Vol. 115, No. 18
April 30 , 2008

Fort Knox language issue sent back to steering committee

By LARRY SEE JR.
Messenger Staff

Members of the steering committee, tasked with developing the county’s comprehensive plan, are expected to have another meeting to fine tune necessary language for the plan’s accommodation of Fort Knox.

A meeting date hasn’t been set, but all in attendance agreed there wasn’t a real urgency to the matter, despite the fact Planning and Zoning Director Barbara Campbell and secretary Dianna Fackler have resigned their positions, effective April 30. In addition, the contract with the Louisville-based consultant, HNTB, has concluded.

During the 90-minute work session April 22, Meade County Judge Executive Harry Craycroft also accused Fort Knox officials of violating their internal buffer zone, as it relates to training.

“I also know, for a fact they are violating their own training rules,” Craycroft said. “What good is a buffer zone then.”

Chief of the Military Law and Ethics Division at Fort Knox, Peter Hill, a Meade County resident, countered with the fact Fort Knox had been in place for 60 years and indicated Craycroft needed to take a wider view of the matter.

“You need to look out 25 years, 10 years and determine where will you be and what will the pressure be at Fort Knox,” he said.

Craycroft said state statutes indicate the county needs to accommodate Fort Knox, but they were silent on how. He discussed the issues with Fort Knox officials and agreed with their recommendation a notification be included to any new property owner they’re locating near a military reservation.

Local real estate agent Mickey Chism wholeheartedly agreed with the notification requirement, adding he dealt with it daily. Chism already makes prospective buyers aware there is a military reservation nearby and the noise and dust pollution which could occur.

Chism questioned whether a buffer zone was necessary, adding he thought if people saw it in writing they might be leary of it.

Hill said Fort Knox officials weren’t asking for a specific buffer zone limit, adding they sought a general description, something appropriate for the comprehensive plan.

Hill also confirmed the majority of complaints from residents around Fort Knox arrive from Hardin and Bullitt counties, due to their proximity to the tank firing lines.

It was questioned whether Meade County could receive funding for a buffer zone purchase program, similar to funding Fort Campbell received.

Hill explained Fort Campbell was in a different situation, due to the numerous helicopters which fly in and out there. He said Fort Knox has received some buffer funding, but officials opted to let the Lincoln Trail Area Development District handle it.

“If we give them a mile today, then in two years we will give them two miles and then they (Fort Knox) come back and want five miles. At that time Meade County will not even exist,” Craycroft said,

“I don’t know of anyone here who thinks that is a realistic argument,” Hill said.

Craycroft said with the county’s makeup most houses are placed on four to five acres just to ensure there is enough space to allow for proper septics.

“If that’s the case, where is the point in your argument,” Hill said. “You are discussing the contour of the land and the hydrology. You’re already limiting development. That is your point.”

“That is not my argument,” Craycroft said.

Craycroft argued if officials placed a one-mile buffer zone, as Fort Knox officials proposed, that would decrease the land price.

“The price of my land would go to half value and that’s all I have,” he said.

Planning Commissioner Sonja Redmon questioned Craycroft where he came up with the half cost figures.

Magistrate Mark Hubbard took the matter one step further, adding if officials were considering a disclosure statement for the area around the fort, they ought to consider one for the entire county.

He stated due to large amount of farms, they could be classified as producing noxious odors and dust.

Hubbard questioned who would be responsible for enforcing the policy, referring to the fact the county was without a code enforcement officer.

It was suggested officials could rely on real estate agents, individuals and attorneys in hopes they would orchestrate the matter.

Magistrate Randall Hardesty endorsed the countywide disclosure, indicating the presence of rock quarries in his district could affect residential prices.

Chism summed up the matter by saying the issue was the buffer zone, indicating he thought members were relatively supportive of the disclosure requirements. He also said a lot of residents are relocating to Meade County, in particular the southern and eastern areas, to be close to Fort Knox and Elizabethtown industries. He also said the comprehensive plan encouraged the placement of small convenience stores in the center of subdivisions, something which was practically unheard of about five years ago.

