1973-03-15 A regular meeting of the Board of County Supervisors of Albemarle County,
Virginia,was held on March 15, 1973 at 9:00 k.M.. in the Board Room of the County
Office Building, Charlottesville, Virginia.
Present: Messrs= Stuart F. Carwile, Gerald E. Fisher, J. T. Henley, Jr.
William C. Thacker, Jr., Gordon L. Wheeler and Lloyd F. Wood, Jr.
Absent: None.
Officers Present: County Executive and County Attorney.
The meeting was' called to order by the Chairman at 9:1~ A.M. and was opened
with The Lord's Prayer.
Approval of the minutes of February 1~, 1973 was deferred until the next
regular business meeting in March.
At 9:20 A.M. the Chairman called for a public hearing on discontinuance,
abandonment and ~ddition of portions of Route 691 as requested by the Highway
Department. There was only one objection raised, that from a Mr. Pugh. He stated
that Interstate 65 was Constructed within 200 yards of his house and when Route 691
was relocated, it was built approximately 35 or more feet higher than his house.
He'also stated that Route 691 had been used by heavy equipment during this construction
of 1-65 and had not been maintained b~ t~e Highway Departmenh during this construction
period. After further discussion motion was offered, by Mr. Henley, seconded by
Mr. Wood on Section l, motion was offered by Mr. Thacker, seconded by Mr. Henley
on Section 2 and motion was offered by Mr. Henley and seconded by Mr. Carwile on
~Section 3- In line with the foregoing motions, the following resolution was adop~d
by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
Nays: None.
WHEREAS, certain changes have resulted in the Secondary S~stem
due to the construction of 1-65 and the relocation of Route 691;
and
WHEREAS, public hearing was held on March I~, 1973, in accordance
with notice forwarded to each property owner effected; and
WHEREAS, there appears to be only one o~jection from the public
with regard to the following proposed changes;
NOW, THEREFORE, BE IT RESOLVED by the Board of County Supervisors
of Albemarle County, Virginia, that Section I - length O.10 mile, as
indicated on sketch presented at this meeting and made a part of the
Board's permanent file, be abandoned pursuant to Section 33.1-1~5
of the Code of Virginia; that Section 2, length 0.23 mile, as
indicated on the same sketch, be added to the Secondary System; and
BE IT FURTHER RESOLVED that Section 3, length 0.02 miles,
also indicated on the same sketch, not be discontinued to public
use.
The Board continued their discussion of a request from Stromberg-Carlson
for Industrial Access Funds. (Mr. Carwile abstaining during the discussion of
this matter). Mr. Thacker stated that the committee appointed to study this matter
with
had met/the developer, Dr. Charles Hurt. They found that thee portions of Greenbrier
Drive and Peyton Drive that are.not in the Secondary System had not been constructed
to standards for acceptance into the State system even based on the traffic generated
by this development and ~specia!ly considering the additional traffic to be generated
by Stromberg-Carlson. The committee had requested that the developer bring these roads
to standards for acceptance and then they would consider the possibility of using
industrial access funds for any further upgrading. Mr. Warner stated that these roads
were built without plans being submitted to the highway department and he now feels it
will cost between SWO,O00 and $50,000 to bring this road network to standard° Mr.
Thacker said that the developerhad been most cooperative to this point, however, he had
heard no comments since Mr. Warner had given the cost of upgrading these roads.
~J~/~~~Mr' Wheeler stated ~'that he ~had received word from Allen Kindrick that he would
~~this r~que~t until a final~ decision was made concerning these roads.
Mr. Thacker s~ated that there ~as a bond given approximately five years ago for
this work, but this was in the form of a personal check which is no longer valid and
Dr° Hurt had been called upon several times to make this check good and has not.
Upon recommendation of the County Attorney, Mr. Thacker offered motion to
instruct the Planning Department to cease issuing building permits in that !mrticular
area that uses these roads and to call for the check to be made good within ~0 days.
Motion was seconded by Mr. Wood. Mr. Wood then asked if the motion could be changed
to a motion of intent giving the developer until the April meeting to comply before
ceasing to issue, building permits.
Mr. Fisher asked what area would be included in the motion for denial of permits.
Mr. Thacker stated that he felt the entire road system needed to be accepted by the
State, therefore, the motion included everything in this developTment that is serve~
by those roads. He then amended his motion to state that it is the intent of the Board
to deny building permits if no concrete decision is made by April 19 and that the bond
be made in negotia~ form satisfactory to the County Attorney by the l~th of April.
Mr. Wood accepted this amendment.
During conversation that followed, it was felt that the developer might apply
for a great number of building permits during this ~0 day interval and~in light of
this Mr. Thacker again amended his motion as follows:
The Board of Supervisors hereby instructs the Planning Department
to cease accepting applications for building permits along any
pelion of the following streets or reads which have not been
accepted into the State Secondary System of Highways: Peyton
~Drive, Greenbrier Drive, Commonwealth Drive and Westfield Road.~
This order shall be in effect until April 1~, 197~.
The Board of Supervisors also declares that Ck. No. 117 of West
Realty Corp. dated May 2, 1969, in the amount of $2~,676.00 signed
by Charles Wo Hurt and payable to the County of Albemarle be
transferred into a bond or negotiable form satisfactory to the
County Attorney by April 1~, 197~ or it is the intent of this
Board to cease from issuing building permits along the ~bove
mentioned streets or roads until this order is complied with°
This amendment was accepted by Mr. Wood and the motion carried by the following recorded
vote:
AYES: Messrs. Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
ABSTAINING: Mr. Carwileo
452
Mr. Joseph Wood was present at this meeting of the Board to discuss having
Whitewood Road accepted into the State Secondary System of Highways. Mr. Warner
stated that when this ~equest initially came to the Highway Department they felt
there should be someone living along this road before it was accepted into the
system, but now, realizing that it is used by through traffic to Hydraulic Road,
if the Board feels it gives public service, it can be accepted. After a short
discussion, motion was offered by Mr. Thacker to defe~ action on this matter
for at least 30 days. Motion was seconded by Mr. Wood and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
(Mr. Carwile did not participate nor taken any part in the following discussion).
Mr. John Humphrey~as present at the request of the Board to give a report on the dam
at Holly-mead. He stated that he had contacted Mr. Warner of the Highway Department
and had found that no plans were ever submitted for approval prior to the dam
being built on Woodburn Road. Before this section can be taken into the system~
sufficient information must be submi~tted with regard to the design of the
dam and since the dam has already been built, it will have to be cored to obtain
samples of material to see if these are of the proper ty~. This must be done
before the Highway Department can ascertain if the dam ~as~ built to Highway Department-~
standards. Mr. Warner spoke to this matter quoting sections from the Highway
Department's subdivision standards and drainage manuals~. Dr. Charles Hurt was
present and again stated facts he had given at the February meeting concerning this
matter. He also asked the Board to withdraw the.~condition placed upon him in the
approval of Phase I of Hollymead that there had to be an interconnecting road
between Phase I and the second phase of Hollymead. Mr. Thacker asked if there
were other access from Phase i into the second section other than this road across
the dam. Dr. Hurt replied that there was access only from Route 29 N. Mr. Thacker
stated that this was one point covered to a very great extent when the permit was
reviewed for the first phase of Hollymead~and he weald be greatly concerned ~out
a planned unit development with any portion of the road network kept as a private
road. Mr. Wheeler stated that he was not prepared to take any action on' this matter
this date but if the Board wanted to consider such action it could be taken up at
another time. He also stated that he did not see that this Board could take any
action on the matter of the dam, this being a matter between the Highway Department
and the developer.
The Board concluded this matter and continued with other Highway matters.
Mr. Wood stated that he had received a number of complaints about Angus
Road where it enters into Hessian Hills and asked Mr. Warner to check this.
Mr. Wood also stated that he had another request concerning a section of Route
65~ near the airport from its intersection with Rt. 7~ to the quarry. It is a
dirt road at the present time and the drainage is poor. He stated that one of the
453
residents, Mr. Pickford and he had drawn up some agreements about rights-of-way and
had contacted every person along the road. He then introduced a Mr. Richard Sambraus
who was present to give a report concerning this matter. After a short discussion, he
was referred to the annual highway meeting on March 21, 1973~ since the Highway Department
uses such requests to help make their annual budget.
The following communication was received from the Highway Department:
"March 9, 1973
Cbunty of Albemarle
County Office Building
Charlottesville~ Virginia
22901
Attention: T. M. Batchelor
Dear Sir:
At the last Board of Supervisors meeting which was held on
February, 22, 1973, either you or one of the Supervisors asked what the
possibility was of placing a "NO LEFT TURN" sign on Rio Road at its in-
tersection with Agnese Street.
We have had our Traffic Engineer review this, and he advises
that he cannot recommend:a "NO LEFT TURN" sign at this intersection.
However, he feels that some assistance can be given to the motorAng
public by having "WATCH FOR TURNING VEHICLES" signs placed on each ap-
proach to Agnese Street. We also feel that this should handle the sit-
uation, and these signs will be erected in the near future.
If we can be of any further assistance in this matter, please
let us know.
Very truly yours,
(Signed) R. G. Warner
Resident Engineer"
The following communication was also received from the Highway Department:
"March 2, 1973
County of Albemarle
County Office Building
Charlottesville, Virginia
22901
Attention: Mr. To Mo Batchelor
Dear Sir:
Attached, you will find copy of letter dated February 26, 1973 from
our Traffic & Safety Engineer concerning the request made by one of the
Supervisors, at the last Board Meeting, for flashing lights at the Inter-
section of Route 649 a~d Route 29.
If we can be of any further assistance in this matter, ~lease let us
know.
Very truly yours,
(Signed) Ro G. Warner
Resident Engineer~
Reference is made to your memorandum of February 20, 1973, concerning a reauest
from the Albemarle County Board of Supervisors concerning the traffic signal at
the intersection of Route 29 and Route 649 in Albemarle County,
I have reviewed the subject location concerning the traffic signs "Signal
Ahead" on several occasions due to prior comments concerning this intersection.
The signs in question are usually only erected where there is less than 600
feet ~f sight distance to an existing signalized intersection. The signs
presently are located approximately 600 to 650 feet in advance of Route 649.
My field review indicates that traffic approaching this signal from the south
has approximately one-half mile sight distance to this intersection. Traffic
approaching the same location from the nor~h~has approximately 0.20 miles of
sight distance.
3-1 5'-73
"I requested the Richmond Office to submit an accident diagram showing
the accidents at the intersections for one year prior to the signal
installation and for one year after this installation. This information
shows that the accidents have reduced from eight prior to the installation
to four accidents after the signal was installed.
Considering the improved accident picture at this location plus the fact
that there is more than ample sight distance to the signalized intersection
for approaching traffic, I cannot recommend that the signs be relocated
and I certainly do ~'~ot recommend that flashing lights be erected on these
signs. Flashing lights are usually installed to warn of a location where
sight distance or other conditions create a particular hazardous problem.
I do not feel that this intersection warrants the need of flashing lights
on the a~vance signing but we will keep this interesection under
surveillance so that we may be aware of any changes that take place at
this intersection.
Please advise if add~ional information is required.
(Signed) J. W. Nicholson
District ~Traffic Engineer"
Mr. Richard Barrick was present on behalf of the Charlottesville-Albemarle
Legal Aid Society, a federally funded program under OEO since 1970, to request
*See Below ..............................................
a loan from the Board of Supervisors in the amount of $$,0OO./ After a short
discussion mo~ion was offered by Mr. Carwile and seconded by Mr.
adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle
County Virginia, that an appropriation in the amount of
$~,000 be and is hereby made for the purpose of extending a
loan to the Charlottesville-Albemarle Legal Aid Society.
Said appropriation to be transferred from the General Revenue
Fund to the General Operating Fund for this purpose.
Motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wood.
NAYS: Mr..~Wheeler.
~Left o~t ~. r
above.,~
The first motion was to approve making a~loan to the Charlottesville-
Albemarle Legal ~id Society. Motion was offered by Mr. Carwile, seconded by
Mr. Thacker and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wood.
NAYS: Mr. Wheeler.
Mr. Guy Via was present to ask reconsideration of a claim against the Dog
Tax Fund which was presented at the February ~, 1973 Board meeting. This matter
was discussed and it was determined that the amount allowed was not an amount agreed
upon by Mr. Via and the Dog Warden. In light of this, motion was offered by Mr.
Henley to revise the payment to $$~.00 for each of the ewes killed by dogs. Motion
was seconded by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker~ Wheeler and Wood.
NAYS: None.
