HomeMy WebLinkAbout12/27/1974 - Regular
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Salem-Roanoke Valley Civic Center
Salem, Virginia
December 27, 1974
1:00 P.M.
Pursuant to the adjournment of the meeting of
December 10, 1974, the Roanoke County Board of Supervisors met
this day in open session at the Salem-Roanoke Valley Civic Center
in Salem, Virginia.
Members Present: Chairman R. E. Hilton, Jr.
Vice-Chairman John G. Seibel, C. Lawrence Dodson, Richard C.
Flora and May W. Johnson. William F. Clark, County Administra-
tor, and Edward A. Natt, County Attorney, were also in attendance.
At the request of Chairman R. E. Hilton, the meeting
was conducted by Vice-Chairman John G. Seibel. The invocation
was offered by C. Lawrence Dodson.
Mr. Raymond R. Robrecht, Roanoke County Delegate,
appeared before the Board and expressed his gratitude to the
Board for its position on annexation and other pertinent matters
during the past year.
IN RE:
ADOPTION OF ORDINANCE NO. 1166 AMENDING CHAPTER 9.
LICENSES, OF THE ROANOKE COUNTY CODE
WHEREAS, the Board of Supervisors deems certain amendments to the
Roanoke County Code to be necessary in the best interests of the health,
safety and general welfare of the citizens of Roanoke County; and
WHEREAS, a Notice of Intention to amend the Roanoke County Code
as proposed, and public hearing thereon, have been advertised and posted in
accordance with law.
NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of
Roanoke County, that the Roanoke County Code be amended as follows:
Chapter 9. Licenses be amended and reordained as follows:
Chapter 9.1 Licenses
Article I. In General
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Sect. 9.1-1. Statement of Policy.
It is the purpose and policy of the Board of Supervisors in enacting this
ordinance imposing license taxes for the conducting of business in the County
of Roanoke and for the granting of privileges as are hereinafter defined and
set forth ot equalize as far as practicable the burden of such license
taxation among those hereby liable thereto, by adopting for general applica-
tion, but subject to the regulations, personal privileges, and exceptions
hereinafter specifically set forth a system of license taxes.
Sect. 9.1-2. How designated and cited.
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The following ordinance, arranged in articles and sections, be, and the same
shall constitute, and be designated and cited as liThe License Tax Ordinance
of the County of Roanoke, Virginia."
Sect. 9.1-3. Rules of construction.
The rules, as given in the Code of Virginia, and any acts amendatory thereto
for the construction of statutes, shall, as far as applicable, govern in the
construction of this ordinance and such amendments hereto as may hereafter be
adopted.
Sect. 9.1-4. Number and gender.
A word importing the singular number only may extend and be applied to several
persons or things, as well as to one person or thing; and a word importing the
plural number only may extend and be applied to one person or thing, as well
as to several persons or things; and a word importing the masculine gender onl
may extend and be applied to females and to firms and corporations as well as
males; and the word "person" may extend and be applied to bodies politic and
corporate as well as individuals, partnerships, firms, associations and
institutions.
Sect. 9.1-5. Definitions.
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For the purpose of this chapter, the following words and phrases shall have th
meanings respectively ascribed to them by this section:
1. Business service. Every person engaged in the conduct of a business,
trade or occupation enumerated in Section 9.1-40 of this chapter.
2. Coin machine operator. Every person, firm or corporation selling, leasing
renting or otherwise furnishing a coin-operated machine or coin-operated
machines to others or placing a coin-operated machine or coin-operated
machines with others. The license tax imposed upon a coin machine operator is
not in lieu of, but in addition to, license taxes imposed upon coin-operated
machines. The coin machine operator1s license tax, however, is not applicable
to operators of weighing machines, automatic baggage or parcel checking
machines or receptacles, nor to vending merchandise or postage stamps or pro-
vide service only, nor to operators of coin-operated 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.
3. Commissioner of the Revenue. The Commissioner of the Revenue, or any of
his employees or agents.
4. Contractor. Every person engaged in the conduct of a business, trade or
occupation enumerated in Section 9.1-29 of this chapter. The term "con-
tractorll is further defined to include every person accepting, or offering to
accept, orders or contracts for the doing of any work on or in any building or
structure requiring the use of paint, stone, brick, mortar, cement, wood,
wallpaper, structural iron or steel, sheet iron, galvanized iron, metallic
piping, tin, lead or other metal, or any other building material; or accepting
or offering to accept orders or contracts to do any electrical work on or in
any building or structure or accepting, or offering to accept, orders or
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The term gross receipts when used in connection with, or inrespect to,
financial transactions for the preceding year involving the sale of notes,
stocks, bonds or other securities or the loan, collection or advance of money
or the discounting of notes, bills or other evidences of debt shall be deemed
to mean gross interest, gross discount, gross commissions, or the other gross
receipts earned by means of, or resulting from, such financial transactions,
but the term gross receipts shall not include any principal amounts received
in payment of debts. The calculation of gross receipts for license tax
purposes shall be on either a cash or accrual basis, provided, however, that
the basis used must coincide with the system of accounts used by the taxpayer
and with the method employed by the taxpayer for Federal and State income tax
purposes. The preceding year's gross receipts may be either the fiscal year
used by the business or the calendar year, provided that the year employed mus
also coincide with the year used for Federal and State income tax purposes.
6. Purchases. All goods, wares and merchandise received for sale at each
definite place of business of every wholesale merchant. The word as so used
shall not be construed to exclude any goods, wares and merchandise otherwise
coming within the meaning of the word.
7. Repair service. Every person engaged in the business of repair, renovatin
or servicing any of those items or articles enumerated in Section 9.1-40 of
this Chapter.
8. Retail merchant. Every merchant who sells at retail only and not for
resale.
9. Wholesale merchant. Every merchant who sells to others for resale only 0
who sells to institutional, commercial, or industrial users.
Sect. 9.1-6. Rules for guidance.
