May 11, 2010,
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Heavy rains result in flooding in
Lewis County - City Council wants to reinstate
income from Plant Board - Items stolen from road department
garage found - Big Boy Applegate is constable candidate - Deputy
warns students about cyber-bullying
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in Lewis County result in flooding
Rains over a 36 hour period across the area
resulted in flooding and damage to homes, roadways and utilities. Those rains on
May 1 and 2 caused creeks and streams to overflow their banks and find their way
into several homes.
An estimated six inches of rain fell in Lewis
County during that weekend resulting in numerous road closures and the
cancellation of classes for Lewis County students on Monday, May 3.
remain in close contact with federal officials, including conversations with
President Barack Obama and other White House officials, as well as Homeland
Security Secretary Janet Napolitano,” said Gov. Steve Beshear on Friday.
pledged their assistance, and I will continue to work to ensure Kentuckians get
the support they need to recover from this disaster.”
reported in several homes, primarily along Kinniconick Creek, in Lewis County.
FEMA officials were in Lewis County on Friday to perform individual assessments
and begin the task of funneling aid funding to the county to pay for damages
caused by the flood waters.
Executive Steve Applegate accompanied FEMA personnel on Friday as they began
preliminary damage assessments (PDA) here.
teams which made visits to the most heavily hit counties Friday include
personnel from local emergency management, local elected officials, Kentucky
Division of Emergency Management (KyEM), Kentucky Transportation Cabinet (KYTC),
Kentucky Department of Public Health , Kentucky National Guard (KyNG) and FEMA.
Beshear applauded the people working
to help Kentuckians recover from the storm. “I am especially grateful for the
help of our local officials and emergency management workers – I
appreciate their quick response and
long hours,” Beshear said. “I know our citizens are thankful for their
efforts as well.”
High water forced the closures
of several sections of state and county roadways in Lewis County Sunday and
well into Monday. Kentucky Routes 344, 989, 1021, 3311 and 377 were closed
to through traffic. Sections of Kentucky Rt. 59 were reduced to one lane
Applegate estimated damages in excess of $200,000 to culverts, bridges
and roadways in the county.
He said all road department employees were deployed as rain continued
to fall on Sunday and workers continued to clear debris from roadways
throughout the week. He said others were contracted to help in making
repairs as quickly as possible.
Applegate declared a State of Emergency for the county on Monday
morning. Applegate said it is the first step in a process to receive state
and federal funds to help with the repairs.
Applegate said damage was spread across the county and didn’t seem
to be limited to particular locations in the county as previous floods had
been. He said eight homes reportedly received severe damage from the rushing
flood waters along creeks. He added that a sawmill operator had reported
losing $15,000 worth of logs when they were carried away by the flood water.
Electric Plant Board Superintendent Eric Bloomfield said there were a
few power outages as a result of some trees and limbs coming into contact
with power lines. He said some water lines running beneath creeks had been
washed out and had to be repaired. Those resulted in some boil water
advisories being issued.
said he urges anyone who owns property damaged by the flood to contact his
office so officials can report it to the proper agencies. He said property
owners may be eligible for assistance as a result of the flood.
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Council wants to reinstate income from Plant Board
By Dennis Brown
City Council heard the first reading of an ordinance last week which, if
adopted, will reinstate payments to the city from the Electric Plant Board.
ordinance was read during the regular council meeting on Monday. It states that
the payment will “serve as a return on the City’s investment in the Electric
ordinance calls for annual payments totaling six percent of the total fund
equity of the Electric Plant Board as of the June 30, 1996 Audit. The equity
amount, according to the audit, is $7,530,545.00.
amount would be payable in 12 monthly installments of $37,652.73 and would begin
on June 1.
ordinance also calls for the Plant Board to contribute “the sum of
$110,087.73, for the months of February through may of 2010, wherein said
payments were not received and the sum of $4,500.00 for costs incurred in legal
fees and expenses related to the research of this issue.”
ordinance further states that . . .”after the establishment of proper
reserves, if any, and after complying with the above provisions of KRS
96.810(1), any surplus of proceeds shall be devoted solely to the reduction of
rates by the Electric Plant Board.”
ordinance also calls for the Plant Board to furnish monthly information and
reports regarding the funding, income, receipts, disbursements and expenses of
the Plant Board. The Plant Board’s auditor will also be chosen annually by
Vanceburg City Council, if the ordinance is adopted following the second
ordinance also states the Plant Board will charge the city and all departments
for any electric service at the rates applicable to regular customers, except
late fee charges will not be applicable. The ordinance
would not require the city to pay for natural gas, water or sewer provided
by the Plant Board.
