, tractor-trvck, or combination of vehicles designed to transport' property, or is a motor ve~icle being used to to~m a vehicle designed fa'self-propulsion, or a house trailer, provided that for such highways such speed has been presc~Libed by the State Highway Commission,, or other authority having jurisdiction over highways, after an engineering and traffic investigation. On any higb.~ay where such speed is prescribed, the speed shall be plainly indicated upon the highway by signs; and where the speed limit is indicated by posted signs, there shall be s prima facie presumption that such engineering and traffic investigation, was made. (c) Fifty-five ~.iles per hour on ~ighways not inc.[u~ed in (a) or (b) if the vehicle is a passer er motor vehicle, passenger bus, United States post office bus, pick-up or panel truck not exceeding an actual gross weight of 5,000 pounds, or a motorcycle; and forty-five miles per hour on such hi."hways, if the vehicle is s truck, road tractor, tructor-truck or combination of vehicles designed to transpor~ property, or is a motor vehicle ~eing use~. to tow a vehicle designed for self-propulsion, or a house trailer. (d) Thirty-five miles [.er hour on any hif;hway if the vehicl~ is being used as a school bus carrying children. (e) Forty-five miles per hour on any highway, if th~.~ vehicle or combination of vehicles zs operating uncar a special ?ermit issued by th:: .,;tare Hi[[hway Commissio~ in accordance with Sections a6. 1-330 and [~6.1-3~3. The St~t~ ~li~['hv,ay ~]ommissior, may, however, proscribe a s[}eed limit o? Iasc th,~n forty-five m~.ie~: ~,er ;'~ur on any ?ermit ~.ssued in accor-::anc~.: wit?, .;actions /~6.1-330 and ~6.1-3~3. (f} Twenty-five miles per hour between portable signs or fixed blinking signs elaced in or along any hi,";hway bearing the word 'School". Such word shall indicate '%hat school-..~}lildren are present in the immediate vicinity. Any signs erected under t~is section shall be elaced not more than 300 feet from the limits of the school . property. It shall be the duty of the principal or chief administrative officer of each school or some responsible person designed by the school board to place such portable signs in the highway at a point not more than 3OO feet from the limits of the school property uno remove such signs when their presence is no longer rec~Bired by this subsection. Such portable or fixed blinking signs shall be placed in a position plainly visible to vehicular traffic approaching from either direction but shall not be placed so as to obstruct the roadway. Such ['.ortable signs shall be in a position for 30 minutes preceding regular school hours and for 30 minutes thereafter and during such other times as the presence of children on such school property reasonably reouiree a special warning to motorists, provided, however, the Board of Supervisor? may decrease the s~eed limit provided in this subsection, and provided further that no such decrease in speed limit shall be effective unless such decreased speed limit is conspicuously posted upon the portable or fixed blinking signs required by this subsection. (g) T~.~enty-five miles per hour on highways in a business or residential distz'ict, except upon Interstate or other limited access highways with divided roadways. 2. Minimum speed limits. (a') No person shall drive a motor vehicle at such a slow speed as to impede the normal and reasonable movement of traffic except when reduced speed is n~cessary for safe operation or in compliance with law. (b) Whenever the State Highway Commission or the C{~unty within their respective jurisdictions determines on the basis of an engineering and traffic investigation that slow speeds on any part of a highway consistently impede the normal and reasonable movement of traffic, the Commission or the County may determine and declare a minimum speed limit to be set forth on signs posted on such highway below which no person shall drive a vehicle except when necessary for safe operation or in compliance with the law, provided that such minimum speed limit shall not apply to a school bus carrying children. 3. Notwithstanding the foregoing provisions, the State Highway Commission or the County may decrease the speed lomits set forth in subsections 1.