As to all questions in regard to the duty, authority and conduct of officers
of the County in collecting and enforcing the taxes herein imposed, and in
regard to matters of construction, and for definitions of terms used in this
chapter and the rules and regulations applicable to putting the same in
operation, for the assessment, levy and the collection of taxes for the
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current year, reference is hereby made to the laws of the State of Virginia
and more particularly to Article 1, Chapter 7, Title 58 of the 1950 Code of
Virginia, as amended, or to so much thereof as is applicable to this ordinance
and is not inconsistent with it or the General Ordinances of the County of
Roanoke; and for the conduct and guidance of the officers of the County and
other parties affected by this chapter, and for fixing their powers, rights,
duties and obligations, the provisions of said laws, so far as applicable, are
hereby adopted and incorporated by reference as if more specifically set forth
herein, without however, being herein specifically quoted or set forth.
Sect. 9.1-7. Powers of the Commissioner of the Revenue.
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The commi ss i oner shall be and he is hereby authori zed and di rected to employ
one of his deputies as an inspector whose duty shall be to see that the pro-
visions of this chapter are enforced, and the inspector shall make reports to
the Commissioner and perform any services required by him in connection with
the enforcement of this chapter, said inspector to be subject to removal at an
time at the pleasure of the Commissioner. Said inspector, shall especially
investigate and ascertain whether each person, firm or corporation engaged in
any business or profession required by this chapter to pay a County license
tax for the privilege of doing business in the County, to be measured by the
amount of actual or probable sales, or purchases made by him or it, or upon
the actual or probable volume of business done by him or it, has made a
correct return; and to that end said inspector, as an agent of the Commission
of the Revenue, is authorized and empowered to summons such person firm or
corporation before him in the office of said commissioner and require the
production of any or all of his or its records, books and papers relevant to
the matter under investigation as he shall deem proper in order to accurately
determine the proper return to be made by such person. I
The said license inspector shall have the power and right, at all reasonable
times, to examine the books and records of any taxpayer liable for taxes
assessable under this ordinance with respect to the possible liability of any
person using the facilities of such taxpayer, as well as with respect to the
liability of the taxpayer whose books and records are so examined.
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Every person who shall fail to appear before said inspector or appearing,
fails or refuses to produce such records, books and papers, when duly
summoned, or shall refuse to permit said inspector to make such other and
further investigation and audit of said books and papers as aforesaid, shall
be guilty of a misdemeanor, and subject to the penalties provided therefor
under the 1950 Code of Virginia, as amended, unless otherwise provided in
this chapter.
Sect. 9.1-8. Zoning
The Commissioner of the Revenue shall require satisfactory proof that the
conducting of such business, trade, profession, or occupation at such locatio
is not so prohibited by the Zoning Ordinance or any other ordinance of the
County of Roanoke.
Sect. 9.1-9. Liability for license.
It is hereby declared to be the intent of this chapter that, in order to
distribute the tax burden of the County, all businesses, trades, professions,
pursuits, vocations and callings located or conducted in the County and the
persons, firms, associations, and corporations engaged therein and the agents
thereof, except in cases where taxation by the localities shall be prohibited
by the general law of the State, are hereby made subject to a license tax
under this chapter.
When any person shall, by use of signs, circulars, cards or newspapers or
radio or television broadcasts, advertise any business, it shall be considere
prima facie evidence of his liability under this chapter and he shall be
required to take out a license for such business.
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Sect. 9.1-10. Separate license for each place of business.
When any person is engaged in a business subject to taxation under the
provisions of this chapter, a separate license shall be required for each
different location where said business is conducted.
Sect. 9.1-11. License year.
Unless otherwise specifically provided, all license taxes levied by this
chapter shall be due and payable at the office of the Commissioner of the
Revenue of the County of Roanoke, Virginia, on the first day of January of
each and every year, and all licenses shall expire on the thirty-first day of
December following the date on which such license is issued, and any person
conducting any business, trade, occupation or profession without a license
after the first day of January, 1975, or the first day of any year thereafter,
unless otherwise specifically provided, shall be guilty of committing a
misdemeanor and be subject to punishment as provided for in this chapter.
Sect. 9.1-12. Expiration of license and penalty for continuing
without license.
Except when otherwise expressly provided, all licenses shall expire on the
31st day of December of each year.
Sect. 9.1-13. Keeping of records.
Every person liable for a license tax under the provisions of this chapter,
which tax is based on volume of business, gross value or gross receipts, shall
keep all records necessary to accurately show said volume of business, gross
value or gross receipts and from such records, the value of business, gross
value or gross receipts shall be taken for the purpose of computing the tax.
All such records and general books of accounting shall be open to inspection
and examination by any authorized representative of the County of Roanoke.
Sect. 9.1-14. Required oath - penalties for false oath.
Where a statement of purchases, gross receipts, gross values or sales is made
by any person under the provisions of this chapter, the Commissioner of the
Revenue may require of each such person a statement, under oath, as to the
amount of his purchases, gross receipts, gross value, or sales as may enable
him to satisfactorily determine the same and the Commissioner of the Revenue
may decline to issue the license until such proof has been furnished.
Anyone who, for the purpose of obtaining any license, makes a false or mis-
leading statement or gives false testimony for the purpose of himself obtain-
ing any license or to assist or aid another to obtain any license, in violatio
of this chapter, shall be subject to a fine of $250.00 and the license issued
because of any such testimony shall be revoked and no part of the license tax
collected shall be refunded.
Sect. 9.1-15. Issuance of license.
Every person desiring to obtain a license to prosecute any business, trade,
profession or occupation, or to do anything for which a license is required
hereunder, shall first make application therefor to the Commissioner of the
Revenue, in which application shall be stated the residence of the applicant;
the nature of the business, trade, profession, occupation or thing to be
done; the place where it is proposed to be conducted. Said Commissioner shall
then issue a signed license to said applicant to conduct the business, trade,
profession, or occupation or other thing to be done therein named; which
license, however, shall not be valid or effective unless and until the tax
required shall have been paid to the County Treasurer.
Sect. 9.1-16. Proration of tax.
a. Unless otherwise expressly provided in this chapter, all licenses shall be
deemed to be issued for the current tax year, that is, from January first
through December 31st, next following, and no license tax imposed by this
chapter or by any subsequent amendment hereto shall, upon issuance, be subject
to proration for any portion of a license year unless it be herein provided to
the contrary or unless such proration be required by localities by the general
law.