F
Mr. Wheeler stated that he had just been handed the following communication:
"March 1~, 1973
Mr. Gordon Wheeler, Chairman
Albemarle County Board of Supervisors
Count~0~fice Building
Charlottesville, V~.
Dear Sir:
With the development of the Hollymead tract my property just to the
north on the east side of US 29 has suffered extensive damage due to
soil erosion and sedimentation.
It is evident that either the requirements of the County Planner for
erosion'and sedimentation control~ as called for in the Land Subdivision
and Development Ordinance adopted October 2I, 1971, were not properl~ drawn
and specified or the developer has completely failed to comply with such
plans and restrictions.
Enclosed are a set of photOgraphs taken on March 9, 1973 which clearly
illustrate some of the.extensive damage dome to my property~
It is requested that I be advised what action is to be taken to
stop further damage and to rectify the damage done to date. An early
answer to this letter is expected.
Sincerely yours,
(Signed) Russell Mooney"
Mr. Wheeler asked Mr. Humphrey to ma~e an investigation of this matter.
The next matters under discussion were requests for special appropriations:
Request for a $2,000 special appropriation to update voter records for the June
primary was discussed. It was the concensus of the Board that the accounts of the
Electoral Board should run overdrawn until June 30 and an appropriation be made to
cover all expenses at that time.
A request was recently received from the Piedmont Virginia Community College
asking that $2~,000 of the amount allocated to site development be accelerated into
the present fiscal year and paid now to offset Buckingham County not coming into the
C~-mmunity College. Motion was offered by Mr. Wood, seconded by Mr. H~nley and carried
by the following recorded vote:
AyES..~ Messrs. Carwile, Fisher~ Henley, Thacker, Wheeler and Wood.
NAYS: None.
BE IT RESOLVED by the Board of Supervisors of Albemarle County
Virginia, that an appropriation in the amount of $2~000 be, and
the same hereby is, made for the purpose of making an accelerated
payment to the Piedmont Virginia Community College, said $2~,O00
to be transferred f~om the General Revenue Fund to the General
Operating Fund, for this purpose. This payment will be deducted
from the amount due the Community College in the fiscal year
1 973-74.
Certain items of the Board being overexpended, the following resolution was
offered by Mr. Carwile, seconded by Mr. Thacker and carried by the following recorded
vote:
456
3-1 5'-73
AYES: Messrs. Carwiley Fishery Henleyy Thackery Wheeler and Wood.
NAYS: None
BE IT RESOLVED by the Board of Supervisors of Albemarle
County~ Virginia~ that the following amounts be transferred
to Code Section lA in the County Budget:
$ ~00.00 be transferred from Code 17-10~ to Code 1-A-10~.
$6~27~.~8 be transferred from Code 1-A-399.1 to Code
$6,700.00 be transferred from Code 1-A-399.1 to Code
$$,000.00 be transferred from Code 1-A-399ol to Code 1-A-200.
When Mr. Thomas R. Wyant was hired to make a feasibility study of the use
of McIntire School as a new county office building~ no amount was appropriated to
cover this expense. Motion was offered by Mr. Fishery seconded by Mr. Wood to
adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albe~le
Countyy Virginia, that an appropriation of $3,3~0.79 be~ and
is hereby made for the purpose of paying architect's bill under
code 1-AA-700.8. Said appropriation to be transferred from the
General Revenue Fund to the General Operating ~nd for this
purpose.
The foregoing motion carried by the following recorded vote:
~: ~essrs.t~one. Carwile, Fishery Henley, Thacker, Wheeler and Wood.
Next item under discussion was an appropriation for the parks account. Mr
Batchelor stated that in order to keep the parks in operation £¢r the remainder of
the fiscal year~ that an appropriation of $60y000 was required for operational costs
and to defray over-expenditures alread~ on the books. Mr. Robert Sampson was
present to explain.a report hhat had been drawn on the parks. There followed a
long and heated discussion in which Mr. Wheeler stated that he could not support
any appropriation to the parks until they were under the proper management. The
majority of the Board members had similar feelings~ but also felt that with a
June 1 deadline facing the County on the opening of the parks~ that the appropriation
must be made since there is still flood damage to Be repaired. Motion was offered
by Mr. Wood and seconded by Mr, Carwile to adopt the following resolution:
BE iT RES~D by the Board of County Supervisors of
Albemarle County~ Virginia~ that an appropriation of $60~000
bey and the same herebyy is made to the Parks Account. Said
appropriation to be transferred from the General Revenue
Fund to the General Operating Fund®for this purpose.
Mr. Wheeler then suggested that a committee be appointed to work out management
and a budget for the parks. He suggested that Mr. Thacker and Mr. Wood serve
on this committee and that two or three citizens also be appointed to serve. Vote
was taken at this point and the motion carried by the following recorded vote:
AYES: Messrs, Carwiley Fishery Henley and Wood,
NAYS: Messrs. Thacker and Wheeler,
Mr. Carwile suggested that in the future~ the County Executive should include
in his report a list of all items which are over-expended,
Mr. James Harris of the Manpower Program was present to give a report stating
that this program had placed 19 people in Sobs and that six of these are still employed,
He also stated that transportation to a job is a big factor for ~eople living far out
in the County. Mr. Harris stated that h~ office had helped to change employment
practices by showing employers that they were hiring too highly qualified people to do
jobs not requiring same and had also had them include specific Zests for minority
groups. He said that they do not consider a person is placed on the job until he
had worked at least 30 days and they do follow up on these placements for three months.
Mr, ~neeler thanked Mr. Harris for his report, but the Board made no formal
commitment to the Manpower Program.
The Chairman requested that the Board adjourn into executive session until 1:30
to discuss a matter with the County Attorney concerning litigation and for discussion
with the landfill committee which might involve site acquisition. Motion to this
effect was offered by Mr. Fisher~ seconded by Mr, Carwile and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher~ Henleyy Thackery Wheeler and Wood.
NAYS: None,
The Board reconvened at !:~3 P.M.
Mrs, Isabel Palmery Dr, Richard W. Garnett~ Jr.y Mr. William Stevensy Mrs, Besson,
and Dr. Russell G~eiger were present and presented an updated report of the activites
of the Mental Health Department.
Mr, Wheeler stated that he had talked to the Mayor about appointments to the
Mental Health Board and recommended that this board concur in the appointment of
Mr. Robert P, Hodous and also recommended the reappointment of Dr. James T. Hamliny III
and recommended that Mr, Wood continue as an ex-officio member of this Board. Motion
to this effect was offered by Mr. Thackery seconded by Mr. Fisher and carried by
the following recorded vote:
AYES: Messrs. Carwiley Fishery Henleyy Thacker~ Wheeler and Wood.
NAYS: None,
Mr. Fisher gave a report from the Lanfill Committee. He stated that the committee
had discussed ~everal sites for joint uses however~since the City has already purchased
the Massey Sitey on which this Board has set a public hearing date~ it leaves the
County in the position of initiating action for specific sites. He stated that the
committee will view a site brought by a citizen and develop technical information on
same. He also stated that he had been critized for an article which appeared in the
Daily Progress on March 10~ 1973y and stated that if the Board had lost confidence
in his ability to carry out his duties as chairman of this committee~ he would offer
3-1 ~-73
his resignation. It was the concensus of the Board that Mr. Fisher should
continue in this capacity. Mr. Fisher then asked for authorization to spend
up to $1,000 as the County's share o£ test borings, etc. during investigation of
sites. Mr. Wood offered motion to adopt the following resolution:
BE IT RESOLVED by the Board of Supervisors of Albemarle
County, Virginia~ that an appropriation of $1,000 be, and the
same hereby is, made to Code 7D - Landfill Feasibility Study.
Said appropriation to be transferred from the. General Revenue
Fund to the General Operating Fund for this purpose.
The foregoing motion was seo~nded by Mr. Thacker and carried by the following
recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Mr. J. Harvey Bailey read the following report on the operation of the
County's sanitary landfills:
Current contracts for the operation of the County's two landfills
expire on June 30, 1973. Because there is a great deal of information to be
sifted and digested before'~lhe County decides whether or not the present
system of solid waste disposal in the County is to be continued, we believe
there is not sufficient time to reach and implement any drastic change in
the present system prior to that date. Since there is a prospect that the County
will make an appreciable change in its landfill operation, we recommend that the
existing contracts be extended, by negotiation, for a six-month period.
The next limiting date effecting the landfill operation is May 15, 197W.
The County's lease agreement with the Continental Can Company, Inc. for the use
of these lands for the operation of SLF - 1, near Ivy, terminates on that date.
Reference is made to our recommendations to the Board on February I%, 1973.
We remain of the same opinion. With respect to the off-hour use of SLF-1, it
is surely prudent to have an attendent Rt the site whenever refuse is coming in,
although not an absolute requirement. Since only two parties are benefited by
this, we feel they should bear the cost.
Since the February 1%, meeting of the Board, the City of Charlottesville
has commenced using the Ivy landfill under the terms of contracts between the
City and County, Continental Can Company and Whitfield Morris~ respectively.
The contract~ith Morris is for his service to the City in the regular landfill
operation. In this City-Whitfield Morris contract~ the hours of use are d~ff~rent
from those set by the County-Whitfield Morris Contract, as follow~:
The County .contract calls for the landfill to be open to the public from
8:00 A.M. until g:30 P.M., Monday through Saturday. The City-Whitfield Morris
hours are set at from 7:30 A.M. to ~:00 P.M., Monday through Friday and from
7:30 A.M. to 12:00 Noon on Saturday. The County contract provides for the
landfill to be closed on five holidays; the City does not specify holidays,
but requires the landfill to remain open until 6:00 P.M. on the next~llection
day following a holiday or, on anticipated heavy collection days which may be
designated by the City. Mr. Morris has requested us to change our closing hour
to 12:00 Noon om Sa~ay, citing the need for additional time for maintenance of
equipment ~ue to the added daily use of the equipment with the entry of the City.
If the County haulers are to receive,~ the benefit of the extra half-hour provided
in the morning by the 7:30 A.M. opening, the County closing time of g:30 P.M. to
rem~ain in force, we recommend that the request be granted and so advertised.
Respecting the recommendation for the control of SLF 2 at Keene by
establishing a fence and gate and the establishing of hours of opening, we have
asked Mr. Tapscott, contract operator for a proposal. Mr. Tapscott_proposes as
follows:
Open.on a 5-day week basis; one day of which is Saturday;
$2,g0~.17 per month.
Open on a 6-day week basis; the sum of $2,60~.17 per month.
the sum of
AYES:
NAYS:
* (NOTE:
The current contract for a Monday through Friday operation if $1,955.17 per
month. The Saturday and 5-day week will cost an additional $~50 per month; the full
6-day week will cost an additional $650 per month. Either ~ay, 9~erating on Saturday
costs "overtime". This additional cost would fall on the County. Because of the
rather drastic change in the open-to-public time for SLF 2, which must take effect
by July 1 at the latest, we recommend the Board accept the 6-day week proposal
made by Mr. Tapscott. We do not feel that the benefits to the public of swapping
a Monday through Friday day for a Saturday is worth the cost.
Mr. Wood offered motion to accept Mr. Bailey's recommendations. No second was
given. There followed a lengthy discussion after which Mr. Thacker made the following
motion: '1) The hours of operation at the Ivy landfill be changed to 7:30 A.M. - $:00 P.M.
that
six days a week. If the landfill is used after those hours,/it be done with an
attendent present and any additional cost required for this be borne by the user.
That the p~esent contract for operation of the Ivy landfill be negotiated to extend
for six months from June 30, 1973. 2) That the Keene landfill go on a six-day (Monday
through Saturday) operation, hours to be the same as those set for the Ivy landfill.
That the present contract for operation of the Keene landfill be negotiated to extend
for six months from June 30, 1973. 3) That the Board*appropriate any necessary
funds required to close the Keene landfill after hours, this being a f~nce and gate.
Motion was seconded by Mr. Fisher and carried by the following recorded vote:
Messrs. Carwile, Fisher, Henley, Thacker, Wh~eler and Wood.
None.
There being no figure readily available for this appropriation, this matter
will be brought back to the Board at a later date.)
