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Magistrate clarifies role in sign ordinance dispute; P&Z chairman apologizes

By JIM BROOKS
Nelson County Gazette / WBRT Radio

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JEFF LEAR

Friday, June 27, 2014, 11 p.m. — In a letter dated Thursday, June 26, 4th District Magistrate Jeff Lear expressed strong disagreement with conclusions stated by Planning Commission Chairman Todd Johnson in a response to a complaint about planning and zoning administrator Janet Johnston-Crowe.

Lear’s aunt, Rosemary Humkey, owner of Bardstown Barber Shop, filed a complaint Tuesday alleging that planning and zoning administrator Janet Johnston-Crowe “was rude, inappropriate, unprofessional, hostile and threatening” in discussions about Humkey’s car-mounted business sign being in violation of city’s sign ordinance.

In the response to Humkey’s complaint, Planning Commission Chairman Todd Johnson wrote that Humkey’s decision to consult with her magistrate may have clouded the issue because of the significant differences between the city and county’s sign ordinances.

“It is our understanding that you that were advised by your Magistrate, using his understanding of the county’s ordinance, which added confusion,” Johnson wrote.

Lear made it clear in his letter he did not advise his aunt in the manner the letter suggests.

Lear said he told Humkey her shop fell under the city’s sign ordinance, and told her where she could download copies of the city and county sign ordinances. He said he also suggested she find the part of the city’s sign ordinance with which she disagreed with Johnston-Crowe’s interpretation and file an appeal.

“I don’t know how you came to the understanding that I, as Ms. Humkey’s Magistrate (and nephew), advised her using my understanding of the County’s ordinance,” Lear wrote in a letter dated June 26. “Nothing could be further from the truth.”

Lear said he wanted to let the planning commission know “that whoever led you to this false understanding did so out of ignorance of the facts or dishonesty.”

Lear said he was offended that Johnson concluded Lear was confused about the jurisdiction of the county’s sign ordinance without contacting him first. In closing, he asked that his letter be placed in Johnston-Crowe’s personnel file with Humkey’s original complaint and the planning commission’s response.

After receiving media requests for comment on Lear’s letter on Friday, Johnson provided the media a copy of his response.

In the email, Johnson thanked Lear for the clarification and apologized for not contacting him about the matter.

“Unfortunately, your input was misrepresented to Jan and therefore secondarily to me,” Johnson wrote in the email. “In my already busy day, I seem to have allowed the pressure of getting a response out prior to the press releasing a one-sided story get the best of the situation.”

Johnson noted in his email had advised Humkey earlier Friday that he considered the matter was closed.

“Enforcement of the City and County ordinances is a thankless job,” Johnson wrote. “It is one that the silent majority enjoys the benefit of and the occasional few do not. Our community is lucky to have such a conscientious administrator as Jan.”

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