(a} through 1. ~c} of this section and may increase or decrease the speed limits set forth in Subsections 1. (fl through 1.(g}. of this section on any highway un,;er its jurisdiction. Such increased or decreased speed limits shall be effective only when ~rescribed after an engineering an~i traffic investigation and when indicated upon %he highway by signs. ~,ny person violating this section shall be guilty of a misdemeanor and upon conviction shall be punished as provided in Section 6-33. Sec.6-72. Prohibiting conviction for speeding in cert,sia areas unless markers installed. ~{o pe~'son ~ha!l se convicted of a~ violation of an ordinance en$cted b-~ the Board of Sup{=rvisors pursuant to t:he ~:rovisicns of f;ection [~o.l-lSOdecreasi~g the s~eed limit established in Section 6-71 when such person has exceeded the speed limit in an ar.,~a where the speed limit has been decreased unlass such area is clearly ~ndicat"a by a conspicuous marke~' at the te~'mini of sucL area. · ~ec. 6-78. Same Use of chemical analysis to determine alcohol in blood; ~rocemore; costs: evidence; effect of refusal to allow withdrawal o.[' blood. (~) ~s used in this action "license" means any oper:~'tor~s, Chauffeur's or learner:s ~ermit authorlzmng 'the operation of a motor vehicle upon the .~-igN. ways. ~ (o~ any pe.,~son, ¥~hether ticerLsed .Sy Virginia o~~ ~.ot, who oper~:t~s ~ ~otcr ~vehicle ?pon a,~u~lic h.L~hway, in t~. ~.~ St~'~ on an~ after July one, ~"~mn~.~n~' ~[hundred sixty-two; .... '" be .... ~ ....~ ~n~li dee,:ed "~',"'~,~"~ to have a~reed as a condition of ~' ' operation to consent ~o, ~nd ~ ~ ~ .... hav:~ a samrole of }tis blood ~taken for a chemical test to determine the alcoholic continent %heroof if he is arrested for a violation of Section 6-77 within two hours of the alleged offense and in compli~ce with all the F, ravisions of Sections 6-78 through 6-82. If the person arrested refuses to pe~it the taking of blood .for such test, then the arrestin~ officer forthwith shall take the person arrested before a committing magistrate who shall comply with the provisions of this section applicable to a committing magistrate, but if the Derson arrested does not refuse to permit the taking of blood, of having refused, tYereafter an4 within two hours of the time of arrest recuests that a blood sample be taken, the persona~_rest~:.d= shall be entitled to the benefit of such test. it then stall be the duty of the arresting officer, whoever has custody of the person arrested at the t~e such request is made, forthwith, to carry the person arrested to a per~n qualified u~der t[is section to ~thdraw the blood sample. (c) Only a physician, registered professional nurse or graduate laboratory techhician, using some type of a cleanser or sterilizer for the instruments used and for the [tort of the body from which the blood is taken, other than alcohol or other substance which might in any way affect the accuracy of the test, shall withdraw blood for the purpose of determining the alcoholic content therein; where practicable, the physician of such person~s choice shall withdraw said blood. The blood sample shall Ce placed in each of two sealed containers provided by the Chief ~[e~ical Examiner. Upon completition of taking of the sample, the containers shall be resealed in thepresence of the accused after calling the fact to his attention. The containers shall be especially equipped with a sealing device, sealed ~o as not to allow tampering, labeled ant] identified showing the person making the test, the name of the accused, the date and time of taking. One sample shall then be deliver~'~d by the person who withdrew it to the police officer for transporting or mailing 'to the Chief Medical Examiner; and the other sample shall be delivered to t~e person accured, or if he is unable by reason of physical or mental disability to receive it, to the accused or the a.