Mr. Daley Craig was present to discuss conditions of
approval of ~JP-111. Mr. John Humphrey stated, that all conditions had been complied with
of the staff recommendations.
except Item 2-C~/ The Planning Office is still waiting for dedication 'of 35 feet from
the center line of Route 631 in a souttherly direction paralleling the commerical area
which is presently under construction. The other pr~visions have been made for the
dedication of the 35 feet extending from Four Seasons Drive in a northerly direction
paralleling the residential patio area. The other items presently in contention are
the County Engineer's recommendations, Items B & C. With reference to site plan
approval on the commercial center, this has been approved subject to the County Engineer
reviewing utilities and deceleration lane. The deceleration lane has been placed and
has been extended to compensate or take on the characteristics of a widening of Route
631 at this point, however, this has been accomplished without formal approval by the
Highway Department and paving has taken place and within that paved area there does
exist some power poles, a telephone pad and a fire hydrant. This one item needs to
be clarified and some disposition made of before certificates of occupancy can be
granted for the Four Seasons re~ail activity.
Mr. Craig stated that he had received a letter from Mr. Humphrey dated March 12,
in
which he felt to be out of order and/which Mr. Humphrey made allegations he felt
were not true. He said that this matter came about because he had written a letter
to VEPCO about widening this road, with a copy of the letter to the County Executive
and the Highway Department. It was his understanding that Mr. Batchelor had called a
46O
3-15~-73
meeting of the Highway Department, the Planning Department, Virginia Telephone &
Telegraph Co., Virginia Electric & Power Company, J. H. Bailey and Herbert Pickford
and then had instructed Mr. Humphrey to write the letter dated March,12. He stated
that he felt the county had chosen to take an adverse position to him in writing and
without communicating. L-to him the difficulty. Mr. Carwile asked the nature of the
adverse position. Mr. Craig replied that the letter in question stated that signed
agreements with VEPCO and Virginia Telephone & Telegraph concerning the relocation
of utility poles should be consumated by March 1~ and the letter also threatened
that Mr. Craig would not be able to occupy the premises.
Mr. Carwile asked if Mr. Craig had applied to the Highway Department for a
permit. Mr. Craig stated that Me Highway Department was on the site and approved
what was built since it was built in accordance with their directions. He thought
this was application for a permit, but could not find evidence of any written
application. He stated that Mr. Keister and M~. Coates of the Highway Department
were aware of the construction. Mr. Warner replied that he had not received any
written application for a permanent entrance along the commercial area. He also
stated that Mr. Coates had met with Mr. Craig's staff and had looked at the ground
work but this is not the way applications are handled and approved.
Mr, Carwile asked if Mr. Craig maintained that the deceleration lane had
been built according to Highway Department standards. Mr. Craig replied yes and
introduced Mr. W. S. Roudabush to speak to this point. Mr. Roudabush stated that
he had gone to the Highway Department with a sketch of the road and had been advised
to redraw these plans. He said that the drawings did show that the utility poles
would be in front of the curb line and the Highway Department should have been
aware of this. Mr. Carwile stated that he could not see where anyone thought
this type of situation would be approved by the Highway Department and that the
site plan for the shopping center portion of Four Seasons ~as approved subject to a
deceleration lan~ being installed with Highway Department approval.
Mr. Clyde Gouldman stated that he felt that Mr. Craig, Virginia Electric &
Power Company and the Albemarle County Service Authority should have realized that
their utilities were within the 3~ foot dedication and have obtained approval from
the Highway Department prior to installation. He asked that the Board grant 60
days for the parties involved to work out a solution to this problem.
Mr. Carwile then offered motion' that the Board of County Supervisors instruct
the County Planner not to issue certificates of occupancy for any portion of the
Four Seasons Shopping Center until the conditions of the site plan approval~are
complied with. Motion was seconded by Mr. Thacker.
Mr. Wood stated that he would like for the motion to be a motion of intent
in order to give the people involved a warning, sinceshe felt there was an obvious
misunderstanding between the parties involved and asked if Mr. Carwile would
accept ten days in his motion.
3-i5'-73
461
Mr. Craig stated that the Board was putting him in jeopardy by making him correct
an error which had been made by VEPCO in relocation of utility poles.
Mr. Carwile then withdrew his first motion and made the following motion:
All conditions of the site plan and the conditional use permit to be complied with by
March 28: contractural arrangements to be entered into to assure the compliance
with ; and that arrangements be satisfactory to the County Attorney
and the s~aff and the Board of Supervisors. If these arrangements have not been made
by March 28, 1973, it will be Mro Carwile' intent to offer a resolution at that time
to revoke the Conditional Use Permit 111. Motion was seconded by Mro Thacker.~and
carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Me next item under discussion was the License Tax Code of Albemarle County.
Mr. Pickford gave the following revisions: 1) Page 2 under Article I, subsection C,
on gross receipts, after the words ... and farm equipment dealers;.., add the words,
parts used in reconditioning used cars and farm equipment, which parts are not sold
as parts, are not to be considered in measuring the tax ..... 2) Page 1~, under
Section
Article II~/subsection J, change $1,500 per annum to $~00 per annum.
Mr. Wheeler stated that he had talked to Mr. Haynes Dominick and by deleting
this first item~ this would bring the County's license in line with the City's
current license~ Motion to adopt the License Tax Code as recommended by the County
A~t~rney~:waS?~O~e~ed~-~''~'? by Mr. Fisher and seconded by Mr. Henley. Mr. Carwile then asked
that the motion be amended to move the travel agent portion from professional to retail,
thus changing the rate on travel agents from 7~¢/$100 to 20¢/$100~ and thereby bringing
this portion also in line with the City's ordinance. This amendment was accepted by
Mr. Fisher and Mr. Henley and the motion carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley~ Thacker, Wheeler and Wood.
NAYS: None.
~The complete ~xt of the ordinance~ as adopted, is set out below).
LICENSE TAX CODE
OF
CO~JNTY OF ALBEMARLE, VIRGINIA
AN ORDINANCE TO IMPOSE A LICENSE TAX ON CERTAIN BUSINESSES, TRADES, PROFESSIONS~
OCCUPATION~ AND CALLINGS; ALSO ON CERTAIN COIN OPERATED ~FENDING MACHINES, VENDING
MACHINE OPERATORS, COIN OPERATED MACHINES, COIN OPERATED~L~UNDRY MACHINES AND
PERSONAL SERVICES PURSUANT TO AUTHORITY CONTAINED IN CHAPTER 7, TITLE ~8, CODE
OF VIRGINIA~ 19~0 AS AMENDED; AND TO PROVIDE FOR THE METHODS OF ASSESSMenT AND
COLLECTION, AND PROVIDE PENALTIES FOR VIOLATION THEREOF.
BE IT ORDAINED BY THE BOARD OF SUPERVISORS OF ALBEMARLE COUNTY, VIRGINIA: That for
the year beginning May 1~ 1973, and ending April 30~ 197~, and for each year thereafter,
while this ordinance is in force there shall be an annual license tax assessed against
all persons, firms, corporations~ or associations engaged in the different descrip~tions
of businesses, professions, occupations and personal services, conducted in Albemarle
County~ Virginia, and named in this ordinance as enumerated below, the same to be
assessed and collected in the manner provided herein.
1. Purpose and Title. The purpose of this ordinance is to impose the license
on all persons, firms, corporations or associations engaged in the hereinafter
referred to~ and businesses, professions~ occupations and personal services~ conducted
in Albemarle County~ Virginia; to require a license to be obtained therefore; provide for
the collection thereof; and imposing penalties for failure to comply with the provisions
hereof.
This ~rdinance is known and may be cited as the "License Tax Code of Albemarle
County~ Virginia."
ARTICLE I. IN GENERAL
Section 1. Definitions~ As used in this ordinance and as applied to the business, trade
or occupation subject to the license taxes hereinafter set forth and not specifically
otherwise taxed.
(a) AMUSEMENT. The term "amusement" shall include every activity enumerated in
Section ~9 of this code.
(b)~ BUSINESS SERVICE. The term "Business service" shall include every person
engaged in the conduct of a business or trade enumerated in Section 53 of this ordinance.
(c) GROSS RECEIPTS. The term "gross receipts" shall mean the gross receipts
exclusive of sales and use..taxes, from any business, profession, trade, occupation,
vo~ation, calling or activity, including cash, credits, fees, commissions, brokerage
charges and rentals, and property of any kind, nature' or description from either sales
made or services rendered without any deduction therefrom on account of cost of the
property sold, the cost of materials, labor ordservice or other costs, interest, or
discounts paid~ or any expense whatsoever, and shall include in case of merchants the
amo~dnt of the sale price of supplies and goods furnished to or used by the licensee or
his family or other person for which no charge is made, provided, however, that the term
"gross receipts" with respect to manufacturers and wholesale merchants manufacturing or
dealing in articles upon which~there is levied a direct excise tax by the United States
Government; provided further, that wholesale and retail dealers in petroleum products on
which the state levies a motor vehicle fuel tax shall exclude such tax payments~to the
state; provided, that the tax has first been included in the "gross receipts"% provided
further that retail motor vehicle dealers and farm equipment dealers~ shall deduct
trade-in allowances credited on sales of both new and used motor vehicles and farm
equipment and parts used in reconditioning used cars and farm equipment, which parts
are~not sold as parts~ are not to be considered in measuring the tax; provided further,
in computing the gross receipts of licenses under Section 5~ of this ordinance, the
licensees shall be permitted to claim as a deduction the amount of salaries paid to any
person employed by them who is duly licensed in the same profession, under such section.
The term "gross receipts" when used in connection with, or in respect to, financial
transactions involving the sale of notes, stocks, bonds or other securities~ or the loan~
collection or advance of money~ of the discounting of notes~ bills or other evidence of
debt~ shall be deemed to mean the gross interest, gross discount, gross commission or
other gross receipts earned by means of, or resulting from such financial transactions
but the term "gross receipts"~? shall not include amounts received as payment of debts.
The term "gross receipts" shall include the gross receipts from all sales made or
services rendered or activities conducted from a place of business within the county,
both to persons within the county and to permons outside the county, but subject to
deduction allowed in Section 58-266.5 (b) (i), Code of Virginia.
In this connection the word "person" shall be construed to include governmental
agencies.
The calculation of gross receipts for license tax purposes shall be on either a
cash or accrual basis for the preceding calendar or fiscal year~ provided, however~ that
the basis used must coincide with the system of accou~ts used by the taxpayer ~nd the
method employed by the taxpayer for federal and state income tax purposes.
(d) PERSON. The word "person" shall include individuals, firms~ co-partnerships,
corporations, companies~ associations or joint stock associations~ and it shall include
any trustee~ receiver, assigned personal representative thereof carrying on or continuing
a business~ profession~ trade or occupation~ but shall not include a trustee, receiver
or other representative duly appointed by a court to liquidate assets for immediate
distribution~ or a sergeant or sheriff~ or any deputy, selling under authority of process
or writ of a court of justice.
(e) PERSONAL SERVICE. The term "personal service" shall include every person
engaged in the conduct of a business or trade enumerated in Section ~2 of this ordinance.
(f) PROFESSION OR OCCUPATION. The term "profession or occupation" shall include
every person engaged in an occupation enumerated in Section ~1 of this ordinance.
(g) REPAIR SERVICE. The term "repair service" shall include every person engaged
in the business of repairing, renovating or servicing one or more of those items or
articles enumerated in Section 5% of this ordinance.
463
(h) RETAIL MERCHANT. The term "retail merchant" shall include every person
engaged in the conduct of a business enumerated in Section 55 of this ordinance. The
term "retail merchant" is further defined to mean~j~?any merchant who sells to others for
use only and not for resale.
(i) WHOLESALE MERCHANT. The term "wholesale merchant" shall include every person
engaged in the conduct of a business enumerated in Section 56 of this ordinance. The
term "wholesale merchant" is further defined to mean every merchant who sells to others
for resale only, or who sells to institutional, commercial or industrial users.
Section 2. Business.es, Etc.? Subject to Tax. Each and all of the taxes hereinafter
imposed are in all cases imposed upon the privilege of doing business or exercising a
profession, trade or occupation in the County, including all phases of the'bbusiness,
profession, trade or occupation conducted in the County.
As to businesses, profesaions, trades or occupations for which a gross receipt
license is levied on persons having a regularly established place of business in the
County~ all gross receipts derived from the business, profession~ trade or occupation
shall'be included in their licensing basis; provided, that in cases where their busi-
ness, profession, trade or occupation requires the performance of certain activities
without the County, and they become subject to and pay a licensing tax to a foreign
taxing Jurisdiction based on §ross receipts d~rived from activities conducted within a
foreigh~t~Eing jurisdiction they shall be permitted to deduct such gross receipts taxe~
by the foreign taxing jurisdiction in arriving at their licensing basis. In all cases
such deduction must first be included in their total gross receipts.