“The buffer zone has got to go,” Craycroft said. “I’m not going to do that. I don’t want to do that for the Corums, the Richardsons and the other people. I think this is the only right and fair thing to do and it doesn’t restrict out some of these things.”

Craycroft said if steering committee members removed the buffer zone designation and inserted the disclosure requirement he felt the rest of the matter would “work itself out.”

Chism understood that argument, but felt the county may pay the price later for that decision, prompting Craycroft to add the county needed to review the plan in five years.

Hill said the comprehensive plan needed to be the county’s goals and vision. “It needs to be what Meade County is going to look like in 2012 or 2013. You need to take into consideration the long-term interests of the county,” he said.

Hill asked if there were any alternatives Craycroft would consider, or if there would be any buffer zone at all that he would find acceptable. Craycroft replied he didn’t like the buffer zone.

Craycroft reiterated after these changes he thought the plan was ready for adoption, adding he thought everyone was in agreement with it.

“I don’t think it matters if we’re going to agree,” Tim Gossett said. The original plan was presented to Fiscal Court in January, and they have wrestled with it since.

It was mentioned when the steering committee completed the comprehensive plan in late December, there was a brief discussion about the buffer zone. At the time the committee directed Campbell to research the issue, resulting in a meeting between herself, Fort Knox and HNTB officials which culminated in the language being added.

“Nothing was swept under the rug, as you’re trying to insinuate,” Campbell said. Her comments were supported by Magistrate Tony Staples.

County Attorney Margaret Matney questioned if magistrates would disclose too much, adding there could be such things as lights from the ballparks, rock quarries, railroads and farms. Hardesty said by doing so county officials were protecting themselves.

Craycroft acknowledged the hangup was the buffer zone, indicating when you put something like that in there it will cost someone and decrease their property values.

“If it is left in there the way it is, it is going to affect farmers and the land right there next to them,” Craycroft said.

Matney said, in her time as a private attorney, she had to draft disclosure requirements, but also said the matter could be characterized as “buyer beware.”

“I would not even begin to justify this,” she said, adding it would create a lot of work.

Craycroft said he saw no problem if prospective residents were told they lived in the vicinity of the military installation, adding it was the choice of the steering committee,

“This plan is not law, it is not an ordinance,” Matney said. “It is something that you want the county to do. I can’t enforce the comprehensive plan in court. Taking a cue from Mr. Hill, this is painting broad strokes as to what we want the community to be.”

Craycroft reiterated steering committee members needed to have the disclosure included in the plan.

Matney said they needed to consider what type of disclosures they were going to offer.

Chism said it could be as easy as making the local attorneys aware of the disclosure, adding this would be the same as any attorney does when dealing with deeds.

Matney reminded those, according to state statute, the county needed to state what was being done to accommodate Fort Knox. The comprehensive plan, without such language, would be in violation.

“Fort Knox asked for a buffer zone to discourage development in the area of the reservation,” Matney said. “They also asked for a disclosure statement and you are trying to decide what you want to do.”

Matney said the group needed to decide how they were going to make the statement and how they were planning on accommodating Fort Knox.

“I think based on information from Fort Knox and previous meetings that accommodations have been made for Fort Knox,” she said. “Prior to updating this you need to decide if this is sufficient for what you need or if you need to make more accommodations.”

Craycroft said if the steering committee wanted to, since they have been involved in the entire process, they could meet again to revise the document.

“It looks like we’re only dealing with two pages pretty much,” Craycroft said.

Chism, while not advocating another meeting, thought the steering committee could address the issue once more.

“I’m willing to do it, but I hate to go to another meeting,” Chism said.

“They are the ones who have been involved in the whole process,” Craycroft said.

Gossett felt it could be discussed, but wanted to have HNTB representation present, at least to guide them.

“You can do it and then put it to them,” Craycroft said. “But the president of the company is a retired general. He won’t say anything negative.”

Gossett asked if there were any funds to facilitate one more meeting. Campbell said there weren’t any leftover funds, adding the last meeting they had funded was the final meeting with Fiscal Court.

It was also stated whatever the steering committee determined would have to be passed through the planning commission and then to Fiscal Court.

“This does not need to be done this week or next week,” Craycroft said. “But we do need to get it on the burner to get it through there.”

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