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b. There shall be no abatement from or proration of any license tax imposed
hereunder, except as to any person who, or firm or corporation which, pays a
flat rate license tax and shall begin business after the beginning of the
license tax year, then in such case, the Commissioner of the Revenue shall
ascertain the amount of such license tax, which license tax shall bear the
same proportion of the annual tax thereon as the period embraced between the
date at which such license is issued and the 31st day of December next
thereafter bears to the whole year, and except further that in computing said
tax no deduction shall be made therefrom for any fractional part of a month.
The foregoing provision sahll not apply to any gross receipts ot gross value
licenses issued under this chapter or to any license computed upon the amount
of sales or contracts made or done, or for any such license computed upon the
amount of sales or purchases. No license tax specially prohibited from being
prorated shall be prorated.
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Sect. 9.1-17. Additional license taxes and beginner's license.
1. Whenever any person begins a business, trade, profession or occupation on
or after January 1st of the license year, the license tax imposed by this
chapter shall be measured by the applicant's estimate of the purchases, sales,
gross receipts, or gross value that will be received, made, established or
produced from the commencement of the succeeding license tax year, or when
applying for his license for such succeeding year, furnish the Commissioner of'
the Revenue with the true amount of gross receipts, gross value, sales or
purchases for that part of the preceding year during which such person operate
and thereupon pay to the Treasurer any additional amount of license tax due.
Until such payment is made there shall not be issued to such person any licens
permitting such person to carryon any business, trade profession or occupa-
tion in the County.
2. Whenever the Commissioner of the Revenue shall ascertain that any person
should be assessed with other or any additional license tax pursuant to the
provisions of this chapter it shall be the duty of the Commissioner of the
Revenue to assess such person with such additional license tax as may be
reported to be due.
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Sect. 9.1-18. Miscellaneous licenses not provided for.
In every case in which a license is imposed by the State on any business,
trade, occupation, or profession not herein specifically mentioned, a County
license tax equal to the amount of the State tax is hereby imposed for the
privilege of conducting such business, trade, occupation or profession in
Roanoke County.
Sect. 9.1-19. Seasonal licenses.
Licenses which expire prior to December 31st may be issued for such businesse I
that are conducted during certain months of the license year because of
weather conditions. Proration of such seasonal licenses shall comply with
Section 9.1-16 of this chapter, except that the expiration date may be other
than December 31st. This section shall not apply to contractors of any type.
Sect. 9.1-20. Display of license.
Every person required to pay a license tax or to obtain any tag, sticker or
sign under the provisions of this chapter, shall display the license receipt,
tag, sticker or sign in a conspicuous place at his regular place of business
or profession in order that any authorized representative of the county of
Roanoke may inspect the same at any and all reasonable times. All licensees
who do not maintain a regular place of business shall either carry the licens
receipt, tag, or sign with them on their person or have the name fixed or
attached to their truck, automobile, or other motor vehicle and properly
display the same when called upon to do so by any authorized representative
of the County of Roanoke.
No license measured by volume of business shall be required to be publicly
displayed.
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Sect. 9.1-21. Transfer of license.
Licenses issued under this chapter shall be transferable except where otherwis
provided, but in no case shall any transfer of license be legal or valid unles
and until notice of such transfer shall have first been given to the
Commissioner of the Revenue, who thereupon shall approve said transfer by
written endorsement thereupon.
Sect. 9.1-23. Enforcement of ordinance.
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In the enforcement of the provisions of this chapter, the Commissioner of the
Revenue of the County, in addition to the powers specifically granted, shall
have all and the same enforcement authority with respect to County licenses
that State law confers upon commissioners of the revenue generally with
respect to State licenses. As one of the means of ascertaining the amount of
any license tax due under pertinent information, the Commissioner of the
Revenue 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. Each such refusal shall constitute
a separate offense.
The Commissioner of the Revenue or his duly qualified deputy or deputies, afte
the hereinabove set out powers of enforcement have been exhausted, shall have
the added power to take legal proceedings by warrant to enforce compliance wit
the provisions of this chapter.
Sect. 9.1-24. Penalties.
Any person, firm or corporation violating any of the provlslons of this
chapter shall, upon conviction thereof, be deemed guilty of having committed
a misdemeanor and be punished as is provided for in Section 18.1-9 of the 1950
Code of Virginia, as amended, unless otherwise provided in this chapter. Each
day any such person, firm or corporation violates or fails to conform to such
provision or requirement shall constitute a separate offense. Such conviction
shall not relieve any such person, firm or corporation from the payment,
collection and remittance of said tax as provided in this chapter.
Sect. 9.1-25. Constitutionality.
If any part or parts, article, section, subsection, sentence, clause or phrase
of this chapter should, for any reason, be held to be unconstitutional or
invalid, such decision shall not affect the validity of the remaining portions
of this chapter which shall remain in force and effect as if such chapter had
been adopted with the unconstitutional or invalid part or parts, article,
section, subsection, sentence, clause or phrase thereof eliminated, and the
Board of Supervisors of Roanoke County, Virginia, hereby declares that it
would have passed and adopted this chapter and each part or parts, article,
section, subsection, sentence, clause and phrase thereof irrespective of the
fact that anyone or more part or parts, article, section, subsection,
sentence, clause or phrase would have been declared unconstitutional or invali .
Sect. 9.1-26. Carnivals, Circus, Trained Dog or Pony Show, Speedways,
Race Tracks, etc.
On every carnival, circus, trained dog, pony or animal show, speedway, race
track or similar organization there shall be a license tax of $250.00 for each
day that an exhibition is given within the County.
Carnival is meant to include any lawful business, performance or amusement to
be given in a tent, building, structure or on any graounds occupied by said
carnival without any exceptions.
Sect. 9.1-27. General provisions regarding shows, etc.