As to businesses, professions, trades or occupations for which gross receipts
license is levied, carried on or conducted only in part within the County limits of
the County by persons having no regularly established place of business therein, it is
the policy of the County to subject such persons to the same provisions, conditions and
rates the County are subjected to~ and, in such cases where only part of the business,
profession, trade or occupation is so conducted or carried on within the County, the
tax liability shall be measured by only that portion of the business, profession, trade,
occupation conducted or carried on within the County limits.
Section ~. Levyin~ of License Taxes. For each and every year beginning with May first
of each year and ending April thirtieth following, until otherwise changed, there are
hereby levied and there shall be collected the annual license taxes hereinafter set
forth in this ordinance, except as otherwise specifically provided in this ordinance,
on persons conducting or engaged in any business, profession~trad~or occupation in
the County hereinafter set forth in this ordinance, which license taxes shall be for the
support of the County government, the payment of the County debt, and for other County
purposes.
Sectio~ ~. Procedure for Obtaining License. Every person liable to the payment of a
license tax under the provisions of this ordinance shall make application therefor~in~
writing to the Director of Finance at his office in the County Office Building. The
Director of Finance shall furnish license application forms in triplicate, which forms
shall be properly and fully executed By the applicant, and shall contain such information
as may be required by the Director of Finance. In cases where the license tax is based
upon the gross receipts or gross expenditures of the business or occupation to be licensed,
the Director of Finance shall require a sworn statement from the applicant of the amount
of such gross receipts, except in the case of a beginner as hereinafter defined. The
Director of Finance shall assess such applicant, or other person of whom a license i~
required with the license tax required by this ordinance, and shall retain one copy of
the license application form~ furnishing the applicant with two copies of such form.
Upon payment of the required license tax to the Director Of Finance, the Director of
Finance shall receipt such payment upon each of the two copies of the license application
form~ retain one and furnish the remaining copy to the applicant. The Director of Finance
shall issue the license on the remaining copy of the application form, and shall furnish
the licensee with such tag, button or sign as may be appropriate for display as evidence
that a license has been issued.
Section ~. Apo!icants for Licenses ~o Give Certain Information. Every applicant for a
license to conduct any business, profession, trade or occupation under the provisions of
this ordinance, shall furnish the Director of Finance, in writing, with the correct name
and trade name, if any, of the applicant, the correct residence of the applicant, the
nature of the business, profession, trade or occupation ~o be pursued, and t~ place
where it is to be pursued.
S$ction 6. Each Place of Business to Have Separate License. No license shall be issued
under the terms of this ordinance to cover more than one place of business, and applicants
shall be required to take out s~erate licenses~Jfor each place of business in Wh~ich the
business, profession, trade or occupation to be licensed is pursued; provided, however,
464
3-~ ~-73
that if any applicant engaged in two or more businesses, professions, trades or
occupations all subject to the same rate, all measured by the same base, and all
carried on at the same place of business, he may obtain one license for all such busi-
nesses, professions~ trades or occupations, but all information for each, as herein other-
wise required~ shall be given and shall appear on the forms.
~ection 7. When License Taxes Payable~ ~enalties for Non-Payment. All license taxes
imposed by this ordinance, except as herein otherwise provided, shall become due and
payable on or before the thirty-first day of May of each year.
In all cases where the pe~s~ shall begin the business, profession, tra~e or
occupation upon which a' license tax is imposed under the provisions Of this ordinance at
any time during May or at any time after May thirty-first, such license tax shall become
due and payable at the time which such person shall commence business.
A penalty of ten percent, or two dollars, which ever is the greater, shall be added
to all license taxes imposed under the terms of this ordinance which are delinquent and
unpaid on the due dates thereof. A grace period of thirty days shall be allowed from the
date of beginning a business before the penalty of ten percent of tax is imposed.
Section 8. Persons Liable for License Tax to Keep Records.; R~Rort of Gross Rec&iots.
Every person liable for a license tax under this ordinance which is based on gross
receipts or gross expenditures shall keep all records and accounts necessary to compute
and to verify such gross receipts o~ gross expenditures, and the report of such gross
receipts or gross expenditure~ shall be taken from such records. All such records and
general books of account shall be open to inspection and examination by any authorized
representative of the County~ and shall be maintained for a period of three years.
Each licensee whose license is measured by gross receipts or gross expenditures
shall submit to the Director of Finance, not later than March thirty-first of each year,
a report of his gross receipts or gross expenditures for the preceding year.
In those cases in which the conduct of the business, profession, trade or occupation
involves operations subject to more than one rate or computed on more than one base, as
hereinafter set forth~ the licensee is hereby required to maintain separate accounts for
each such operation and shall be separately licensed for such operation; provided, how-
ever, that the licensee may elect to maintain a single account for all operations taxed
on gross receipts, in which case the entire business taxed on gross receipts shall be
computed at the highest rate applicable to any part of the busi~ss taxed on gmoss
receipts.
If any licensee shall fail to maintain the records required in this section, regu-
larly supported by customary vouchers~ the Director of Finance is hereby authorized and
directed to es~imate~the taxpayer's gross receipts or gross expenditures on the basis of
the best evidence he can obtain, and the Director of Finance shall make an assessment on
the basis of such determination.
Section 9.~ Licenses for Persons Be. ginning~Busi~ess~ Professions. Trade~o0¢8~pation. Etc.
Every person beginning a business,~profession, trade or occupation which is. subject to a
license tax under the provisions of this ordinance, and is based in whole or in part on
gross receipts or gross expenditures, shall estimate the amount of the gross receipts he
will receive~or the gross expenditures he will incur between the date of beginning
business and the end of the then current license year, and his license tax for the then
current year shall be computed on such ~stimate.
Whenever a license tax is so computed upon the estimated gross receipts or gross
expenditures, any erroneous estimate shall be subject toscorrection and the Director of
Finance shall assess such person with any additional license tax found to be due after
the end of that license year, and shall ~ the same time correct the estimate for the
then current license year, un~il a full .year of operation shall have been completed~ and
in case of an over estimate the taxpayer shall be entitled to a credit upon his license
tax payable the following year.
Section. 10. .Payment of License Tax by Corporatiqns~ P~rtnershios. etQ. When the Busi-
ness, precession, trade or occupation licensed is conducted by a corporation, partner-
ship or any individual and the license tax is imposed~3~upon the gross receipts or gross
expenditures thereof, the license tax shall be impm~ed upon the gross receipts of the
corporation, partnership or any individual and paid by it, and when so paid, and also
when paid by an individual employing persons who would otherwise be liable to a license
tax, it shall be deemed to discharge the license tax liability of the officers and
employees of such corporation and partners and employees of such partnership and of such
persons employed by an employer who would otherwise be liable to such license tax, insofar
as the business of such licensed corporation, partnership or employer is concerned. This
section shall not apply to "professional Qccupations".
46o
Section 11. Proration of Licenses. All license:~t'a~..es imposed under Article II of
this ordinance, except as otherwise therein specifically provided, shall be prorated
as follows: on licenses beginning on or after Au~ast first of each year, the amount
of the tax shall be three-fourths of the annual tax on such licenses; on licenses
beginning on and after November first the amount of the tax shall be one-half of the
annual tax on such licenses; on licenses beginning on and after February first the
amount of the tax shall be one-fourth of the annual tax on such licenses.
Section 1.2. Transfer of Licenses. Licenses issued under the provisions of Article III
of this ordinance, except as otherwise provided, ~ay be transferred f~om one location
to another; provided, that no such transfer shall be valid unless and until notice in
writing be given to the Director of Finance of the proposed transfer, which notice shall
contain the name, trade name, if any, and the address of the proposed transferee,~ the
proposed new location, if any, as well as the time of the proposed transfer; and the
Director of Finance may approve such transfer upon being satisfied of the good faith
thereof. Failure to notify the Director of Finance of the transfer of a license within
thirty days of such transfer shall invalidate such license and such invalidated license
shall not be subject to refund as provided by Section 17 of this ordinance.
It is specifically provided, however, that if the transferrer's license for the
current license year has been based on an estimate of gross receipts, or gross expendi-
tures, as provided in Section 1 (c) of this ordinance, that the transferrer shall reveal
his gross receipts or gross expenditures for the period he was ink'business during the
current license year and if the accumulation of gross receipts by transfer shall exceed
the original estimate the transferee shall be required to amend the license by an estimate
of the gross receipts or gross expenditures he will incur between the day of beginning
business and the end of the current license year.
Licenses issued under provisions of Article II shall not be transferred from one
person to another but may be transferred from one location to another within the County
of Albemarle.
Section 15. Compliance with Zoning Ordinance. The Director of Finance shall issue a
license for conducting any business, profession, trade or occupation at a location where
the conduct of such business, profession~ trade or occupation is not prohibited by the
zoning ordinance of the county.
All licenses issued shall be subject to verification to ascertain compliance with
the zoning ordinance of the county. Failure to comply shall be just cause for immediate
revocation of the license by the Director of Finance.
Section 1~. Minimum Tax Under Provisions of Article IIT. The amount of tax impgsed
under Article III of this ordinance shall in no event be less than ~wenty ($20.00)
dollars, unless otherwise provided herein.
Section 1~.. Display of Form. Taz~ Button or SiEn Issued in Evidence of License. Every
person required to obtain a license under the provisions of this ordinance shall keep the
~?~orm, tag, button or sign issued in evidence thereof as orescribed b the Director of
~-. ,~- . .... - . Y
-~'~!~nance ~n a convenient and conspicuous place., and whenever required to do so shall
:~..~.L~exhibit the same to any authorized enforcement off~c~of the County.
Whenever a me~al identification tag is issued by the Director of Finance in evidence
of payment of a license under any of the provisions of this 'ordinance, such metal tag
must be displayed by the applicant only on the rear of the vehicle in a conspicuous place.
Section 16. Assessment of License Taxes Found to be Due. If the Director of Finance
ascertains that any person has not been assessed with a license tax levied under the terms
of this ordinance for any license tax year of the three license tax years last past, and
the absence of such assessment was not due to the fraudulent intent to evade taxes on
the part of such person, it shall be the duty of the Director of Finance to assess such
person with the proper license tax for the year or years omitted, adding thereto the
penalty set forth i~ Section 7 of this ordinance. ~
Section 17. ... Certification of Erroneous Assessments: RefundsY The Director of Finance
is empowered to certify to the Department of Finance any instances of erroneous assess-
ments. Upon r~ceipt of such certificate approved by the Board of Supervisors. the Depart-
ment of Finance is directed to make a refund based upon the certification of the
Director of Finance.
Licenses issued under the provisions of Article III of this ordinance, except those
measured by other than gross receipts or gross expenditures, shall be subject to refund
where the licensee goes out of business before the endcof the current license year
subject to all of the following qualifications:
46-6
3-~ 5-73 .
($) License for the current license year must be based on gross
receipts or gross expenditures obtained throughout the preceding calendar or
fiscal year.
(2) The reason for going out of business is not connected in any manner
with the violation of any state law or local ordinance or of violation of any rules
or regulations made pursuant thereto.
(3) The amount of refund shall be determined in the following manner:
If the licensee goes out of business after May first and before August first~ the
refund shall be seventy-five (75%) ~er cent of the tax paid; if the licensee goes
out of business on or after August first and before November first~ the refund shall
be fifty (50%) per cent of the tax paid, and if the licensee goes out of business
on or after November first and before February first~ the refund shall be twenty-
five (25%) per cent of the tax paid~ but~ in no case shall the refund reduce the tax
below the minimum of twenty ($20.00) dollars provided in Section 1( of this ordinance.
(~) If any person seeking refund is indebted to the county or any
department or office thereof~ or is indebted to any state constitutional office of
the county for a local levy~ the refund~ or so much thereof as is necessary~ shall
first be applied to 'such indebtedness.
Refunds based on licensee going out of business shall:"be made in the same
manner as herein provided for erroneous assessments.
Section 18. Assessment and Payment of Additional License Tax Found To Be Due. If
the Director of Finance ascertains that any person who has been assessed with a
license tax levied under the provisions of this ordinance for any license tax year
of the three license tax years last pasty or for the then current license tax year~
but upon a correct audit and the computation of the license tax the assessment
thereof should be in an increased amount~ and the assessment of the license tax at
the lesser amount was not due to fraudulent intent or to evade ta×es~ then the
Director of Finance shall assess the taxpayer with the additional license tax found
to be due~ without penalty~ and shall furnish written notice thereof to the taxpayer
and at the same time shall transmit a copy of the assessment notice to the Department
of Finance for collection. If the assessment of the additional license tax be not
paid to the Director of Finance within fifteen days after written notice to the
taxpayer of such additional as~essment~ penalty at the rate of ten (IO%) per cent
per annum shall accrue from the date of the notice until payment and the Director of
Finance shall collect such penalty along with the tax and in the same manner as the
tax may be collected. Any overpayment of license taxes imposed under the terms of
this ordinance shall be credited to the amount of license tax due the following year
or shall be refunded in case the licensee $oes not engage in a business~ profession,
trade or occupation subject to license by the county the following year..