Board members and Plant Board Superintendent Eric Bloomfield were present for
the meeting to hear a presentation concerning the Combined Sewer Project by
Kevin Cornette with Buffalo Trace. Council member Roy Lawson was not able to
attend the meeting due to illness and Plant Board member Gayle Massie was also
unable to attend.
had scheduled a special meeting for Noon on Thursday, May 6, for the purpose of
holding the second reading of the ordinance. The Plant Board scheduled a special
meeting for 6:00 p.m. on Wednesday, May 5, for the purpose of discussing pending
litigation. Both of those meetings were cancelled before they were set to
The Plant Board had followed the recommendation
of auditor, Greg Caudill with Caudill and Associates CPAs in Portsmouth, Ohio,
to cease annual payments-in-lieu of taxes to the City of Vanceburg each year and
to begin charging the city for utilities it consumes. Caudill cited Kentucky
statutes in the recommendations outlined in the audit report submitted to Plant
The payments to the city totaled $289,740 for
fiscal 2008-09 and the monthly utility bills the city now pays to the utility
company come to about $7,000 a month.
Bloomfield said the Plant
Board and its management were not included in any discussions concerning the
ordinance and had no prior notice of the first reading of the ordinance.If
the ordinance is adopted, the Electric Plant Board will pay the
city the amount of $37,652 each month ($451,832.76
annually) going forward.
said the payment spelled out in the ordinance is 55 percent more than the
previous monthly payment of $24,145.
attorneys for the City and the Electric Plant Board have differing opinions
on what the statutes permit regarding payments from the Electric Plant Board
to the City,” he said.
Electric Plant Board has asked the City to cooperate with them in seeking an
opinion from the Attorney General’s Office in order to clarify the issue
and ensure compliance with Kentucky law,” Bloomfield added.
Angie Patton said the payments from the city owned Plant Board comprise
about one-third of the general fund and without the payments many services
to the residents would be greatly reduced or eliminated.
said the city’s police and fire departments would be among the first to
suffer from the funding reduction. City employees could see a reduction in
benefits and there could be layoffs if the revenue isn’t reinstated or
other sources aren’t found.
had earlier dropped the annual clean-up event and cut back on mowing and
trimming in the city citing the costs as a reason.
Plant Board has been making payments to the city since 1996 after the city
owned utility system was reorganized as a result of a lawsuit concerning an
electric coverage area at St. Paul.
meeting to hold the second reading of the ordinance had not been scheduled
by press time. The next regular meeting of Vanceburg City Council will be at
5:30 p.m. June 7.
other business last week, Kevin Cornette with Buffalo Trace ADD told council
members a Community Development Block Grant of $500,000 has been approved
toward the construction of a fire house/community center for the city.
told council members that approval of an application for $225,000 Rural
Development is anticipated. The grant portion of the amount will be $75,000
and $150,000 will be a low interest loan.
had told council members the project should be completed in time to allow
the city to apply for another Community Development Block Grant to help pay
for improvements to the city’s sewer system.
improvements, which will separate the storm drain system from the sanitary
sewer system, are mandated by court order and are expected to cost about $6
million. Work on the project is expected to get underway this fall.
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Items stolen from county
road garage found
Authorities have recovered some of the items stolen from the Lewis County
Road Department garage during a break-in at the garage last December.
A spokesman with the Lewis County Sheriff’s Department said a welder,
pressure washer and two chainsaws were recovered after police raided a warehouse
An estimated $15,000 worth of items was taken from the road department
sometime between December 4 and December 6, 2009, according to Lewis County
Judge Executive Steve Applegate.