Before a license can be issued to any carnival, show, minstrel, circus,
menagerie, animal show, performance or public exhibition, as provided for in
the immediately preceding section, the person proposing to exhibit such
carnival, show, ministrel, circus, menagerie, animal show, performance, or
public exhibition shall make application in writing to the Board of Supervisor,
or its authorized agent, stating the nature of the carnival, show, minstrel,
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circus, menagerie, animal show, performance, or public exhibition and the
location in the County where said performance shall be exhibited and secure
from the Board of Supervisors, or its authority agent, a written permit
therefor. If the Board of Supervisors, or its authorized agent, considers it
undesirable to permit such a carnival, show, minstrel, curcus, menagerie,
animal show, performance, or public exhibition to exhibit anywhere within the
County, they shall have full power to refuse to issue said permit.
The Commissioner of the Revenue shall not issue a license until such permit is
secured from the Board of Supervisors or its authorized agent.
Sect. 9.1-28. Fortune Tellers.
On every fortune teller, clairvoyant, phrenologist, spirit medium, spiritualis ,
astrologist, hypnotist, or palmist the license tax shall be $500 per year.
Article III. Contractors and
Contracting
Sect. 9.1-29. Contractors and contracting.
Every contractor conducting, operating or engaging in any of the hereinafter
enumerated businesses, trades or occupations wherein any of the hereinafter
enumerated materials are used or things are done shall pay minimum license
tax of $25 plus $0.15 on each one hundred dollars of gross receipts from all
orders or contracts accepted during the preceding year, in excess of one
thousand dollars.
Air conditioning equipment
Brick, stone and other masonry
Building, all types
Concrete work
Dredging of sand or gravel
Electrical contracting (see Sec. 9.1-30)
Electrical wiring (see Sec. 9.1-30)
Elevator installation
Erecting, installing, removing, storing awnings
Excavating
Floor scrapings, sanding or finishing
Fumigation
Painting
Paving
Plastering
Plumbing, heating, steam fittings (Sec. 9.1-30)
Road, street, bridge, sidewalk, curb and gutter - construction of
Roofing, tinning
Sewer or well digging
Sign erecting, all types
Structural metal work
Tile, glass, flooring, floor covering
Vermin control
Wallpapering
Wrecking or moving of buildings or structures
Other types of contracting
Sect. 9.1-30. Requirements of plumbers and electricians.
No plumber's license herein provided for shall be issued unless and until the
County plumbing inspector has first ascertained and certified that the
applicant therefor is qualified to do plumbing, gas fitting and heating work.
No electrician's licnese herein provided for shall be issued unless and until
the County electrical inspector has first ascertained and certified that the
applicant therefor is qualified to do electrical wiring or installation.
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Sect. 9.1-32. General
It shall be the duty of every such contractor who sublets any portion of the
work contracted for to notify the Commissioner of the Revenue and the
Building Inspector of such subletting~ ~iving amounts so sublet~ the name and
address of all persons to whom any portion of the work is sublet~ and failure
so to do shall be a misdemeanor.
Article IV. Merchants
Sect. 9.1-33. Wholesale merchandise broker and commission merchant.
Every person who receives or distributes goods~ wares, or merchandise for
account of the shippers and sells only at wholesale prices and whose gross
profits are measured principally by commissions arising from sale of such
goods, wares or merchandise shall, for the privilege of doing business in the
county~ pay a license tax of $50 plus 35~ per one hundred dollars of gross
commissions and profits in excess of $3000.
Sect. 9.1-34. Dealers.
The following persons shall pay a license tax of $100:
A. Every person who sells or solicits for sale or receives or takes orders
for sale and delivery of coal within the County and who does not keep and
maintain a regular place of business in the county for the purpose of sale~
storage, and delivery of coal, consisting of a coal yard equipped with scales
and other necessary equipment for the storage, weighing, sale and delivery of
coal.
B. Every person conducting a business of dealing in coal, oil, fuel oil,
gasoline, kerosene or other burning fluids or gases by selling or delivering
the same to others than licensed dealers or retailers from wagons, trucks or
vehicles.
C. Every person conducting a business of dealing in milk and milk products or
distributing milk or milk products by selling or delivering the same to others
than licensed dealers or retailers from trucks or vehicles.
D. Every person conducting a business of dealing in bread, pastries, or
bakery products or distributing bread, pastries, or bakery products by selling
or delivering the same to other than licensed dealers or retailers from trucks
or other vehicles.
Sect. 9.1-35. Itinerant vendors~ bankrupt sales, etc.
On every person exhibiting for sale or selling in the County, in a temporary
or a fixed place, any fruits, goods or merchandise, as a bankrupt, assignee,
or trustee; or bringing in for sale fruits, goods or merchandise from railroad
wrecks~ leftover stocks~ exposition stocks; or for conducting a fire sale;
slaughter stock sale; going out of business sale; or any sale of like characte
and on any itinerant vendor there shall be a license tax of $200 per year or
fraction thereof.
No person shall be exempt from the payment of the license tax imposed by this
section by reason of associating temporarily with any local merchant~ dealer,
trader or auctioneer or by reason of conducting such temporary or transient
business in connection with or as a part of a business in the name of any
local merchant, dealer, trader or auctioneer.
Sect. 9.1-35. Peddlers.
On each peddler there shall be a license tax as follows:
1. Peddlers of goods, wares of merchandise in this county - $200
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2. Peddlers of meat, milk, butter, eggs, poultry, fish, oysters, game,
vegetables, fruits or other family supplies of a perishable nature not grown
or produced by the peddler - for each vehicles used in such peddling in this
county - $50.00
3. Peddlers of seafood who buy the seafood they peddle from persons who catch
or take the same in this county - $10.00
4. Peddlers of ice, wood and coal not produced by them but purchased for
resale - each vehicle used in such peddling in this county - $25.00
Peddlers licenses shall not be prorated or issued quarterly. Peddlers license
are not transferable.
Sect. 9.1-37. Retail merchants, restaurants.
Any person conducting the business of a retail merchant, and any person who
shall cook, prepare or otherwise furnish for compensation food or refreshments
of any kind for casual visitors at his house or place of business for con-
sumption therein and who does not furnish lokging and who is not the keeper of
a hotel or lodging shall pay a minimum license tax of $25.00 plus $-.15 per
one hundred dollars of gross receipts derived from such business.