Section 19. Assessment in Case of Fraudulent Intent to Evade License Taxes. If the
Director of Finance ascertains that any person has fraudulently~ or with intent to
evade the payment of proper license taxes~ failed or refused to bbtain a proper
license as required by the provisions of this ordinance~ for any one or more of the
three license tax years last past~ or f~r the then current license tax year~ and
the liability therefor is ascertained~ such omitted or additional license tax and
the normal penalty hereinbefore prescribed shall be assessed for each and every year
of the three license tax years last past ~nd for the current license tax year~ for
which he was assessable, ~together with an additional penalty thereon of fifty (~0%)
per cent of such uBpaid license tax: and failure to obtain such license as is
required by the provisions of this ordinance shall be taken as prima-facie evidence
of intent to evade such taxes.
Section 20. License as Personal PrivileEe. Every license issued under the pro-
visions of this ordinan~?~hall be deemed to confer a personal privilege to transact~
carry on or conduct the bUsiness~ profession~ trade or occupation which may be the
subject of the licenser and shall not be exercised except by the persons licensed.
Section 21. Licenses Required: Compliance With 0rdin~nce: Penalty For Violation
of Ordinance. It shall be unlawful and constitute a misdemeanor for any person to
conduct a business or to engage in a profession~ trade or occupation before procuring
a license as required under the provisions of this ordinance. It shall also be
unlawful and constitute a misdemeanor for any person to violate any of the provisions
of this ordinance. Any person who is convicted for failing to procure a license as '-~
required~ or convicted of a violation of any of the provisions of this ordinance shall~
except where some other penalty is specifically provided~.be~punished by a fine not
to exceed three hundred dollars or by imprisonment in the County Jail for a period
of ~thirty days, or both. Each day any person shall continue to violate the pro-
visions of this ordinance after the due date of any license tax prescribed in this
ordinance shall constitute a separate offense.
3-1
467
Section 22,,° Enforcement of Ordinance. In the enforcement of the provisions of this
ordinance the Director of Finance of the County, in addition to the powers herein
specifically granted, shall have all and the same enforcement authority with respect
to county licenses that state law confers upon ~irectors of finance generally with
respect to state licenses. As one of the means of ascertaining the amount of any
license tax due under the provisions of this ordinance, or of ascertaining any other
pertinent information, the Director of Finance may propound interrogatories to each
applicant and may use such other evidence as he may procure. Such interrogatories
shall be answered under oath, and it shall be unlawful for any applicant for a county
license to refuse to answer any such interrogatories.
The Director of Finance of the Gounty and assistants :shall have such duties,
authority and power with respect to the enforcement of the provisions of this ordinance
as may be conferred by the Board of Supervisors.
The Director of Finance or his duly qualified assistants shall have the power to
summon any person by registered letter or otherwise to appear before him at his office
at a time to be specified in such summons and to answer, under oath~ questions touching
such taxpayer's license tax liability. Failure to answer such summons without good
cause or failing or refusing to answer~ under oath, questions touching their tax
liability shall be a misdemeanor and punishable as provided by Section 21 of this
ordinance.
The Director of Finance or his duly qualified assistants~ after the hereinabove
set out powers of enforcement have been exhausted, shall have the added power to pro-
ceed by warrant to enforce compliance with the provisions of this chapter.
ARTICLE II. SPECIAL LICENSE PROVISIONS
Section 23. Aerated or Drinking Water. Manufacturers of aerated water andfor water
otherwise processed for drinking shall pay for the privilege of doing business in the
county an annual license tax of fifty ($50.00) dollars.
Section 2~. Agricultural Fair~, For every license to operate an agricultural fair in
the county for the benefit of the inhabitants of the county and surrounding territory,
and operated for profit to the owners and stockholders thereof, there shall be paid a
license tax of twenty-five ($25.00) dollars for each day such fair is held.
(b)
(c)
(d)
(e)
per annum;
(f)
'Section 25. Alcoholic Beverages. .
(a) For each distiller's license, o~e thousand ($1,000) dollars perrannum; no such
local license shall be required for any person who shall manufacture not more than five
thousand gallons of alcohol or spirits or both during such license year;
For each winery license, one thousand ($1,000.00) dollars per annum;
For each brewery license, one thousand ($i,000.00) dollars per annum;
For each bottler's license, five hundred ($500.00) dollars per annum;
For each wholesale beer license, in the county, seventy-five ($75.00) dollars,
For ea. ch wholesale wine distributor's license, fifty
($15o.oo3 dollars per annum,
and for each wholesale druggis~ license, ten ($10.00) dollars per annum;
(g)
For each retail on-premises wine and beer license for a hotel, .restaurant or
each retail off-premises wine and beer license ~n the county, thirty-
and fifty cents ($37.50), per annum;
(h) ~9r each retail on-premises beer license for a hotel, restaurant or Dtub~ for
each; retail off-premises beer liD.ense~ and.for each druggist license in the county,
twenty-five ($2~.00) dollars, per annum;
(i)
(j)
(k)
For each banquet llc.ens~, five ($~.00) dollars;
For each fruit distiller's license, five hundred ($~00.00) dollars, per annum;
In addition to the foregoing for each license issued to a hotel, restaurant
of Club for the sale of mixed alcoholic beverages, as defined in Code of Virginia~ 1950~
and acts amendatory thereto, the tax shall be two hundred ($200.00) per annum for areas
seating fifty (50) to one hundred (100) persons; three hundred f£fty ($3~0.00) dollars
per annum for area seating one hundred (100) to one hundred and fifty (1~0) persons;
five hundred ($500.00) dollars per annum for area seating more than one hundred f£fty
(150) persons and three-hundred fifty ($350.00) dollars per annum for non-profit clubs.
~henever the word "beer" is used in this section it shall be construed to include
porter, ale, stout and other malt beverages, but not vinous beverages.
No license shall be issued to any person under the orovisions of this section unless
the applicant therefor holds at the same time, or simult~n~eously procures, a state license
from the Alcoholic Beverage Control Board.
All dining rooms~ restaurants, lunch rooms and club rooms, wherein the beverages
Refined in this section are ~old for consumption on the premises, shall at all times be
open to inspection by the state police and the police authorities of the county. Any
store room or ~ther building from which deliveries are made either at wholesale or retail
by bottlers, wholesalers or retailers shall at all times be open to the inspection of
state police and the police authorities of the county.
Any violation of the terms of this provision shall be sufficient grounds for the
revocation of the license issued in accordance with this section,
Section 26. Bail Bonds. For every license for persons furnishing bail bonds for cash~or
bye7 other method~ and ma~ing a charge therefor~t~ere shall be paid a license tax of
one hundred fifty ($1~0.00) dollars per annum, which shall not be prorated or transferred.
No license shall be issued until the proposed licensee shall have first obtained a
certificate from the Albemarle County Circuit Court.
Section 27- Billposters or Distributors. For every billposter license there shall be
a license tax of fifty ($~0o00) dollars per annum~ not proratable or transferrable. All
persons who post or distribute notices~ bills, labels, etc., for compensation shall be
deemed to be billposters; provided~ however, that persons advertising goods to be sold
and delivered by merchants doing business in the county shall not be deemed to be bill-
posters.
Section 28. Boardinghouses and Lqdg%nghouses. Persons operating boardinghouses, tourist
homes and lodgi~ouses in the county, renting in excess of three rooms up to and in-
cluding ten rooms, shall pay for the privilege an annual license tax of five ($~.00)
dollars~ which license shall include the privilege of serving meals to such regular
roomers. If meals are served or offered to the public at large, however, a restaurant
license shall be obtained under the provisions of Article III of this ordinance.
Section g~. Buyers of Gold and Silver. Every buyer of gold and silver shall pay for
the privilege of doing business in the county an annual license tax of twenty-five ($2~.00)
dollars; provided~ however, that this license tax shall not apply to licensed ~ewel~y
merchants purchasing old gold and silver at their place of business.
Section 30. Camp Sites. Every person operating a recreational camp park in the county
shall pay for the privilege an annual license tax of one ($1.00) dollar for each camp
area in the camp site.
Section 31. Dance Halls. Every person operating a damee hall shall pay an annual
license tax of one hundred ($100.00) dollars; provided, however, that social organizations,
fraternities, benevolent orders~ religious~ educational, public~ private and parochial
schools~ civic or military organizations and chartered clubs which hold dances in
buildings regularly occupied by them may pay in lieu of the above, a tax of ten ($10.00)
dollars per annum~ payable in advance.
A dance hall within the meaning of this section shall be construed to mean any place
where dancing is permitted to which an admission fee is charged or for which compensation
is in any manner received either directly or indirectly by cover charge or otherwise,
or where refreshments or food or any form of merchandise are served for compensation before~_~
during or after dancing. The sale of any refreshment~ food or any form oD merchandise at
any such place or the~:exhibiting of such for sale shall be deemed direct compensation for
any such dance hall within the meaning of this section.
Before any such license ahall be issued by the director of finance, he shall require
that proof be presented before him that the applicant has procured a permit as required
by Section 18.1-3~0 and 18.1-3~1 of the Code of Virginia.
Provided, however~ that social organizations~ fraternities~ benevolent orders, ~
religious, educational, civic or military organi~ations~ and chartered clubs desiring to
have or hold a dance where an admission fee is charged or for which compensation is in any.
manner received, and all such fees or compensation from the daneeoo~er actual expenses are
devoted to and used for religious~ charitable or civic purposes~ may apply to the director
of finance for a permit and exemption of taxes under this section. The director of finance
shall prepare a questionnaire~ setting forth such questions and require the furnishing of
such proof as he may deem proper~ which the applicant for such permit shall answer under
oath. Upon being satisE~ed as to the character and nature of the applicant and that the
3-1 5-73
46:9
proceeds over actual expenses are to be devoted to and used for religious, charitable
or civic purposes, the director of finance shall issue a permit for such dance and shall
abate the license tax required by this section.
The director of finance shall immediately notify the sheriff in writing of the
issuance of any license or exemption permit issued under this section.
Section 52. Detectives and Watchmen. All detective agencies or persons providing
private detective or watchman services in the county shall pay for the privilege an
annual license tax of twenty-five ($2~o00) dollars where not more than two persons are
engaged in providing such ~ervices, and five ($~.00) dollars for each additional person
engaged in such services in excess of two.
Each person engaged in detective work or work as a watchman shall be registered by
name and address with the sheriff.
Section BB. Itinerant Venders. All Persons bringing to and exhibiting for sale to
consumers at retail in the county in trucks, in temporary places or fixed places of sale,
goods or merchandise of any Character as bankrupt, consigne~ trustee, railroad
wreck, fire, slaughter stock, leftover, exposition stock, or stock ~f like character~
and all itinerant venders .doing business in the county, shall pay for the privilege a
license tax of twenty-five ($2~.00) dollars Ret wee~, and no license shall be issued
under this section for a fraction of a week.
"Itinerant venders" as used in this ordinance shall be construed to mean and include
all persons, whether priacipal, agent or salesman, who engage in temporary or transient
business in the county in one or more places, and who for the purpose of carrying on
such business, hire, lease or occupy any building, structure, truck or otherDplace for
the exhiblBi~nL~or sale of such goods or merchandise.
~e.ction 3~. Junk and Secondhand Dealers and Canvassers. Every person trading in any
kind of secondhand articles, junk, old metal, rags or other like commodities shall pay
for the privilege an annual license tax of fifty ($~0.00) dollars, and the director of
finance shall notify the sheriff of the issuance of such license.
Section 3~. Labor Agents. Every labor agent, as defined in Section 58-38¥, Code of
Virginia, 19~0, shall pay for the privilege of doing business in the county an annual
license tax of two hundred fifty ($2~0.00) dollars.
Section ~6. Lightning Rod Agents. Every lightning rod agent selling andfor installing
lightnin~ rods in the county shall pay for the privilege an annual license tax of twenty-
five ($25.00) dollars.
Section ~7.- Loan Agencies. Every small loan company as defined in Section 6ol-2~9,
Code of Virginia, 19~0, shall pay an annual license tax of two hundred ($2OO.00) dollars,
which tax shall not be proDated.
