Story - The Meade County Messenger


Vol. 114, No. 40	October 3, 2007

Attorney concerns, master plan and animal issues also discussed

By LARRY SEE JR.
Messenger Staff

In addition to the discussion regarding the carrying of a weapon by Hank Schaffner, members of the planning and zoning commission and Fiscal Court touched on other issues.

Chief among them was the possibility of hiring another attorney, in place of county attorney Margaret Matney, to process complaints and advise the commission on zoning issues.

“At times we have a difficult time getting legal assistance,” P&Z chairman Cheryl Gibson said.

Judge Executive Harry Craycroft said all matters should still be referred to Matney’s office and said, if she didn’t have an immediate answer, she would be able to get them one.

Schaffner had removed some cases from her office, because they weren’t progressing through the courts.

“She informed me, as the county attorney, that these were not high enough priority for her and that she had no time to place them on the docket,” Schaffner alleged.

“Most of these cases should start at district court and then work their way up,” Craycroft said. “I know I would not be a happy camper if I were a circuit court judge and this came across my desk. These should start at the district court level.”

Craycroft said the county attorney still needed to deal with the cases, even on the district level.

Schaffner had five cases that needed to be filed in district court and the same number on the circuit court docket.

Matney said, a few months ago, Schaffner asked for all of the cases back he had previously given her, telling her if she was not going to move forward with them, he would seek private counsel.”

Matney urged the office staff to come visit her and discuss the issues.

“You have not visited our office in several months,” she said, adding she doesn’t know the status of any cases.

Schaffner said when issues are brought before district court judges, one automatically assigns a public attorney, which he said is against the law, while the other doesn’t.

“I’m not trying to take anything away from anybody,” he said. “For the big cases, we try to take them to circuit court, as they are very quick and they don’t drag them out forever. One district court case took four years.”

He said most of the cases are cleared within two to three months.

Magistrate Steve Wardrip was against giving the commission power to hire their own attorney.

“We did learn some things from the 109 Board and I will never go that way again,” he said. “I just don’t think we need another attorney.”

Wardrip said if the issue came before Fiscal Court, his vote would be not to let them hire an attorney.

Craycroft said one way for the county to approve the position would be to have Fiscal Court amend the budget and the department find the necessary funds.

“We need help,” Gibson said. “I understand the heavy workload the county attorney is under, but we need some legal help.”

On the horse issue, Gibson said the commission was abiding by state statutes, as well as their own ordinance.

Craycroft said that matter was being worked on and expected a resolution shortly. He thought the matter might be shifted to the animal control department.

Planning commission vice chairman Alan Flaherty urged magistrates to offer assistance for eventual adoption of the county’s comprehensive master plan.

A steering committee has been formed and one public session held on the document, with another planned soon for the county’s western section.

One resident, during public comment, said if the county didn’t have a code enforcement officer and a backlog of court cases, it looked to him like the planning and zoning department was dead.

Former 5th District Magistrate Kent Allen said the Fiscal Court put planning and zoning in against the wishes of county residents.

He also said, while it may be legal to carry a weapon, a lot of people don’t think it is right to do so.

He also said planning and zoning members needed to realize Fiscal Court was the governing body and to work with them.

Another resident said horses bring a lot of revenue to the county, as owners need to support a vet, a farrier and visit the tack shop.

“It’s not the acreage,” she said. “It’s the care of the animals.

Flaherty said if residents didn’t like the present laws, they should travel to Frankfort and lobby for change.

In conclusion, Gibson appreciated the exchange, adding it was very honest and forthright.

“I’m hoping we might take tonight and build on it and come up with something,” she said.

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