Sect. 9.1-38. Wholesale merchants and distributing house.
The license tax for a wholesale merchant shall be $25.00 if the amount of
purchases throughout the next preceding calendar year did not exceed $5,000.
If the amount of purchases throughout the next preceding calendar year
exceeded $5,000 but did not exceed $10,000 the license tax shall be $50.00.
If the gross purchases exceed $10,000 the license tax shall be $50 on the
first $10,000 and 10~ on every $100.00 in excess of $10,000.
Sect. 9.1-39. Alcoholic Beverages.
1. The terms used in this section shall have the same meanings set forth in '
Sections 4-2 and 4-99 of the Code of Virginia unless a different meaning shall
be clearly intended.
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All persons licensed under any provision of this section shall comply in every
respect with all the provisions of the Virginia Alcoholic Beverage Control
Act,1I as amended.
2. The license tax for every wholesale beer distributor, wholesale wine
distributor, and on-premises or off premises beer and/or wine licensee, and
banquet licensee when alcohol of more than three and two-tenths per centum
(3.2%) of alcohol by weight is distilled, brewed, distributed or sold shall
be as follows:
a. On every wholesale beer distributor there shall be a license tax of
$50.00.
b. On every wholesale wine distributor there shall be a license tax of
$50.00.
c. On every retail on premises wine license there shall be a license tax of
$20.00.
d. On every reta i 1 off premises wine license there shall be a license tax of
$20.00.
e. On every retail on premises beer license there shall be a license tax of
$20.00.
f. On every reta il off premises beer license there shall be a license tax of
$20.00.
g. On every on premises wine and beer licenses there shall be a license tax
of $25.00.
h. On every retail off premises wine and beer license there shall be a
license tax of $25.00.
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Any police officer shall at all times during business hours be allowed free
access to every place where beverages are stored, distributed, offered for sal
and/or sold for the purpose of examining and inspecting such premises.
Article V. Business, Professions, Trades & Occupations
Sect. 9.1-40. Business, profession, trades and occupations.
Every person conducting or engaging in the County in any of the businesses,
professions, trades, services or occupations hereinafter enumerated in this
section shall pay a minimum annual license tax of $25.00 plus $0.15 on each
one hundred dollars of gross receipts in excess of $500.00 derived from such
businesses, professions, trades, services or occupations, to-wit:
Accountant
Advertising agent or firm
Advertising serVlce
Air conditioning engineer
Air conditioning equipment repair
Airplane charter service
Appraiser or evaluator of real estate for others for compensation
Architect
Artist
Attorney at law
Auditor
Automobile, laundry or washing
Automobile, truck and motor vehicle repair of any type
Barber shop
Beauty shop
Bicycle repair
Billboards, owning, renting, leasing or maintaining of
Blacksmith
Boarding kennels (dogs, cats, horses, etc.)
Boiler repair
Book salesman, magazine salesman or agent for the sale of books or magazines
not selling from a regular place of business in Roanoke County
Booking agent
Bowl i ng a 11 ey
Broker, any and all types wholesale merchandise
Breeding, any and all types
Builder and developer
Business and office machine repair and service
Chartering service, all types
Chemical engineer
Chemist
Chiropodist
Chiropractor
Civil Engineer
Clothes, hat, carpet or rug repair
Collection agency, any and all types
Correspondence school
Dancing instructor
Delivery service
Dentist
Dermatologist
Detective, private
Doctor of dental surgery
Doctor of medicine
Doctor of veterinary service
Electrical appliance repair
Employment agent or agency
Engine repair service, any and all types
Engraving metal and plastic
Farm machinery repair
Frozen food storage
Furnace and heating equipment and appliance repair
Furniture repair
Games of chance not prohibited by law or operated pursuant to the provisions
of Sect. 18.1-340 (b) of the 1950 Code of Virginia, as amended.
to. ~...-__.. ..
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12-27-74
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Gardening, shrub or tree trimming and lawn care
Golf courses, public and private, miniature or regular, indoor or outdoor
Grooming (dogs, cats, horses, etc.)
Gun repair
Haul i ng, a 11 types
Hobby horses and merry-go-rounds
Home appliance repair
Hotels, motels and boarding houses
Industrial and commercial machinery repair
Industrial engineer
Interior decorating
Janitorial services
Job printing, printing shop, book binding, duplicating processes
Land agent
Landscape architect
Landscaping
Launderers, cleaners, linen service
Lawnmower repair, any and all types
Leather goods repair, any and all types
Lumber and wood yards
Mattress repair and mending
"Mend-it" shop
Metal goods repair
Mining engineer
Motion picture theaters - indoor and outdoor
Motor vehicle repair, any and all types
Music teacher, all types
Musical instrument repair or tuning
Nickel and chrome plating
Oculist
Optician
Optometrist
Orthodontist
Osteopath
Pawnbrokers
Patent agent
Photo coloring
Physician
Physiotherapist
Pool and billiard rooms
Pruning and spraying trees and shrubbery
Psychologist
Psychiatrist
Public accountant
Public bookkeeper
Public dance hall
Public exhibitions
Public exhibition hall
Public parking and storage garage
Public parking lot
Public performance and vaudeville show except for benevolent, charitable or
educational performances
Public relations counselor
Public stenographer
Radio and television repair
Real estate agent, broker or salesman
Recreational facilities, public or private
Refrigeration engineer
Rental agent
Renting bicycles, motor scooters, motor vehicles, or airplanes
Reweaving of clothes, hats, carpets or rugs
Road machinery repair
Saw repair and sharpening
Scales repair
Sculptor
Seamstress
Security guard
Shade repair
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Shoe shine parlor
Shooting galleries and ranges
Snow removal
Storage, all types
Surgeon
Surveyor
Swimming pools, public and private
Tax consultant
Taxidermist
Taxi service
Telephone answering service
Tire repair or recapping
Tool repair
Toy repair
Trailer camps, trailer courts and mobile home parks
Training (horses, dogs, etc.)