Section ~8. Pawnbrokers. Every person doing business as a pawnbroker, as defined by
Section 5~-8g0, Code of Virginia, 19~0, shall pay for the privilege an annual license
tax of two hundred fifty ($2~0.00) dollars. The director of finance shall not issue'
licenses under this section for the operation of more than ten pawnbroking establish-
ments. This tax shall not be prorated. The director of finance shall notify the sheriff
of each such license issued.
Section ~9- Peddlers-Generally. Any person who shall carry from place to place, any
goods, wares or merchandise, and offer to sell or barter the same, or actually sell or
barter the same, shall be deemed to be a peddler, and any person licensed as a peddler
may sell any personal property a merchant may sell, or he may exchange the same for other
articles.
All persons who do no keep a regular place of business (whether it be a house or a
vacant lot, or elsewhere), open at all times in regular business hou=s and at the same
place, who shall offer for sale goods, wares and merchandise, shall be deemed peddlers
~under this section.
This section shall not apply to those who sell or offer for sale in person or by
their employees, ice, wood, meats, milk, butter, eggs, poultry, fish, oysters, game,
vegetables, Fruits, or other family supplies of a perishable nature grown or produced by
them and not purchaaeRiby them for sale, provided, that nothing contained herein shall'~
exempt dealers in ice, wood or coal who peddle the same from vehicles which do not bear
Virginia motor vehicle license plates.
For the privilege of peddling or bartering in this county, there shall be paid
two hundred and fifty dollars ($250.00) for each person so engaged when he travels on
foot, and when he peddles otherwise than on foot, the tax paid shall be five hundred
dollars ($500.00), except that the tax on peddlers of ice, wood or coal, not produced
by them, but purchased for resale, shall be twenty-five dollars ($25.00) for each
vehicle used in such peddling; except that the tax on peddlers of lemonade or like
beverages, ice cream, nuts, popcorn, meat, milk, butter, eggs, poultry, fish,
oysters, game, vegetables, fruits, sandwiches and soups or other family supplies of
a perishable nature not grown or produced by them shall be thirty-seven dollars and
fifty cents ($3?.50) for each vehicle used in peddling; except that the tax on ped-
dlers of family supplies of a perishable nature not ~own or produced by them and
groceries generally, including such articles as are customarily sold in grocery
stores other than alcoholic beverages, shall be one hundred and fifty dollars ~$150.00)
for each vehicle used in such peddling.
Licenses issued under this section shall not be transferable, nor shall the tax
be subject to proration.
Eve~y~i~ehicle used in peddling as aforesaid shall have conspicuously displayed
thereon the name of the peddler using the same, together with the street and number
of his residence, if he resides in any city or town.
Nothing in this section shall be construed to require of any farmer, a peddlers'
license for the privilege of selling or peddling farm products or wood produced by
him.
No person exempt from the provisions of this section shall peddle or barter in
this county without first making application to the Director of Finance for a ~itten
permit. The Director of Finance shall prepare a questionnaire setting forth such
questions and the furnishing of such proof as he may deem proper, which the applicant
for such permit shall answer under oath. Such written permit, upon issuance, shall
be carried by the applicant at all times tD~t he is operating in the county, and it
shall be exhibited to any authorized enforcement officer. Failnre to exhibit such
written permit issued by the Director of Finance shall be sufficient grounds for
charging the person with a violation of this section.
Section .29.. 1 .. Same-Venders o.f Medicines? Perfume~s? Salves~. Etc. Any person selling
or offering to sell medicines, perik~es, salves, or liniments not having a regular
place of business in Albemarle County but who sells or offers to sell from house to
house, shall pay a license tax of twenty-five dollars ($25.00) per annum, which tax
shall not be prorated. No such license shall be transferred or assigned.
Excepting, however, no license tax shall be required to be paid by any person
under this section and preceding section whose ~gross sale,s" shall be five ht~udred
dollars ($500.00) or less but such person shall be required to report such sales to
the Director of Finance who will issue a certificate exemption to such person.
Section _.4.0. ..Se.llin~ to Licensed Dealers or l~etailers. There is hereby imposed an
annual license tax ~n every person (other than a distributor and/or vender of motor
vehicle fuels and petroleum products, seafeed, a farmer, a dealer in forest products,
~ucer of agricultural products or a manufacturer taxable on capital by this
~te) who or which shall Deddle goods, w~res or merchandise by selling and delivering
same at~t~e same time to licensed dealers or retailers at other than a definite
of business operated by the seller; provided, however, that the foregoing exemp-
tion of a manufacturer, taxable on capital by the state shall be construed as ~e-
stricted to a manufacturer taxable on capital by this state who peddles the goods,
wares or merchandise manufactured by him at a plant the capital of which is taxable
by this state, and who peddles no other goods, wares or merchandise; provided further,
that this section shall not be construed to apply to wholesale dealers regularly
licensed by this county, and who shall at the same time sell and deliver merchandise
to retail merchants.
The annual license tax hereby imposed, as aforesaid, on every such person peddling
as aforesaid is in the sum of one hundred dollars ($100.00) for each vehicle used in
such business, and the license shall not be issued quarterly, nor shall it be trans-
ferable, nor shall the tax be subject to proration.
Every vehicle used by any licensee under this section shall have conspicuously
displayed thereon the name of the person using the same, with the post office address
of the licensee, and the license required by this section shall be conspicuously dis-
played on each vehicle ~whiIe ~used~in 'sudh~ ~bu~siness.
A peddler, within the meaning of this section, is any person who or which, at
other than a definite place of business operated by the seller, shall sell or offer
to sell, goods, wares, or merchandise, to licensed dealers or retailers, and at the
time of such sale or exposure for sale, shall deliver or offer to deliver, the goods,
wares, or merchandise to the buyer, and any delivery made on the day of sale shall be
construed as equivalent to delivery at the time of sale.
2~ery person claiming exemption from the provisions of this section on the ground
that he or it is delivering goods, wares, or merchandise previously sold to the cus-
tomer shall, upon request of any police, tax or revenue officer, furnish evidence of
his or its claim other than his or its mere statement, which evidence may be an
invoice or signed order describing the goods, wares or merchandise involved, and the
amount and price thereof, and failure to furnish such evidence shall be sufficient
ground for charging the person operating the vehicle with a violation of this section,
and in any prosecution for violation of this section, the claim aforesaid must be
corroborated by satisfactory evidence.
Any person claiming exemption from the provisions of this section on the basis
that they are a distributor an~/or vendor of motor vehicle fuels and petroleum
products, seafood, a farmer, a dealer in forest products, a producer of agricultural
products of a manufacturer taxable on capital by this state, shall furnish on request
of the Director of Finance a written statement, duly notarized, setting out in detail
the facts claimed to justify their exemption. No exemption shall be granted under
the provisions of this section until the written statement duly notarized has been
produced and filed, and the Director of ~lnance has satisfied himself as to the pro-
priety and legality of the averments contained therein.
S~.ction ,,&,l. Piano Tuners. Every person engaged in the tuning of pianos in the
county shall pay for the privilege an anmual license taxoof ten dollars ($10.00),
which license tax shall not be prorated.
Sec. tion 42. Pis.tol.D.ea%er.s. Every person selling pistols, shotguns, rifles, switch-
blade knives or dirks in the county shall pay for the privilege an annual license tax
of twenty-five dollars ($2~.00), which tax shall not be prorated nor transferable.
Section 4~. l~ifle Ranges. Shootin~ Ga%%~y%es, Etc. Any person operating a rifle
or shot gun range, shooting gallery, ball throwing game or other like amusement for
ersonal gain shall pay for the privilege an annual license tax of twenty-five dollars
$2~.00), which tax shall not be prorated. Private and non-profit gun Qlubs shall be
exempt from obtaining this license.
Section 44. ,, SiMhtseeing C~rriers .and Eot. or Vehicle Transporation..of Per. sons. Every
person engaging in the business of transporting persons from one point to another
point within the County of Albemarle for the purpose of sightseeing or for any other
purpose, shall pay an annual license tax of fifty dollars [$50.00) for each vehicle
with carrying capacity of less than eight passengers.
This section shall not be construed as applying to 'those persons licensed under
Sections 47 and ~3 of this ordinance, nor shall this section be construed as applying
to a s~ecial or chartered party consisting of a group transportation or passengers
under a sing%e contract made with one person for an agreed charge for s~ch movement
regardless of the number of passengers transported and in connection with which trans-
portation, no individual or separate fares are solicited, charged~ collected or re-
ceived by the carrier, or for carpools transporting employees to place of work when a
charge is made.
Section 45. Slot Eachines-G. enerally. Any person, whether owner, lessor, or agent,
having anywhere in this county a coin operated machine of any description into v~nich
are inserted nickels or coins of larger denomination to dispose of articles of mer-
chandise or for the purpose of operating devices that operate on the coin-in-the-Slot
principle, used for gain, except as a pay telephone, shall pay for every such coin
ooerated machine or device as the case may be, a license tax of twenty-five dollars
($2~.00) per annum; except that:
(1) For coin operated amusement devices designed to operate by the insertion of
nickels, or coins of larger denomination and in the operation in which there is the
game of skill, there is hereby levied a license tax of' twenty-five dollars (j25.00)
per annum for each machine;
(2) For each coin operated musical machine or musical device that operates on
the coin-in-the-slot principle, .~here~i~ ~z~by!~e~ a license tax of fi~e dollars
($~.00) per annum for each such musical machine or musical device;
(~) For such coin operated machines as are use& solely for the sale of agricul-
tural products, soft drinks, ~offe~, tea or other beverage, there is hereby levied a
license tax of five dollars ($~.00) per annum for each such machine;
(4) For such coin operated machine vending edible products operated on the
Premises of any person conducting any other lawful business, there is hereby levied a
47-2
license tax of five dollars ($5.00) per munum for each such machine;
(5) For coin operated machines operated on the premises for which a tobacco
retailer's license has been obtained and used solely for the sale of cigarettes and
cigars, there is hereby levied a license tax of five dollars per annum for each
machine;
(6) For weighing machines and machines used solely for the purpose of selling
shoe strings, chewing ghnn, or postage stamps there is hereby levied a license tax of
one dollar ($t.00) per annum for each machine;
(7) For each coin operated vibrating or massaging bed there is hereby levied
a license tax of one dollar ($1.00) per annum for each such machine.
(8) For each bending machine locat ed on the premises of a self-service Iaundry
and used to vend soap or detergents, there is hereby levied a license tax of two dollars
($2.00) per annum; provided that nothing contained in this section shall be construed
as permitting any such person to keep, maintain, exhibit or operate any coin operated
machine or other device, the operation of which is prohibited by law. This section
shall not apply to coin operated machines that are used solely for the purpose of
selling individual sanitary drinking cups mud natural water or to machines vending
sanitary napkins or to machines for washing, drying or ironing articles of clothing
and other fabrics, or to coin operated machines for the delivery of newpapers.
The Director of Finance may prepare and furnish to the licensee stickers which,
when sig~ued by the Director of Finance issuing any license, shall evidence the payment
of the license tax, and it shall be the duty of every licensee to whom any such sticker
is issued by the Director of Finance to attach the same to the machine covered thereby
and to keep the same so attached throughout the license period. The form of the
stickers aforesaid shall be prescribed by the Director.,. ~'~
This section ~all not apply~ to any machine upon which the license tax is paid
under the provisions of Section 60 of this ordinance.
Notwithstanding the provisions of Section ~1, the tax on any machine which is
ten dollars ($10.00~ or less shall not be prorated.
Begularly licensed retail merchants paying retail merchants license tax on their
sales at retail shall not be required to have any separate vending machine license on
such coin operated machines which are located on the premises of the licensed merchant's
retail place of ~siness when such machines are wholly owned by the said retail
merchant, but such vending machine's gross receipts shall be included in the gross
receipts of such business.
Section 45.1. Same-Coin ~aqhine Ooerators.~ Every person owning, selling, leasing,
renting or otherwise furnishing a coin operated machine or device operated on the
coin-in-the-slot principle, or placing such a machine or device with others shall be
deemed to be a coin machine operator. Every such operator as herein defined shall pay
for the privilege an annual license tax of one hundred dollars ($100.00). The license
tax imposed by this section is not in lieu of, but is in addition to other license
taxes imposed by Section 4~ of this ordinance.
Every operator who is required by this section to take out a license as a coin
machine operator shall furnish a complete list of all machines on location and the
names and addresses of each location to the Director of Finance. S~ch report shall
list machines and the names and addresses of each location as of Eay 1 st, August 1st,
November 1 st and February 1st of each license year and such reports shall be furnished
to the Director of Finance within ten days aft.er each of the aforesaid dates.