~torney for the accused within a twenty-four hour period following the withdrawal of the blood, and the accused, or the attorney for the accused, shall deliver by transporting or by mailing the same to a laboratory supervised by a pathologist or a laboratory approved by the State Health Commissioner as one having sufficient equipment and personnel competent to make such t'est for tesfing in the same manner as hereinafter set forth as procedure to be followed by the Chief Medical Examiner, and provided further that all proeedures established herein for use in transmittal, testing and admission of results in trial of the case for the sample sent to the Chief Medical Examiner shall apply to sample sent by or on behalf of the accused to an approved testing laboratory. Upon receipt of the blood sample, the Chief Medical Examiner shall cause it to be examined for alcoholic content by the State Toxicologist ~r by an Assistant State Toxicologist, who, upon the completion of such examination shall~ execute a certificate which certificate shall indicate the name of the accused, the date, time and by whom the same was received and examined, a statement that the container seal had not been broken or otherwise tampered with, that the container was one provided by the Chief Medical Examiner and a statement of the alcoholic con- tent of the sample. The certificate attached to the container shall be returned either the police officer making the arrest, the department from which it came, or the the clerk of the court in which the matter will be heard; and the certificate attached to the container forwarded by or on behalf of the accused shall be returned to the clerk of the court in which the matter will be heard, and such certificate shall be admissible in evidence when attested by the pathologist or by the suDez-visor of the laboratory approved by the State Health Conmaissioner. (d) Upon'the request of the person who was given a chemical test of blood, the results of each test shall be made available to him. (e) An amount not to exceed five dollars to cover the costs of taking blood ~and making an analysis thereof shall be taxed as part of the costs of the criminal case; provided further that all costs imcident to analysis ma~!e by laboratory other than that of Chief Medical Examiner shall be paid by the accused. (f) If the person arrested refused to permit the taking of blood for such test, the provisions of this section shall not otherwise limit the introduction of any competent ev,i_dence bearing upon any question at issue before 'the court. The failure of the accused to submit to such a blood test for the determination of alcoholic content thereof is not evidence and shall not be subject to comment in the trail of the case, but when the person arrested withih two hours of the time of his arrest requests or consents to the taking of a blood sample for chemical analysis, if the result of such chemical analysis of the blood sample taken is not received in evidence at the trial for any reason whatever, including but not limited to the failure on the part of any person, except the person arrested~ to comply strictly with every provision of this section, then the right s of the person arrested shall be deemed to h,~ve been prejudiced, and he shall be found not guilty of any offense under Section 6-~7, and his license shall not be revoked under any provision of this section. In the event th2t the County fails to comply with any of the requirements of this section, then this failure shall be deemed a. reasonable doubt of defendant's guilt. (g) If a person, after being arrested and after having been advised by the arresting officer that the law of Virginia r~quires a person accused of the violation of Section 6-77 to permit a sample of his blood to be taken so that a test may be made of his blood to determine the alcoholic content thereof and that refusal to do so constitutes grounds for the revocation of the privilege of operating a motor vehicle upon the highways of this State, then refuses to permit the taking of blood for such a test and does further so refuse upon being taken befor~ a committing justice, and being ther~ again by the committing justice advised of the law requiring ~ blood test to be taken and the penalty for refusal, all upon a form provided by the c~tmmitting justice, then no blood sample shall be tske~ (h) The form provided for in paragraph (g) above shall contain a brief statement of the law requiring the taking of s blood sample and t?