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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 ~