TheTimesTribune.com, Corbin, KY

January 23, 2014

Ordinance to regulate car dealers


TheTimesTribune.com, Corbin, KY

CORBIN — By John L. Ross

Staff Writer

Once the business portion of the regular meeting of the Whitley County Fiscal Court resumed Tuesday night, all things appeared to proceed smoothly.

Prior to that, an issue concerning utilizing the fiscal court’s various committees — particularly the budget and road committees — brought a little tension into the mix (see the Jan. 22 edition of the Times-Tribune for that initial story).

One thing approved Tuesday will affect vehicle dealers within county limits.

Magistrates unanimously approved the second reading of an ordinance which now regulates those dealers.

The first section of the new ordinance simply describes its purpose, and establishes who this ordinance governs.

The second section explains that all auto dealers “desiring to sell or trade or conduct a sale of new or used automobiles” must have a physical place of business. That location must be easily accessible and open for business during all business hours. That place must also include an office and a vehicle storage lot, and must have a Whitley County mailing address. Also noted in Section II of the ordinance is that the sale, transfer, displaying or trading of any vehicle will not be permitted on a temporary location within the county.

“All locations must be on a permanent status,” the ordinance states.

The third section contends that the auto-selling business must “have an office in a permanent, enclosed commercial (not residential) structure on, or adjoining, the storage/display lot.” Also, the office is required to have at least 100 square feet of floor space, must be wired and have electricity, and have and use a business telephone line. Further, the office must be used only to sell/trade vehicles.

The fourth section states the storage/display lot must be at least 1,000 square feet and can only be used to show vehicles and allow customers looking at those vehicles to park.

Section V of the new ordinance requires dealers to have signage on their property identifying the name of the business, making that signage clearly visible. The sign also must be easy to read from the nearest public road with letters at least nine inches tall.

The sixth section requires dealers to have a valid license certified, which is required by state statutes and the state’s Motor Vehicle Commission. That dealer’s certificate, as well as one copy of all sales staff licenses must be conspicuously displayed in the dealer’s office.

The seventh section requires dealers to obtain a business license.

Section VIII states, “upon written application to Whitley County Judge/Executive, and for good cause shown, the Judge/Executive may grant a variance to the requirements of this ordinance subject to such conditions and provisions as the Judge/Executive deems appropriate.”

The ninth section provides that anyone caught violating any or all of this ordinance will be fined no less than $100 and no more than $500 for each violation.

“Each day a violation continues shall be deemed a separate offense,” the ordinance states.

The first reading of the ordinance came in December’s meeting, with Magistrate Jamie Fuson making the motion to accept the first reading, with a second from Magistrate Roger Wells.

Tuesday’s second reading of the ordinance had Wells motioning to approve the ordinance, with a second from Magistrate David Myers.

The ordinance was effective immediately after the approval of fiscal court magistrates.

In other fiscal court business:

— The first reading of a budget amendment concerning the receipt of a Litter Abatement Grant and other monies was unanimously approved Tuesday.

According to Judge/Executive Pat White, Jr., the amendment covers unbudgeted receipts totaling $124,419.

The ordinance states those “unbudgeted receipts” were from the general, road and jail funds.

According to the ordinance, $44,429 was the Litter Abatement Grant, and $23,471 was a federal grant slated to tackle Tackett Creek. There were also three separate listings for “reimbursements,” one totaled $16,976, another was for $9,445, and the third was for $27,391.

Fuson motioned to approve this first reading, with a second from Magistrate Robbie Brown.

— A resolution concerning the county’s personnel policy was unanimously approved Tuesday. White explained to magistrates that “the amendment was needed” involved what he called “Obamacare,” or the Affordable Care Act.

The resolution establishes which employees are eligible for benefits.

The changes approved are as follows:

Regular, full-time employees working at least 130 hours monthly will be eligible for all benefits and vacation pay subject to established requirements.

Regular part-time employees working 100-129 hours monthly are only eligible for retirement benefits.

Part-timers working less than 100 hours monthly are not eligible for any benefits.

The resolution also states that full- or part-time employees required to work on New Year’s Day, Christmas, Christmas Eve and/or Thanksgiving will be paid their regular pay as well as holiday pay.

Brown motioned to approve the resolution, with a second from Myers.

— An inter-governmental agreement concerning a federal inmate agreement with the Federal Bureau of Prisons never made it to the voting stage Tuesday.

It was learned during the meeting that Whitley County Jailer Ken Mobley “did not believe it was in the best interest for the jail.”

A motion was made by Myers to “disapprove” of the agreement, but even that died with the lack of a second.

No other comments were made concerning this potential agreement.