~e penalty for refusal, a declaration,of refusal, and spaces 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 t'o execute such declaration, the committing justice shall certify such fact and that the com~.itting justice advised the person arrested that such refusal or failure, if found to be unreasonable~ constitutes grounds for revocation of such person's license to drive upon the form and sign same. The committing or issuing justice shall forthwtih issue a warrant charging the person:'. refusing to take the test to determine the alcoholic content of his blood, with violation of this s'ection, which warrant shall be execute~ as any other criminal warrant. Thedefendant shall be given a copy of said warrant. (i) The executed declaration of refusal or certificate of the committing justice shall be attached to the warrant, as the cas may be, and shall be forwarded by the committing justice to the court in which the offense of dri'ving under the influence will be tried. (j;~ When the court received the certificate of refusal referred to in paragraph (i), together with the warrant charging the defendant with violation of .~ection 6-78, the court shall fix a date for the trial of said warrant at such time as the court may designate, but subsequent to the defendant's trial for driving under the influence of intoxicants. If the court shall find the defendant guilty as charged in the warrant, ~heh the court shall suspend the defendant's license for a periodof ninety days for the first, offense, and for six months for a second or subsequent offense or refusal within one year of the first or other such refusals and the ~effective dates thereof. The court shall forward the defendant's license to DMV, 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 defendant upon his appeal being perfected. The procedure for appeal and trial in the appelate court ab. all be the same as provided by law for other misdemeanors. Sec .6-81. ~a ~ me - Penalty ~ Subsequent offense; prior conviction. Any person violating any provisioJ of Section 6-77 shall be guilty of a misdemeanor and shall be punished, for a first offense by a fine of not less than two hundred dollars nor more than one thousand dollars or by confinement in jail for not less than one month nor more than six months, either or both in the discretion of the jury or the court trying the cas'e without a jury. Any person convicted within any period of tern years of a second or other subsequent offense under Section 6-77 or Ccd e of Virginia, Section 18.1-5~, or convicted of a first offense under Section 6-77 after having been convicted within a period of ten years prior thereto of an offense under former Code of Virginia Section 18-75, shall be punishable by a fine of not less than two hund. red dollars nor more than one thousand dollars and by confinement in jail for not less than one month nor more than one year. For the purposes of this section a conviction or finding of not innocent in the case of a juvenile under the provisions of Section 6;,77 or Code of Virginia Section !8. 1-5/~, former Section 18.75, the ordinance of any county, city or to~n in this State or the laws of any other state substantially similar to the provisions of Section 6-77 through 6-80 shall be considered a prior conviction. Sec.6-82. Same-Same-Forfeiture o£ right to drive; suspension of sentence. The judgemen~ of conviction, or finding of not innocent in the case of a juvenile, if for a first offense under Section 6-77, shall of itself operate to deprive the person so convicted or found of the right %o drive or operate any such ~ehicle, conveyance, engine or t~ain in this State for a period of one year from the date of such judgment, and if for a second or other subsequent offense within ten years thereof for a period of three years From the date of the judgment of con- viction or finding of not innocent thereof, any such period in either case to run consecutively with any period of suspension for failure to permit a blood sample robe taken as required by Section 6-75. If any person has he~r. efofore been convicted or found not innocent of violating any similar act of this State and thereafter is convicted or found not innocent of violating ths provisions of Section 6-77 such conviction or finding shall vor the purpose of this section and Section 6-81 be a subsequent offense and shall be punished accordingly; a~d the comrt may, in its discretion, suspend the sentence during the good behavior of the person convicted or found not innocent. 