He said a lock was broken on a door to the garage and said believes the
burglars then went inside, got a gate key and unlocked a gate. They moved a
county owned Mack truck and hooked a county owned 16-foot utility trailer to
their own vehicle and loaded it with items taken from the garage.
Applegate said the gate key was returned and the gate was locked before
the thieves. The furnace and some lights, however, were left turned on.
In all, the thieves took nine chainsaws, a welder, pressure washer,
battery charger, utility trailer, camera, global positioning system and
Applegate said stickers put on most of the equipment to identify it were
helpful in tracing it back to the county after it was found.
The Lewis County Sheriff’s Department listed the items with the National
Crime Information Center (NCIC), a database for tracking crime information.
Officers with the Lexington Police Department and the Kentucky State
Police contacted the Lewis County Sheriff's Office prior to a raid on the
warehouse about the stolen, according to the spokesman.
About half of the items taken in the December burglary were recovered,
according to the spokesman.
Suspects arrested in connection with the raid will be charged in Lexington
with receiving stolen property.
Most of the stolen equipment has been replaced through insurance.
The case remains under investigation by the Lewis County Sheriff’s
Department, Lexington Police Department and KSP.
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Applegate is Dist. Two Constable candidate
“Big Boy” Applegate has officially announced his candidacy for District Two
Constable in Lewis County.
a Republican candidate for the office, is a retired Lewis County school teacher.
would appreciate your support and vote on May 18,” Applegate said in making
“Big Boy” Applegate is a candidate for
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warns students about cyber-bullying
Indiana homicide case has been closed after the prosecutor in the case decided
to close it after a possible suspect has died.
A news release from the Indiana State Police said the 1978 Dearborn County
homicide case was closed by Dearborn-Ohio County Prosecutor, Aaron Negangard.
The release stated that on August 11, 1978, at approximately 10:00 a.m.,
Michelle Slayback, eight-years-old, discovered the body of her mother, Pennette
(Penny) J. Slayback, 28, in their home at Weaver Trailer Court in Greendale,
Indiana. The mother had been stabbed to death.
According to the release, the investigation revealed a man by the name of
Neldon G. “Kenny” Kinsel, age 32, from Vanceburg, was introduced to the
victim on August 9, 1978. A black four-wheel drive Ford pickup truck with a
white toolbox was seen in the parking area near Slayback's home after midnight
on August 11, 1978. Kinsel owned a black four-wheel drive Ford pickup truck with
a white toolbox, according to the release, and had purchased a knife at the
Dearborn County Fair but told investigators he had lost it somewhere in
Kentucky. Kinsel further admitted to investigators he had been at Slayback's
house until just after midnight on August 11.
The release stated that evidence developed during the initial
investigation was primarily circumstantial and investigators and prosecutors
felt they didn't have sufficient evidence to secure a
conviction at the time. After months of investigation, no
further evidence was obtained and the case went cold.
In 1998, the case was again reviewed by Indiana State Police detectives
and included a forensic consultation by a forensic pathologist. In the opinion
of the forensic pathologist, from a review of the initial autopsy, the time of
death occurred sometime between 11:30 p.m. on August 10, 1978, and 1:00 a.m. on
August 11, 1978, according to the release.
In January of last year Indiana State Police detectives reopened the
case and re-examined evidence and witness statements. The body of Penny Slayback
was exhumed and witnesses were re-interviewed. Detectives attempted to
re-interview Kinsel who refused to make any statements, according to the
The release stated that based upon the re-examined and new evidence,
Prosecutor Negangard made the decision to proceed with the case and called for a
grand jury investigation. Neldon G. “Kenny” Kinsel was subpoenaed to appear
before the grand jury. Mr. Kinsel took his own life on Sunday, April 25, 2010,
just before the grand jury was scheduled to convene.
After the death of Mr. Kinsel, the long-term person of interest in this
case and, based upon the recent investigation, the probable suspect in the case,
Prosecutor Negangard made the decision to close the investigation into Ms.
Slayback's homicide, according to the release.
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