Tutors and other private teachers
U-drive-it firm or business
Umbrella repair
Undertakers
Upholstery or mending of furniture or home or commercial furnishings
Veterinary surgeon
Watch, clock and jewelry repair
Welding shop
Wrecker service
Other business service occupations, repair shops, professional occupations
and personal service occupations.
Sect. 9.1-41. Automobile graveyards
On every person who owns or operates an automobile graveyard there shall be
an annual license tax of $250.00 plus $2.00 for each motor vehicle incapable
of being operated.
The Commissioner of the Revenue shall not issue a license under this section
until the said applicant first obtains a permit from the Board of Supervisors
or its authorized representative to operate such automobile graveyard.
Sect. 9.1-42. Auctioneers.
On every auctioneer, as defined in Sect. 58-285 of the Code of Virginia, as
amended, there shall be a license tax of $15.00 whether any compensation for
services is received or not.
Sect. 9.1-43. Common criers.
On every common crier, as defined in Sect. 58-289 of the Code of Virginia, as
amended, there shall be a license tax of $10.00 whether any compensation for
services is received or not.
Sect. 9.1-44. Credit union.
On each credit union in the County there shall be the following license tax:
Where the paid in capital is not in excess of $20,000.00
$ 5.00
Where paid in capital is in excess of $20,000.00 and not in
excess of $50,000.00 ............................................... $10.00
Where the paid in capital is in excess of $50,000.00 and not in
excess of $100,000.00 .............................................. $20.00
An additional sum of $0.03 per $1,000.00 of actual paid in capital in excess
of $100,000.00.
This tax shall not be prorated.
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Sect. 9.1-45. Junk dealers.
On every person trading in any kind of second hand article, junk, old metal,
rags, or other like commodities there shall be a license tax of $200.00.
On every canvasser or agent canvassing the County for the purpose of buying
junk or other matter for junk dealers or themselves there shall be a license
tax of $50.00.
Sect. 9.1-46. Private bankers, loan companies, building & loan associations, tc.
On every private banker there shall be a license tax of $100.00.
On every building and loan association or industrial loan association, either
or both, selling stocks, making loans, or making collections there shall be
a license tax of $50.00.
On every building and loan association which does business on a purely mutual
plan there shall be a license tax of $50.00.
No license tax provided for in this section shall be prorated.
Sect. 9.1-47. Coin-operated machines and operators.
The license tax on each coin-operated machine or merchandise vending machine
of any description, which machine is not prohibited by law, into which are
inserted coins of any denomination, to dispose of articles or merchandise
or for the purpose of operating devices that operate on the coin~in-the-s1ot
principle, which machines are used for gain, except as a pay telephone, shall
be $12.50 except as follows:
1. On each coin-operated musical machine or musical device that operates
on the coin in the slot principle ................. ....... ..... $ 5.00
2. On each coin operated vending machine used solely for the sale
of candy and operated on the premises of moving picture or other
thea ters ..................................................... 5.00
-'
3. On each coin operated vending machine used solely for the sale
of candy operated on the premises of any person conducting any
1 awful bus i ness other than a theater ........................ 10.00
4. On each amusement machine operated by the insertion of
one cent ....................................................
2.00
5. On each machine used solely for the purpose of selling
shoestrings, chewing gum, peanuts or peanut candy, or
postage stamps, and on each weighing machine ... ...... .......
6. On each machine for the sale of agricultural products,
soft drinks, or cigars......................................
7. On each vending machine operated on premises for which a
tobacco retailer's license has been obtained and used solely
for the sale of cigarettes..................................
1.00
3.00
3.00
8. On each miniature pool table in the operation of which
nickels or coins of larger denomination are used ......... ...
9. On each vending machine operated by the insertion of
one cent -- for each machine ....... ..... ................ ....
10.00
1.00
10. On each vending machine used solely for sale of peanuts,
peanut candy and peanut butter sandwiches and creme sandwiches and
operated by the insertion of a coin or coins of any demonination ..3.00
11. Automatic baggage or parcel checking machines - for each
receptacle................................................... .15
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12. *On each coin operated washing machine ..................... 2.00
13. *On each coin operated drying machine...................... 2.00
14. *On each combination coin operated machine that does both
washing and drying .............................................. 4.00
15.
*On each coin operated ironing machine
2.00
16. *On each coin operated vending machine used to vend dyes,
soaps or detergents ............................................. 2.00
17.
On each coin change making machine
1. 00
18. On each coin operated machine used solely to vend surface
travel accident insurance policies ... ........................... 2.00
19. On each coin operated, self service drycleaning machine
10.00
20. On each coin operated vending machine used for the
sale of plastic bags............................................ 2.75
21. On each coin operated device located on the premises of a self
service car washing establishment used to dispense materials or to
provide equipment for washing, drying, cleaning or waxing motor vehicles,
effective for license years beginning on & after January 1, 1975 5.00
22. On each coin operated kiddie ride machine used solely for the
amusement of children.......................................... 2.00
23. For each coin operated sole buffer machine .......... ...... 10.00
24.
For each coin operated horoscope
10.00
25. For each coin operated key chain machine.................. 10.00
26. For each coin operated binocular viewing machine .. ... ..... 10.00
27. For each coin operated ball cleaning machine .........~. ... 10.00
28. On each coin machine operator ... ......... ... .... .......... 500.00
This section shall not apply to coin-operated machines or merchandise
vending machines when:
a. They are candy vending machines under the ownership or supervision of any
State commission of State agency;
b. They are used solely for the purpose of selling individual sanitary
drinking cups, natural water or sanitary napkins;
c. They are sponsored by, or under the auspices of a local religious,
education or military organization or civic club when at least fifteen percen
of the gross intake of such machine is exclusively devoted to the needs or
objectives of such an organization, civic club or some purely charitable
purpose.
Tax on an individual machine cannot be prorated; none of such licenses is
transferable except a license on anyone of the five kinds of machines that
are preceded by an asterick.
Sect. 9.1-48. Trading stamps.