2. That Chapter 6 of the Code of the County of Chesterfield, Virginia, be amended by adding thereto Section 6-69.1 and 6-69.2 to read as follows: 3ec. 6-69.1. Same - Additional penalties for fourth and subsequent convictions of certain offenses. If any person, having been convicted three times of any offense o~ offenses set forth below, within a period of five year~, be again convicte~~ of any one of such offen~es within such five years period, he shall, in addition to the penalty 6~herwise prescribed by t~w for such offen~e, be .fined not 7ess than one hundred dollars nor more than one thousand dollars and confined in jail not less than three months nor more than twelve months. The offenses for a fourth conviction of which such penalties may be imposed are the following: violations within Virginia of Sections 18.1-54, ~6.1-191, ~6/1-350, or of amy similar ordinance of any county, city or town Jn Virginia, and manslaughter involving the operation of a motor vehicle, voluntary or involuntary, Provided, however, that for the purposes of this section where more than one manslaughter conviction results from s single act or omission, then on%y the first such conviction shall constitute an offense. Sec. 6-69.~2. Same-ReMocation of .:ope~'ator's license fei fourth conviction of certain offenses. In addition to t~e penalties set forth in Section 6,69.1, if say person be ~onvicted of a fourth offense as therein provided, the Court in which such conviction is had shall revoke the operator's or chauffeur's license oi' such ~erson for ~.~ period of fiYe years. 3. an emergency existing this ordinance shall be in fu'~l force and effect on and after the 1st day of July, 1962. On motion of ~,lr. Britton, seconded by ]'~[r.briskill, it is resolved that the Treasurer of the County be and he here~y ~s request,-~d to ap?ropriate the sum of ~100,O00 froru the SchooLBond Construction Fund to Item 19C of the School Board budget for expenditures during 'the month of August, 1962. ~nd be it further resolved, that from the said School Bond Construction Fund the sum of ~00,000 be added to the appropriation of Item 19C for the month of Sept ember, 1962. it is resolved that the Chairman Bo On motion of I~ir.Britton, seconded by [~!r.G~yne, ~ requested to appoint a Committee to investigate the accidents involving County- owned vehicles. ~fhereupon, the Chairman appointed, the Chairman of the Police Committee~iajor C.W.S~:ith, Chief of the }olice Department, and the Executive Secretary to be a Committee to investigate all accidents involving County-owned vehicles anm report to the Board of Supervisors. On motion of Mr. Britton, seconded by [,"~r. Driskill, it is resolved that the Executive Secretary be requested to investigate the cost of purchasing appropriate decals for the marking of County-owned vehicles. On motion of ~'~[r.~ague, seconded by Mr. Goyne, it is resolved that the followin~ tax refunds be and they hereby are approved: National Fire Insurance Company 1001 E. Main Street, Richmond, Virginia ,~6.5O Mrs. E.C.'~ite, 2507 Richdsle Road Richmond, Virginia 6,50 There ',-,'as presented a reque.;t from the Commonwealth Gas Distribution Corporation requesting the County to ~approve the laying of approximately 1500 feet of gas main alon~ the Shell i{oad to the U.~.Filter Corporation. On motion of Mr. Driskitl, seconded by ?ir.(loyne, it is resolv~J that this Board approves the request of the Commonwealth Gas Distribution Corporation and allows the gas line to be located as shown on ~ map ~',ecorded with the Board's papers. The Executive Secretary re~d a letter iv'om Ers. Eleanor P.Sheppard, ~ayor, of the City of Richmond, citind2 the fact that she has received a resolution of the Board of Supervisors of Chesterfield County reque3ting permission to cross the City of Richmond witi~ s sewer line. This say the Board further considered the request to abandon vhe rear 39 foot parcel of Lot 8, B].ock B, ";alnut Ylace, to~'~ther with a right of way along the northern line of said lot, for ingress and egress to said County's perpetual easement for 'the installation of water and sewer mains along the rear 10 feet of s2id lot, and the Board examined the papers prepared, conveying said property ~o Peter J.Kain and i~lary C. Knit,, his wife, and to deliver said deed to them u~on the simultaneous execution o,~' a perpetual easement. On motion of IVir.Driskill, seconded by ]qr.Goyne, it is resolved that this Board approves the reque't of the Treasurer to have the checks against the Police Retirement Fund ~o be signed by the Treasu.