The coin machine operator's license tax levied by this section shall not be appli-
cable to operators of weighing machines, automatic baggage or parcel checking machines
or receptacles, nor to coin operated macD~ines which are so constructed as to do nothing
but vend merchandise or pestage stamps ore.provide service only, nor to operators of
coin operated musical machines or musical devices that operate on the coin-in-the-slot
principle, nor to operators of viewing machines or photomat machines, nor to operators
of devices or machines affording rides to children or for the delivery of newspapers.
~ectio~n:..:.46¢... Build~ or S~v. inMs and Loan .Associations._ EVery building or savings ami
loan association having its principal office in the county shall, p. ay for the privilege
of doing business an annual license tax of fifty dollars ($~0.00)
~ection 47. Taxicab Operators. Every person having a definite place of business
or offices in the county or who shall conduct therein principal and essential acts
incident to a business of operating automobiles, trucks or other powered vehicles over
the public streets and highways of the cou_uty, not over fixed routes or upon established
schedules, for the transport of passengers, parcels or baggage, shall pay for the
privilege an ~nual license tax of ten dollars ($10.00) for each vehicle.
473
.~Section 48.. Tourist CabJ_ns~ Hotels~ Motels and Eoto.r Courts. Each person conduct-
ing a hotel, motor court, motel or tourist cabin and maintaining for rental, shall
ay for the first room a license tax of ten dollars ($10.00) plus five dollars
$5.00) per additional room plus twenty cents (20~) oer one hundred dollars ($100.00)
on gross receipts in excess of two thousand dollars ~'$2,000.00).
A license under the above shall not convey the privilege of operating a dining
room or other eating place.
Sect~Qn 49~ W~l .si~.~. and Billboards. Ail persons engaged in the business of wall
signs or billboards painting or posting, or the rental of space or such facilities
for such wall signs or billboards shall pay for the privilege an amu~ua! license tax
~of ten dollars (~10.00) for the first sign, and five dollars ($~.00) for each addi-
tional sign. The Director of Finance shall issue no license under the provisions of
this section unless the applicant shall present a certificate in writing from the
office of the Planning Department of Albemarle County stating that the location of
such wall signs or billboards is in conformity with zoning regulations.
S~ection 50. Non. resident..Laundries aud Dry Cleaners. Every person (other than a
laundry 'or dry cleaning establis~t located in the county paying dry cleaning or
laundry tax in the county) engaged in soliciting and/or accepting clothing, rungs or
other fabrics to be cleaned, laundered, dyed or pressed for compensation, and/or
delivering clothing, rugs or other fabrics which have been cleaned, laundered, dyed
or pressed for compensation where such person does the actual laund~y or dry cleaning
work outside the county or has any part of the dry cleaning, laundry or finishing
work done outside of the county, shall pay two hundred dollars ($200.00) per annum,
not prorated. For the purposes of this Section, the City of Charlottesville ~hall be
considere~ t0!beI outside of,Albemarle County.
ARTICLE III. CLASSIFIED BUSIk~ESS AND OCCUPATIONAL LICENSE PROVISIONS
Section ~1. Pr.ofessiona.1..Occupations. Every person conducting or engaging in one
or more of the following professional occ~upat~ions shall pay for the privilege an ,
annual license tax of seventy-five cents (?~) for each one hundred dollars ($100.00)
of gross receipts, from the occupation during the preceding fiscal or calendar year.
The minimum annual license tax shall be twenty-five dollars ($25.00).
Notwithstanding the provisions of Section 10 it is the intent of this section to
tax individually those persons practicing a profession who are members of a partner-
ship or firm. In such aases, individually, "gross receipts" shall be measured and the
tax computed in the proportion that members of the partnership or firm share in the
partnership or firm total "gross receipts".
An Accountant, public
Au Accountant, certified public
An Actuary
Au Advertising Agent or Firm
An Air Conditioning Engineer
An Analytical or Engineering Service
An Appraiser or Evaluator of Personal Property for Others for
Compensation
An Architect, Building Designer, Landscaper
An Artist
An Assayer
Au Atomic' Energy Consultant
Au Attorney At Law
Au Auctioneer, all types
An Auditing Company or Firm
A Broker, any type other than pawnbroker and loan broker listed
el sewhere.
A Blue Printer
A Bookkeeper, public
A Bus~uess Chance broker
A Business Consultant
A Business and Financial Counselor
A Business Operations Eanagement
A Chemical Engineer
A Chemi st
A Chiropodist
A Chiropractor
A Civil Engineer
A Collection Agent or Agency
A Commercial Inventory and Valuation Service
A Commission Eerchant
A Common Crier
~ 3-!5-73
474
A Consulting Engineer
A Contracting Engineer
A Debt Refinancing Company Or Firm
A Denti st
A Doctor of Eedicine
An Economic and Social Science Research Service
An Electrical Engineer
An Electronie and Physical Science Research Service
A Furnisher of Domestic or Clerical Help, Labor or Employment
A Homeopa thi st
An Industrial Engineer
An Insurance Claim Adjustor
Au Interior Decorating Consultant
An Investment Advisory Service
A Labor Relations Consultant .
A Land Agent, Rental Agent
A Lumber ~easurer
A Nanagement Engineer
A Nanufacturer' s Agent
A Earketing Research Analyst
A Eercantile Agent or Agency
A Nechanical Engineer
A ~eta llurgi st
A Eining Engineer
A Naturopathi st
A Neurologist
Au Oculist
~'~ Operations Analyst
An Optometrist or Optician
An 0rthodonist
Au Osteopath
An Order Taker - Excepting, however, no license tax shall be
required to be paid by any person who is an order taker
under Section 51. whose "gross sales" shall be five hundred
dollars ($500.00) or less but such person shall be required
to report such sales to the Director of Finance who will
issue a certificate exemption to such person.
A Patent Attorney or Patent Agent
A Physician
A Physiotherapi st
A Psychologi st
A PsYchiatri st
A Public Relations Counselor
A Public Stenographer
A Publicity Service, furnisher of, booking agent, concert manager
A Radio Engineer
A Recorder of Proceedings ~ Any Court, Commission or Other
Organization
A l~efrigeration Engineer
A Sales Agent or Agency
A Scientific Research and Development Service
A Sculptor
A Sktrveyor
A Surgeon
A Tax Consultant
A Title Abstract Company
A Transportation Consultant
An Undertaker, Embalmer
A Veterinarian
Other Professional Occupations
S..ection ,,~,2..,,, Personal Service 0ccuoations. Every person conducting or engaging in
any of the following personal service occupations, businesses .or trades, shall D~y for
the privilege an annual license tax of twenty cents (20~) for each one hundred dollars
($100.00) of gross receipts as hereinabove defined, from the occupation during the pre-
ceding fiscal or calendar year; the minimum annual license tax shall be twenty dollars
($20,00),,
(a)
The business of operating:
A Barber Shop
A Beauty Parlor
A Chartered Club. Licensee hereunder may without additional
license operate service of retail merchant and restaurant.
Chartered Club shall mean any non-profit corporation or association which is the
owner, lessee or occupant of an establishment operated solely for objects of a national,
social, patriotic, political or athletic nature or the like, but not for pecuniary gain,
the advantages of which belong to all the members. It also shall mean the establishment
so operated.
A Hair Dressing Establishment
A Turkish, l~oman or Other Like Bath or Bath Parlor
(b) The business of:
Addressing Letters or Envelopes
Cleaning Chimneys, l~rnaces
A Clinical Laboratory
A Correspondent Establishment or Bureau
A Day Nursery (other than foster home)
Furnishing Clean Diapers
Furnishing House Ci~aning Service
Furnishing Janitor Service
Furnishing Labor Services
Furnishing Messenger Service, except telephone or
telegraph messenger service
Furnishing Statistical Service
A Nurses l~egi stry
A Nursing or Convalescent Home
Operating a Kennel. or Small Animal Hos3~itat
Operating a Scalp Treating Establishment
A Photographer
A Physician ,_s B~egis~try
Picture Framing or Gilding
A Press Clipping Service
Private School (other than religious and non-prOfit)
Renting Any Kind of Tangible Personal Property
t~enting or Furnishing Automatic Washing
I~ug Cleaning
A Secretarial Service
'Supplying Clean Linen, Coats, Aprons, Towels
Telephone Answering Service
A Vehicle Title Service
Other Personal Service Occupations
Se¢~ti. on 5~.. Business .Servic~ 0ccuoations. Every person conducting or engaging in
any of the following business service occupations, businesses or trades shall pay for
the privilege an annual license tax of twenty cents (20~) for each one hundred dollars
($100.00) gross receipts, as hereinabove defined, from the occupation during the pre-
eding ~fiscal or calendar year; the minimum annual license tax shall be twenty dollars
$2o.oo .
A Drafting Service
Erecting, Installing, l~emoving, Storing Awnings
~¥eight Traffic Bureau or Agency
Computer Service Operated for Compensation
Hauling or Transfer, not in connection with taxicab business
Job Printer, Printing Shop, Bookbinding, Duplicating Process
A Laundering, Cleaning, Pressing, or Dyeirg Establishment
Packing, Crating, Shipping, Hauling or Noving Goods or Chattels
for other s
Parking Lots
A Protective Agent or Agency
Public Garage
l~enting Airplanes
Benting Bicycle s
Btorage, all types
A Tabulating Service
Title Insurance Company
U-Drive-It Firm or Business
Vehicular Advertising, Electric Advertising, Bus Advertising,
Commercial Adverti sing
Other Business Service Occupations
Section ~4. Beoair Servi0e Occupations. Every person conducting or engaging in any
of Me following repair service occupations, businesses, or trades, shall pay for the.
privilege an annual license tax of twenty cents for each one hundred dollars ($100.00)
of gross receipts, as hereinabove defined, from the occupation during the preceding
fiscal or calendar year; the minimum annual license tax shall be twenty dollars ($20.00).
Airplane Bepair
Auto l~epair, Engine !~epair of any type
Bicycle t~ epair
Business and Office Machines Bepair
Clothes, Hats, Carpets or l~ugs, t~epair of
~}arniture, Upholstering, ~-epair of
47o
Gtuusmith, Gun Repairing
Locksmith
Machine Shop, Boiler Shop
Mattresses, Repair of
Nickel and C.hrome Plating
Paint Shop, other than'~contractor
Radio, Television, Refrigerators, Electrical Appliances,
Home Appliances, Repair of
R eweaving
Road Machines, Farm Machiner~,'RePair of
Saws, Tools, Repair of
Scales, Repair of
Shades, Repair of
Shoe Repair
Tire Repair
Umbrellas, Harness, Leather Goods, Repair of
Washing, Waxing, Auto--Cleaning of Automobiles
'Watches, Clocks, Repair of
~Velding Shop
Other Repair Services Not Otherwise ~axed
Sect~ion 55. Retail Mer~ Every Person conducting or engaging in any of the
following retail merchant occupations, businesses or trades shall pay for the privi-
lege an annual license tax of twenty cents (20~) for each one hundred dollars ($100.00)
of gross receipts exclusive of receipts from sale of alcoholic beverages from the
business during the preceding fiscal or calendar year; the minimum annual license tax
shall be twenty dollars ($20°00).
Auto Accessory, Tire, Battery
Aircraft or Aircraft Parts
Anti6ue s
Auto Sales., Motor Yehicle Dealers
Bakeries, Caterers
Bicycle s
Boats, ~otors
Books, Stationery"
Building Material s
Candy, Nut Store s
Cigar, Tobacco Stands, Newsstands
Confectionery
Custom Tailor
Dairy Product s
Delicatessen
Department Stores
'Drapery, Curtain, Upholstery
Drug
Dry Goods Stores
Eggs, Poultry
Family Clothing
Farm Equipment
Filling Stations
Fish, Seafood ~arket
Floor Covering
Flori st s
Fruit Stores, Vegetable Markets
Fuel, Ice
Furniture
Furr i er s
Garden Supplies
General Stores
~ift, Novelty, Souvenir
Grocery
Hardware
Heating, Plumbing, Electrical Equipment
Hog, Grain, Feed, Seed
Ho siery
Jewelry
Luggage
Lumber Goods
Meat Market
Men' s and Boy' s Clothing
Millinery
Motorcycle
Musical In strument
Office, Store, Appliance Supply
Optical
All Other Clothing
Pa~t, Glass, Wallpaper
Photographic, Supply, Equipment
All Radio, Televi sion or Household Appliance s
Restaurants, Eating Places, Night Clubs
Secondhand Stores, other than junk
Scientific, Medical Supplies
Shoe s
Soda Fountain
Sporting Goods
A Travel Bureau or Tour Agent
Used Cars
Variety Stores
Workmen' s Clothing
~ther Retail Stores and Retail Eerchants
Sectio~ 56. ~olesale Merchants. ~¥ery person conducting or engaging in any of
the following wholesale merchants' occupations, businesses or trades, with the ex-
ception of a manufacturer selling goods, wares and merchandise at wholesale at the
place of manufacture, or a wholesaler selling goods, wares and merchandise to other
persons for resale unless said wholesaler has a definite place of business in the
county, shall.pay for the privilege an annual license tax of five cents (5~) for each
one hundred dollars ($100.00) of gross receipts exclusive of receipts from sales of
alcoholic beverages, over ten thousand dollars ($10,000.00) from the business during
the preceding fSscal or calendar year; the minimum annual license tax shall be fifty
dollar s ($50.00).
