04-21-1948 MinutesVIRGINIA: At a meeting of the Board of
Supervisors of Chesterfield
County, held a t the Courthouse on
April 21, 19~8, at 8:00 p.m.
Present:
J. G. Hening, Chairman
H. T. Goyne
James W. Gordon, Jr.
Irvin G.Horn er
J.C.McKesson
Absent: P. W. Covington
The Executive Secretary stated that the adjourned meeting had b eencalled for the
purpose of deciding upon an application made by Mr. N. W. Royall for a Use Permit
to conduct and operate midget auto races and other commercial recreational enter-
rpises~ on property now owed by Mr.H.W. Hancock on Rt.60~. approximately one and
one-half miles n(rth of the intersection of Rt.604 and Rt.360, and s tared that Mr.
Royall had furnished to the Executive Secretary a list cf the property owners
within a reasonable distance of this property and that letters had been wr~$ten to
all of these property owners stating that this application had been made and would
be heard at this time.
Whereupon ~.~r. Royall desc~-ibed his pla~us for the construction of a midget auto
race track and s tared that it would be so arranged within the ~ack that an athletic
field could b e laid off which could b e used by High Schools or other organizations
of Chesterfield County at no cost to t hem. Whereupon the Chairman asked if there
were any people appearing in opposition to the issuance of this permit, and a dele-
gation from Spring Creek Colored Church appeared and stated that although the
Church was over a mile from the area they felt that the noise and the traffic would
be very detrimental to activities of the Church. The Chairman then called on
Sgt. Waddill of the State Police Force who stated he woul~ be glad to furnish
such officers as necessary to handle any traffic which might arise from this
establishment, because he felt it was one of the duties of the State Police
Department to handle all traffic on State roads. 'ifnereupon Nr. James W.Gordon, Jr.,
made a motion that Mr. Royall be g ranted a Use Permit to establish a midget auto
race track and other recreational enterprizes on theproperty now owned by ~ir.
H.N.Hancock on Rt.604, approximately one and a half miles north of the intersection
of Rt.664 and Rt.360, which motion waz seconded by ~r. J.C.McKesson.
Upon consideration whereof, and on motion of James ~. Cordon, Jr., the Executive
Secretary is instructed to issue a Use Permit for this pnrpose. On this motion
Mr. H.T.Goyne voted "No" and asked that his vote be so recorded.
This day a delegation appeared before the Board aijain requesting that some pro-
visions be made for an office for t he Colored Farm Ag~ and the Colored Home Dem.
Agent at Chesterfield Courthouse. After due consideration, and on motion of Irvin
G.Horner, it isresolved that nocd~an~e be made in the decision made by the Board ~
of Supervisors to accept the cooperation of the School Board to provide office
space for the Colored Farm Agant and the Colored Home Demonstration Agent in the new
$Olored high school on Rt. 10, near Chester.
~J~ereas, M. A. Cogbill, Co~m~onwealth's Attorney, has reported to this Bc~rd, that
difficulty has arisen as to the constitut~onality of the Amendatory Act of Chapter
175 of the Acts of Assembly of 1946, being the Acts of Assembly whereby this Bc~rd
was ~uthorized and empowered to issue "Revenue Bonds" for the purpose of the
construction, operation, acquisition, e~c. of a water system or ssy~stems in the County
of Chesterfield by this Board, and
Whereas, referendum has been had directing this Board t o proceed to sell "Revenue
Bonds" to raise the funds to acquire, etc. the said water system or system, and
this Board in pursuance of such direction has male sale of said bonds to Scott,
Homer a nd Mason, Inc., and,
Whereas, Attorneys for Scott, Horner and Mason, Inc., have raised the question of the
constitutionality of the AmendatorM Act of the Assembly of 1948, ~mending Chapter
175 of the Acts of Assembly of 1946, and have thereby created an actual hostile
controversy between this Board as sellers and issuers of said "Revenue Bonds" and
Scott, Homer and Macon, Inc.~to he, purchasers of said bonds.
Upon consideration whereof, and on motion of James W. Gordon, Jr., it is resolved that
N.A.Cogbill, Commonwealth's Attorney, be, and he hereby is, directed to institute
such proceedings in Court.as will bring about the consummation of the s ale of s aid
"Revenue Bonds, by this Board and the delivery o f the purchase price of said bonds
by Scott. Homer and Mason, Inc., as agreed,to this Board.
This day the Executive Secretary stated that~ecause of the f act that money had not
been received from the s ale of rev~ ue bonds and considerable amount of money had
been spent on water systems, it was necessary ahat a dditional funds be provided
at once if the installation of water systems would continue. Upon consideration
whereof! and on motion of J.C.McKesson, it is resolved that the Treasurer be and he
hereby ~s instructed t o make temporary loan, under the b est terms, of $50.000.00 to
carry over operations of Chesterfield County until additional money had been
received.
This day the Executive Secretary stat$~ that in accordance with authority of t his
Board at a former meeting, he had requested four companies to submit bids on 1,O00
water meters and that representatives were present to demonstrate their product
to the Board. Upon consideratic~ whereof, representatives from the Pittsburgh
Eeter Company, Neptune Neter Company and Badger M~ter Mfg. Company demonstrated
their meters before the Board. A letter was read f rom the Hersey ~4eter Company
stating it would be impossible for t heir representative to be present. Upon
consideration whereof, and on motion of James W. Gordon, Jr., it is resolved that
the Executive Secretary be and he hereby i s instructed to purchase from the
Badger ~4eter Mfg. Company 1,OO0 5/8" water meters including couplings, for the
price of $]~ .70 each. '
This day the Executive Secretary called attention of the Bcard to the monthly
report submitte~ by him as a sample for the month of M~a. rch, inquiring if same was
satisfactory. Upon consideration whereof, and on motion of W.A.Horner, it is
resolved that the form of this report be approved and the Executive Secretary
be instructed to discontinue the former report and adopt this report as the form
of monthly report to the Board of Supervisors.
This day the Commonwealth's Attorney ~resented to the Board a repcrt of the
investigation of the Police Department together with a letter from Judge J. Garland
Jefferson stating he would be glad to confer with the Board if after a study of
the report they deemed it wise to meet with him.
Upon consideration whereof, and on motion of H.T.Goyne, it is resolved that this
report be accepted by the Board of Supervisors of Chesterfield County and that the
entire Board be appointed as a Committee to make a study of the same.
And be it?further resolved that the Commonwealth's Attorney shall furnish to each
member of the Board a copy of the report for theLr study.
Ordered that the meeting be nowadjourned until 2:00 p.m. April 29, 1948.
~ecutive Secre~4y
,-' : Chairm~n ~