~'~r and the President o~ Vice-?resident On motion of l~,,r.Hadue, seconded by i'qr. Driskill, it is resolved that this ~oard ..... ~0,000 authorizes the Treasurer of the County to borrow a sum not to ~xceed ~'~' ' ' temporarily until the tax avails are received. On motion of ~r. Hagerman, seconde~'i by ~',~lr.Drisk]ll, it is resolved tha~, the sum of ~5,000.00 be ~'~aid to the ~.poruattox Basin Industrial D~velo~me~,'~t~ . ~or~oration,. as the County's 4hare toward this ]:~roject. On motion of [~'~r. Hague, seconded ~y Rr.Brit'ton, it is resolved that the sum of · ~;50£~.00 be [~sid to the 3rippled ~ihildren's Hospital. On motion of Nir. Goyne, seconded by Ar.:~ia:~ue, it is resolYed that the s~m of ~2635.00 be paid to the l~ichmond RegiOnal oha~e in the cost of' this CommisSion. ~a.~n? 3ommission, as ]hester~e!d' It is her~. noted thaz Mr.P, ritton votes The ~xecutive Sesretary read a report from Mr. George W. Dean,State Foresner, as to the fire suprression cost incurre~ by the County. WHEi[E;,S, the american Tobacco Corn?any has purchased a 193-acre tract in the Bermuda ,Hundred area~ ~nd WHEREao, a plant on sa~d property is proposed to be in operation within a 2-year period of time; and WHEf~E~d, State Rt. 619 is ~ovally inadequ@r,e for Industrial traffic, IH~JMmsC~E, on mo~ion of Mr.Goyne, seconded by ~,m. Britton, it is NOW," ..... ~ '"- ' resolved that this Board reques~ the Highway Department to request from the Industrial ~ccess Fund of the State Highwa[ Department sufficient money to impro.~e Rt. 619 for a distance of .8 of a mile northwardly from Rt. 618. On motion of Mr. Goyne, seconded by ~"ir. Brit~on, it is resolved that the County Engineer be and he hereby is authorized to make a sewer connection to the Bellwood Baptist Church ann a sewer con~:ction to the Bellwood Baptist Church Parsonage both fcr the sum of ~200.O0, provided the Church pays ,~}3.50 per month for each such connection. On motion of Nr. Goyne, seconded by Y~.Driskill, it is r.~so!vea that this Board temporarily relieve Mr.A.L.Ewing from the provisions of the Subdivision Ordinance which provide for the cons~rustion of roadways and the installation of water .mains on stub roads provided it be thoroughly understood by Nr..Ew~ng that the Board of upervzsor:~ may require him Lo construct said s~ubs a~d ';nstall water S ' ' mains in said stub roads at any time within the next ten (10) years, and if the adjacent property is developed and the improvemenvs must be completed within ten (10) years, and provided furthe~-, that he sign an instrument to be prepared by the C6mmonwealth's ;~ttorney and recorded in the Clerk's Office guaranteeing to complete said improvements. On motion of Mr. Britton~ seconded by Mr. Goyne, it is resolved that the Treasurer of the County be and be hereby is reouested to give to the Optimist Club a · ~6.50 County auto tag. There was read a letter from the Bon ;~ir-Southampton Volunteer Fire Department stating that M~.Thomas Co§by had resigned as Chief and that Mr. Charles Jurgens had been elected Chief of said Fire Dep~rtment. Upon eo szdera~on w~ereof, and on motion of Mr. '~ri skill, econded by ,r.Brztton~ s pr · it is resol-¢ed that the F~ecutive Secretary file the letter with the Board's papers and inform the Fire Department of its approval. On motion of l'~ir. Britton, seconded by Mr.Goyne, it is resolved that the vacation of a portion of Sunview Lane easement be vacated, provided the proper instruments are drawn, si~ned and approved by the Commonwealth's ~ttorney. On motion of }:~r. Goyne, seconded by Mr.Hague, it is resolved that the Executive Secretary view with the Supervisor of each district, the various street lights in his district and to recommend generally the lights to be changed to mercury vapor lights. There was presented a request of Mr.O.H.Narris for a Var'iance in the Subdi~dsion Ordinance to allow the remodeling of a house before the ubdzvmsion plat is recorded. On motion of Mr. Ha6ue, seconded by Mr. Britton, it is resolved that this Board request Mt.Harris t~ conform to the County Ordinance concerning this mat~er. n m.otmon o.f N~r.Brltt.on, seconde~ bv Pir. Driskill it is resolved that this Board gran~ a Varzance to Mt. Thomas Blake~for the construction of a house on the west side of .Gravel Rill Road, approRimately 61 feet south of Bayou Street. On motion of Mr. Hagerm~n, seconded by Mr. Driskill, it is resolved that a Variance be grant'ed to Mr.E.M.Jones for an addition to a building at the southeast ccrner of the intersection of Rt.?21 and Rt.602. On motion of' }'{r.Britton, seconded by Mr. Goyne~ it is resolved - · ........ the Purchasing ~gent be and he hereby is authorized to employ the Bishop Electric Company to install electrical connections to the trailer sites on the Fair Grounds. ~ On motion of Mr. Goyne, seconded hv [<r.Britton, it is resolved that t~ Purchasing ,~en~ be and he here~y is requestea ~o purchase a drinking fountain for the sum of ~199o00 for' the new Ex~nibition Building. On motion of ~..'~r.Ha~ue, secon¢led by I<r.Goyne, it is resolved that the fee to set at ~12.O0 per trailer locate6 on tbs Fair Grounds Ourin..'.~ the Fair week, and said fee r,o ne recorded on forms approv'ed by the Board. f On motion of Mr.Goyne, seconded by Mr. Britton, it is resolved that this 2oarr~ be appointed @ .2ommittee to discuss certain pt-,:~ses of the sewer system. This day there was presented ~o the Board a deed tca tract of land containing 45.6 acres, more or less, in Manchester I)istrict, from the Richmond-Petersburg Turnpike Authority to the County of Chesr. erfield, dated July 18,1962, for the location of a sewage treatment Flant, which deed was fully examined by the Board, and after donsidering the attorney's report, made by Fred A. Crowder, it was agre~:d that the Board shall accept this deed and accordingly, on motion of i.ir. Britton, seconded by Mr. Driskill, it was resolved that the aforesaid deed be accepted by the County of Chesterfield and the Clerk of this Board is authorized no certify that this deed bas been accepted by the Board of Supervisors of Chesterfield County, and the same is to be recorded immediately in the Clerk's Office of the Circuit Cc~rt of this County. On motion of ~;[r.Britton, seconde-, bv ~<r. Driskill, it is resolved that the Consulting Engineers be and they hereby are recues~ed to seek bids for Project No.61O~-yBl for certain ~ewer trunk lines on Grindal! Creek and Project 5102-8A for certain collector lines in the Grindal! Creek area. On motion 'of Mt. Hague, seconmed b¥1~,r.Britton, it is resolved that this Board reeuest the Consulting Engineers ~,o draw plans and accomplish the necessary surveying work for the instsl!~on of sewer lin:~,s on the Falling Oreck from the sewerage treatment ~lant to Cogbill Road. On motion of ~'~r.Ha~.ue, seconded by i<r. Britton, it is resolved that this Board reouests the Commonwealth's Attorney to prepare the necessary Bond resolution for the sale of school bonds and sewer bonds. On motion of [~lr.briskill, second~~' by .... Hague, it is resolved that the ~reasure. of the County be ~.nd he hereby is requested to transfer the sum of $60,000.00 from the Meter ]onnection Fund to the County '~Iater Construction Fund. On motion of i<r. Driskill, seconde:i by ~'~r. Ha~ue, it is resolved that the County Engine~n~g Department be and it ~erebv~ is requested to survey t~.~ drainage ditch, from the Cherokee Hills Suh~tivision to South Drive· On motion of I,!r. Hague, seconded o.y l',[r.Driskill, it is resolve'i that the Chairman and Clerk of this Boar~i oe and they ~ereby are authorized to execute a contract with the Seaboard i~irline Ry. for the installation o£ a 12" water main under the JAL RR right of way on the Kingsland Road, at a point 689 feet south of i<ile Post 9, near Bellwood. On motion of Mr.Goyne, seconded by Mr. Hague, it is resclYed that the street .~ame o~~ St'rathmore ~(o~d be arid it hereby is changed to West Stratb~mo~'e On motion of ~<r. Goyne, seconded by Mr.Driskill, it is resolved that the County Engineer be and Be hereby is requested to install a water line on Harrowgate Road, from Chester to the Dyer ~chool, according to the ~laster Plan of the County ,Vate~ System. On motion, the meeting is adjourned to September 12, 1962, at 9:00 a.m. !' Executive 5ecretr:~ry