For furnishing or supplying for consideration to others to use in, with or
for the sale of goods, merchandise, or commodities, stamps, coupons, tickets
or similar devices which entitle the person receiving the same with such sale
to procure goods, merchandise, or commodities free of charge or for less than
the market price thereof, or to receive cash for such premium stamps the
following tax is imposed:
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12-27-74
If value of premium stamps sold in preceding years did not exceed
$10,000 ......................................................... $50.00
If value of premium stamps sold in preceding year exceeded $10,000, $50.00 on
the first $10,000 and 25~ per $100.00 upon all in excess of $10,000.
Sect. 9.1-49. Hospitals, nursing homes, convalescent homes, etc.
On every privately owned hospital, nursing home, convalescent home or
similar institution containing not more than ten beds there shall be a license
tax of $5.00. On every such hospital, nursing home, convalescent home, or
similar institution containing more than ten beds there shall be a license
tax of $5.00 and for each additional bed in excess of ten there shall be an
additional tax of $1.00 per bed.
This amendment to take effect on January 1, 1975.
On motion of Supervisor Hilton, seconded by Supervisor Dodson and
adopted by the following recorded vote:
AYES:
NAYS:
Mr. Dodson, Mr. Flora, Mr. Hilton, Mrs. Johnson, Mr. Seibel
None
IN RE:
RESOLUTION NO. 1167 RELATING TO CERTAIN
ACTIONS HERETOFORE TAKEN BY THE FIFTH
PLANNING DISTRICT COMMISSION
WHEREAS, the Board of Supervisors had heretofore express concern in
regard to certain actions taken by the Fifth Planning District Commission in
the awarding of a contract for a water quality management study; and
WHEREAS, the Board of Supervisors is desirous of having the County
Attorney insure that the interests of Roanoke County in said water quality
management study and in all other actions taken by the Fifth Planning District
Commission be protected.
NOW, THEREFORE, BE IT RESOLVED by the Board of Supervisors of
Roanoke County that said Board hereby directs that the County Attorney take al
necessary steps to insure that the interests of Roanoke County in actions
heretofore taken by the Fifth Planning District Commission in awarding a
contract for a water quality management study and in all other actions be
fully protected.
On motion of Supervisor Hilton, seconded by Supervisor Dodson and
adopted by the following recorded vote:
AYES: Mr. Dodson, Mr. Flora, Mr. Hilton, Mrs. Johnson, Mr. Seibel
NAYS: None
12-27-74
101
IN RE: BINGO PERMIT - FORT LEWIS RESCUE SQUAD
Supervisor Hilton moved that the request of Fort Lewis Rescue Squad
for renewal of their Bingo Permit be approved to become effective January 8,
1975 for a period of one year.
The motion was seconded by Supervisor Johnson and adopted by the
unanimous voice vote of the Board.
IN RE:
REFERRED TO THE PLANNING COMMISSION
On the motion of Supervisor Hilton, seconded by Supervisor Johnson
and the unanimous voice vote of the Board, the following item was this date
filed and referred to the Planning Commission for its recommendation:
Request from Bridlewood Associates for an amendment to the
County Subdivision Ordinance in regard to IIprivatell
subdivisions.
IN RE:
COUNTY PAYROLLS
On the motion of Supervisor Flora, seconded by Supervisor Johnson
and the following recorded vote, the County Payrolls (Semi-monthly 12/13/74)
(Bi-weekly 12/20/74) and (Semi-monthly 12/30/74) were approved for payment in
the gross amount of $151,883.09 from which the sum of $19,752.31 F.I.T.,
$3,638.44 State Tax, $8,086.70 F.I.C.A., $3,309.75 Blue Cross, $4,955.06
VSRS, $665.40 L.I., $144.00 ACC, $275.69 T.P., $179.60 A.F., $187.54 S.B.,
$81.34 U.F., $151.50 Misc., are deducted leaving a net payroll of $110,455.76.
AYES:
NAYS:
Mr. Dodson, Mr. Flora, Mr. Hilton, Mrs. Johnson, Mr. Seibel
None
IN RE:
ACCOUNTS FOR PAYMENT
On the motion of Supervisor Flora, seconded by Supervisor Hilton
and the following recorded vote, the current bills totaling $226,154.54 and
the bills paid since last Board meeting totaling $21,604.18 were today
approved presently and retroactively.
AYES: Mr. Dodson, Mr. Flora, Mr. Hilton, Mrs. Johnson
NAYS: None
ABSTAINING: Mr. Seibel
The Financial Statement for the month of November, 1974 was
received by the Board.
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12-27-74
IN RE:
NOTICE OF INTENTION TO ADOPT AN ORDINANCE GRANTING
A FRANCHISE FOR C.A.T.V. IN ROANOKE COUNTY
BE IT RESOLVED by the Board of Supervisors of Roanoke County that
said Board will consider the sdoption of the following described ordinance at
its meeting to be held on January 28, 1975, at 7:30 p.m. at the Salem-Roanoke
Valley Civic Center:
AN ORDINANCE granting to Roanoke Valley Cablevision, Inc. the
right for a term of 15 years and upon certain terms and conditions
stated in the full ordinance, to use the streets, alleys and public
ways upon obtaining all necessary approvals from all individuals
and regulatory agencies to erect, construct, operate and maintain
a community antenna television system and to construct, install
and maintain, upon obtaining all necessary approvals from all
regulatory agencies and individuals, poles, wires, conduits and
appurtenances necessary to the sale and distribution of C.A.T.V.
services in and along the streets, alleys and other public ways
in Roanoke County, Virginia; establishing conditions controlling
the exercise of said franchise and the sale and distribution of
C.A.T.V. services and regulating the manner of using the streets,
alleys, and public ways.
A copy of the full text of the ordinance is on file in the Clerk's
Office of the Circuit Court of the County of Roanoke and is also on file in
the office of the County Administrator of Roanoke County. A copy is also
posted at the front door of the Roanoke County Courthouse.
On motion of Supervisor Hilton, seconded by Supervisor Johnson and
adopted by the following recorded vote:
AYES:
NAYS:
Mr. Dodson, Mr. Flora, Mr. Hilton, Mrs. Johnson, Mr. Seibel
None
IN RE:
WELFARE BOARD - TERM EXTENSION
Supervisor Hilton moved that the Board extend for one year the term
of Mrs. C. L. Gregson on the Roanoke County Board of Public Welfare, which
term will now end on July 19, 1976.