Automotive
Chemicals
Clothing, Furnishings
Coal, Coke
Commission ~erohants (who take title, others classed as brokers)
Drugs
Dry Goods
Electrical, Plumbing Goods
Farm Products or Supplies
Furniture and House Furnishings
Groceries and Foods
Hardware
Jewelry
Live sro ck Dealer
Lumber, Paint and Construction Naterials
Machinery, Equipment and Supplies
Metals and Metal Work
Other Goods, Wares, Merchandise
Paper and Paper Products
Petroleum and Petroleum Products
Soft Drinks
Sporting Goods
Tobacco and Tobacco Products (except leaf tobacco)
Waste ~aterials
Other Wholesale Merchants
Section 57. . Licensing of ,Person, Both Ret~i! Merch~.ut and Wholesale Merchant. Any
person who is both retail merchant and wholesale merchant is here~y required to obtain
both classes of license, provided however, that any retail merchant who desires to do
a wholesale business also, may elect to do such wholesale business under his retailer,s2
license by paying license taxes under the provisions of this section as a retailer on
both his retail and wholesale business.
Section _~8. Licensin~ of Contractors. Incorporated herein by reference to Chapter
~1~1~ Article II, Code of Albemarle County.
.Section ~9. .Amuse. me~ts. Every person conducting or engaging in any of the following
amusement occupations, businesses or trades shall pay for the privilege an annual
license tax of twenty cents (~0~) for each one hundred dollars ($100.00) of gross re-
ce~:pts, as hereinabove defined, from the business during the preceding fiscal .year or
calendar year; the minimum annual license tax shall be twenty dollars ($20.00)
Amusement Park
Arcade or Building Devoted to General Amusement or Entertaining
Auditorium
Billiards or Pool
Bowling Alley
Cable Televi sion
Dog '~ater Zaceway
Furnishing Closed Circuit Television '~tertainment
FurnisbZng Closed Circuit Nusical Entertainment
Garden s
478
Golf Driving Range
Minia~e~2G~I~,
Eovie Theatres
Parks, Athletic Fields
Riding Academy
Swimming Pools Open to the Public
Skating Itink
Section 60. ....Selling Good. st 'Wares and..Me.r, cha~udise TD~rouEh Use of Coin-0oer~ted
Vendin~ ~achines. Every person engaged in the business of selling goods,
merchandise through the use of co~p~_ ed vending machines, shall be classified
as a retail merchant on that phaserS' ~rfe~business done through such machines and
shall p.ay an annual license tax for the privilege of doing business of twenty dollars
($20.00); provided, however, that if any such person has more than one definite place
in this cotunty at which goods, wares, or merchandise are stored, kept, or assembled
for supplying such vending machines, the annual license tax hereby imposed shall be
twenty dollars ($20.00) additional for each such definite place in excess of one.
The license tax aforesaid shall not be subject to proration.
The term "engaged in the business of selling goods, wares, and merchandise through
the use of coin-operated vending machines", as m~'~sed in this section, shall be construed
as including the use of such machines by a soft drink manufacturer or bottler and a
manufacturer or packager of nuts, candy, and sandwiches who leases, rents, or other-
wise furnishes vending machines to his customers for their use in selling as retail
soft drinks or packaged nuts, candy, or sandwiches, as well as soft drink manufacturer
or bottler, or a manufacturer or packager of nuts, candy, and sandwiches who himself
sells his products at retail through the use of such machines; and every such soft
drink manufacturer or bottler and manufacturer or packager of nuts, candy, and sand-
wiches qualifying under this section as a merchant placing vending machines shall
report at retail selling prices all sales made through such vending machines, and
shall pay the tax thereon under this section accordingly. A soft drink manufacturer
or bottler and a manufacturer or packager of nuts, candy, and sandwiches qualifying
under this section shall be deemed to have qualified as to all vending machines placed
and in any way services by him whether the sales at retail through the use of such
machines are made by the manufacturer, packager, or bottler himself or by his customers.
Eve.fy perso.n shall also pay a tax of twenty cents (20~) on every one hundred
dollars [$100.00) of gross sales through such vending machines in each calendar year,
or part thereof.
The term "vending machines" as used in this section, includes only such machines
as vend goods, wares and merchandise and give to the customer on every purchase of his
money's worth in goods, wares or merchandise. The term does not include any machine
the operation of which is prohibited by law, nor any machine which has any gambling
or amusement feature whatsoever.
Every vending machine shall be plainly marked by the owner thereof with the name
and address of such owner.
~his section shall not apply to any machine upon which the license tax is paid
under the provisions of Section 4~ of this ordinance.
Se. ction 61. t~en.ting .by 0~mer. of Houses: Aoartments., or Commercial...E.s. tablishments.
Every person who, as principal, shall engage in the business of renting houses,
apartments or commercial property in the county~ shall pay for the privilege of doing
business an annual license tax of twenty cents (20~) on each one hundred dollars
($~00.00) of gross receipts from the rental of all commercial establishments, apart-
ment units or dwelling units during the preceding fiscal or calendar year. Persons
engaged in the business of renting houses or apartments, or both, shall not be
affected by, or come within the provisions of this section unless such person is
engaEed in the business of renting in excess of two (2) ~epara.te dwelling units.
The minimum annual license tax shall be twenty dollars ($20.00).
The business of renting houses and apartments as used in this section shall be
construed to mean the rental of a building or portion thereof designed exclusively
for residential occupancy, including one-family, two-family and miltiple family
dwellings, but not including hotels, boarding houses and rooming houses.
The words "dwelling units" are defined to mean one or more rooms in a dwelling
house or apartment designed for occupancy by one family for living purposes and having
cooking facilities.
Section 62.. Aonev Len~em~ Every person conducting or engaging in any of the follow-
ing money lending occupations, businesses or trades shall pay for the privilege an
annual license tax of twenty cents (20~) for each one hundred dollars ($~00.00) of
gross receipts, as hereinafter defined, on the business during the precedin, g. risc.al
or calendar year; the minimum annual license tax shall be twenty dollars ~$20.00).
3-~5-73
479
This section shall not apply to banks, small loan companies as defined in Title 6.t
Chapter 6, Code of Virginia 1950, and building and loan associations.
A ~oney Lender
An Industrial Loan Company
A Loan or Mortgage Broker
A Factor
Financing Accounts Receivable
Inventory Financing
Installment Financing
Chattel Mortgage Financing
Con sumer Sales
Buying Installment l~eceivables
Other Money Lenders
.Section 6~. l~eoeal of, Conflicting Ordinances,,. This ordinance hereby repeals Sec-
tion 7-1 through 7-13 of Chapter 7, Article I and II; Sections 8-3 through 8-8 of
Chapter 8, Article II; and Section t1-1 of Chapter 11, Article I, Code of ~lbemarle
County.
Nothing herein contained shall in any way affect Sections 11-1.1 through 11-6
of Chapter 1t, Article I and Sections 19-22 through 19-29, Chapter 19, Article II
Division 2, Code of Albemarle County., which sections are to continue in full force
and effect.
..Section 64. Inv~li.di. ty ia P~rt. If any section, sub-section, sentence, clause or
phrase of this ordinance is for any reason held to be invalid, such decision shall
not affect the validity of the remaining portions of this ordinance; and the Board
of S~pervisors hereby declares that it would have passed .~his ordinance and each
section, sub-section, sentence, clause and phrases thereof, irrespective of the
facts that any one or more sections, sub-sections, sentences, clauses and phrases
be declared invalid.
Section 65. No license tax shall be required to be paid by any person under this
ordinance whose "gross sales" or "gross receipts" shall be five hundred dollars
($500.00) or less but such person shall be required to report such sales to the
Director of Finance who will issue a certificate exemption to such p~rson.
Sec_tion 66. Any license granted under this ordinance may be revoked by the Director
of Finance upon the failure of any licensee to comply with the terms of this
ordinance and there shall be no refund.
This ordinance shall be effective immediately upon passage.
Statements of expenses of the Department of Finance, the Sheriff's Office and
the Office of the Commonwealth's Attorney were submitted for the month of February,
197~. On motion by Mr. Carwile, seconded by Mr. Thacker, these statements were
approved by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker and Wheeler.
NAYS: None.
ABSENT: Mr. Wood.
Statement of expenses incurred in the maintenance of the County Jail was submitted
along with summary statement of prisoner days for the month of February, 1973. On
motion by Mr. Thacker, seconded by Mr. Csrwile, this statement was approved for payment
by the following recorded vote:
AYES: Messrs. E&rwile, Fisher, Henley, Thacker, Wheeler and Wood.
NAYS: None.
Claim of the Jail Physician was submitted for the month of February, 1973, in
the amount of $75.00, of which two-thirds is reimbursable by the State. On motion by
Mr. Carwile, seconded by Mr. Thacker, this statement was approved for payment by the
following recorded vote:
48.0
AYES: Messrs. Carwile, Fisher~ Henley, Thacker, Wheeler and Wood.
NAYS: None.
Eeport of the County Executive was submitted for the month of February, 1973,
as information.
Reports of the Department of Public Welfare were submitted for the month of
January, 1973, in accordance with Sections 63-67~1 and 63-67.2 of the Code of
Virginia.
The County~Executive presauted check No. H771~, payable to Roy's Electric
Motor Service, Inc. on February 2t, t973, in the ~mount of $23.~0. He advised
that this was a duplicate payment of an account by the school department. On
motion by Mr. Carwile5 seconded by Mr. Wood, it was ordered that the subject
check be cancelled. Motion carried by the following recorded vote:
AYES: Messrs. Carwile5 Fisher~ Henley5 Thacker5 ~eeler and Wood.
N~S: None.
Communication was received from E. F. Hoy, tendering his resignation as
a member of the Albemarle County Service Authority Board. Motion was offered
by Mr. Thacker to accept his resignation~ effective April 1~ 19735 and ordering
the Clerk to send a letter thanking Mr. Hoy for his work as a member of this
Board. Motion was sece~ed by Mr. Fisher and carried by the following recorded
vote:
AYES:
NAYS:
Messrs. Carwile5 Fisher5 Henley, Thacker, Wheeler and Wood.
None.
Mr. Thacker requested that the last open appointment to the Industrial
Commission be deferred indefinitely.
Mr. H~rbert Pickford offered his resignation as County Attorney effective
March 31, 1973. Each Board member, verbally5 expressed his thanks and ~ppreciation
for the WoDk Mr. Pickford had performed Eor Albemarle County during the last year.
Motion to accept Mr. Pickford's resignation was offered by Mr. Carwile~ seconded
by Mr. Wood and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher5 Henley, Thacker5 Wheeler and Wood.
NAYS: None.
Mr. Carwile offered the name of Mr. George St.John to serv/~e as assistant
County Attorney from March 1~ to March 31, 19735 and then to servs'~ as County
Attorney for one year at a salary of $105000 per year. Motion was seconded by
Mr. Fisher and carried by the following recorded vote:
AYES: Messrs. Carwile~ Fisher, Henley5 Thacker, Wheeler and Wood.
NAYS: None.
Mr. Carwile gave a short report from the restricted roads committee.
Motion was offered by Mr. Wood to adjourn this meeting until ~:00 P.M. on
March 21, 1973, in the Board Room of the County Office Building. Motion was seconded
by Mr. Carwile and carried by the following recorded vote:
AYES: Messrs. Carwile, Fisher, Henley, Thacker~ Wheeler and Wood.
NAYS: None.
Note: After the meeting was adjourned~ it was brought to the attention of the Clerk
that. an item on the agenda had not been discussed. Therefore, expansion of the
Joint Health Department will be considered at the meeting to be held on March 21.)