The motion was seconded by Supervisor Flora and adopted by the
unanimous voice vote of the Board.
IN RE:
APPOINTMENT - MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY
Supervisor Hilton moved that Mr. Billy K. Cruey be appointed to
fill the unexpired term of Dr. Charles H. Holland on the Mental Health Service
of the Roanoke Valley, which term ends on December 31, 1975.
The motion was seconded by Supervisor Dodson and adopted by the
unanimous voice vote of the Board.
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12-27-74
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IN RE:
APPOINTMENT - MENTAL HEALTH SERVICES OF THE ROANOKE VALLEY
Supervisor Johnson moved that Mrs. Verla Jo Wirth be appointed to
serve as a County representative on the Mental Health Services of the Roanoke
Valley for a term of three years ending on December 27, 1977.
The motion was seconded by Supervisor Flora and adopted by the
unanimous voice vote of the Board.
IN RE:
RESOLUTION NO. 1168 APPROVING THE EXPANSION OF
THE SERVICE AREA FOR READ MOUNTAIN WATER COMPANY,
INC., A PUBLIC SERVICE CORPORATION
WHEREAS, the Roanoke County Board of Supervisors did, on October 9,
1973, grant permission to Read Mountain Water Company, Inc. to operate as a
public service corporation in Roanoke County; and
WHEREAS, Read Mountain Water Company, Inc. has applied for per-
mission to expand the scope of its service area; and
WHEREAS, this Board is of the opinion that the expansion of the
service area of Read Mountain Water Company, Inc. is desirable and in the
public interest.
NOW, TkEREFORE, BE IT RESOLVED that the Board of Supervisors of
Roanoke County does hereby approve the application of Read Mountain Water
Company, Inc. for the expansion of its service area as shown on the attached
geodetic survey map.
On motion of Supervisor Hilton, seconded by Supervisor Flora and
adopted by the following recorded vote:
AYES: Mr. Dodson, Mr. Flora, Mr. Hilton, Mrs. Johnson, Mr. Seibel
NAYS: None
IN RE:
ORGANIZATIONAL MEETING OF THE BOARD OF SUPERVISORS
FOR THE YEAR 1975
ELECTION OF PERMANENT CHAIRMAN FOR THE YEAR 1975
The Chairman asked for nominations for permanent Chairman of the
Board for the year 1975.
Supervisor Hilton nominated Supervisor John G. Seibel for permanent
Chairman of the Board for the year 1975.
Supervisor Dodson nominated Supervisor Richard C. Flora for
permanent Chairman of the Board for the year 1975.
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12/27/74
There being no further nominations, Supervisor Hilton moved that the
nominations be closed.
Richard C. Flora was elected permanent Chairman of the Board for
the year 1975 by the following recorded vote:
Mr. Dodson: Mr. Flora
Mr. Flora: Mr. Flora
Mr. Hilton: Mr. Seibel
Mrs. Johnson: Mr. Flora
Mr. Seibel: Abstaining
IN RE:
ELECTION OF PERMANENT VICE-CHAIRMAN FOR THE
YEAR 1975
Supervisor Hilton nominated Supervisor John G. Seibel for
permanent Vice-Chairman of the Board for the year 1975. There being no
further nominations, Supervisor Johnson moved that'the nominations be closed.
John G. Seibel was elected permanent Vice-Chairman of the Board for
the year 1975 by the following recorded vote:
AYES: Mr. Dodson, Mr. Flora, Mr. Hilton, Mrs. Johnson
NAYS: None
ABSTAINING: Mr. Seibel
IN RE:
ADOPTION OF RULES OF PROCEDURE
Chairman Seibel then proposed the establishment of the procedure
to be used by the Board for the next year.
Supervisor Hilton moved that the Board adopt Robert's Rules of
Order as the rules of procedure to be used by the Board.
The motion was seconded by Supervisor Johnson and adopted by the
unanimous voice vote of the Board.
IN RE:
RESOLUTION NO. 1169 CHANGING THE MEETING TIME
OF THE BOARD OF SUPERVISORS
WHEREAS, the Board of Supervisors of Roanoke County has heretofore
established its meeting times as 1:00 p.m. on the second Tuesday of each
month and 7:30 p.m. on the fourth Tuesday of each month; and
WHEREAS, said Board is desirous of changing the meeting time of its
regular meetings to 7:00 p.m. on the second and fourth Tuesdays of each month
for the benefit of the citizens of Roanoke County.
._ .1
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12-27-74
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THEREFORE, BE IT RESOLVED by the Board of Supervisors of Roanoke
County that said Board hereby establishes the meeting time for all regular
meetings of the Board of Supervisors as 7:00 p.m. on the second and fourth
Tuesdays of each month.
BE IT FURTHER RESOLVED that a copy of this resolution be posted on
the door of the Courthouse and published in the Roanoke World News once a
week for two successive weeks prior to this resolution taking effect; said
resolution being effective with the first meeting in February, 1975.
On motion of Supervisor Johnson, seconded by Supervisor Flora and
adopted by the following recorded vote:
AYES: Mr. Dodson, Mr. Flora, Mrs. Johnson
NAYS: Mr. Hilton, Mr. Seibel
Prior to the vote on the foregoing resolution, Supervisor Hilton
offered a substitute motion that the meeting time of the Board remain the
same as in the past; 1:00 p.m. on the second Tuesday and 7:30 p.m. on the
-
fourth Tuesday of each month.
Chairman Seibel relinqueshed the Chair to Vice-Chairman Hilton and
seconded the motion which was defeated by the following recorded vote:
AYES:
NAYS:
Mr. Hilton, Mr. Seibel
Mr. Dodson, Mr. Flora, Mrs. Johnson
This concluded the business before the Board at this time and on
the motion of Supervisor Flora, seconded by Supervisor Johnson and the
unanimous voice vote of the Board, the meeting was adjourned at 2:10 p.m.
CHAIRMAN
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