October 20, 2009, News Headlines.
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Plant Board going into winter with less money than usual - Magistrates hear proposals on health care for inmates - School board members see Web upgrades - Court of Appeals to hear cases locally - Anthony Silvey is candidate for PVA

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Plant Board going into winter with less money than usual

By Dennis Brown

Meeting in regular session last week, the Vanceburg Electric Plant Board learned that the utility company will be going into the winter season with less financial reserves than usual.

Plant Board Superintendent Eric Bloomfield told board members that the seven monthly payments of $51,000 each to the company’s electric supplier, coupled with other factors, has resulted in the utility company going into the winter months with less money on-hand than he had hoped.

The monthly payments are the result of a “true-up” in which the local utility company pays the supplier based on actual costs of producing electricity for the previous year. The true-up payments are in addition to the monthly payments made to the supplier after the supplier has determined actual rates based on costs.

Bloomfield said the monthly cost for purchased power has increased and that, due to the mild summer, sales for electricity to their customers are down about 20 percent from the previous year.

Bloomfield said the utility company is now purchasing natural gas and putting it into storage for the winter months at a much lower rate than the cost was only a few months earlier.

He told board members that the utility company had received an assessment of about $29,000 following a recent state sales tax audit and said he would be appealing the assessment to try to get it lowered.

Bloomfield said part of the assessment was related to sales tax on school tax and a large portion of the assessment was a result of not charging sales tax on second meters and non-residential meters.

Bloomfield updated board members on progress being made on a project to separate the storm sewer from the sanitary sewer system in Vanceburg.

He said the project must be completed by January 2012, as mandated by the Environmental Protection Agency, and is expected to cost about $5 million.

Funding, he said, is expected to be financed primarily through grants, including a $2 million EDA grant, $500,000 ARC grant, $1 million Community Development Block Grant, $300,000 EPA grant and $500,000 in state and federal

 appropriations.

Bloomfield said that to qualify for the direct federal grant money the utility company must follow procurement guidelines and develop a facility plan along with an environmental impact study.

He estimates the facility plan will cost about $30,000 and said the environmental impact study will run about $500,000. That process, including procurement of engineering, is estimated to take from 18 to 24 months.

In other business, Bloomfield reported that an application for grants to purchase electric generators for the utility company had been denied. He also told board members a grant that had been approved by the state in 2006 and had been assigned to another project could not be received without an act by state legislature.

He told board members that a $500,000 grant had been applied for to construct a section of six-inch water line and add three new fire hydrants in the Meadowbrook and Indian Hills area. He also reported that the project to separate the combined sewer system in Vanceburg had been placed at the top of the funding list for the Buffalo Trace Area Development District.

Plant Board members approved an application to FEMA for reimbursement to repair storm damage and approved financial reports and payment of invoices before adjourning.

He said that cushion has been depleted since the utility company had to pay a “true-up” to the electric supplier. He said a true-up is the amount paid each year after the supplier assembles all the costs and then bills utilities for the amounts above what was paid each month, as called for in their contracts.

He said the true-up paid to AEP this year was about $460,000, up from about $40,000 in previous years. He added that the utility company is now paying above market rate for power.

Bloomfield outlined some of his goals and said he would continue to improve and maintain the plant board systems, keep rates as affordable as the market will allow, supply new customers and maintain the high level of service that customers have come to expect.

Council members approved the minutes of the previous meeting before adjourning.

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Magistrates hear proposals on health care for inmates  

By Dennis Brown

Lewis County Fiscal Court met in an extended regular session last week approving numerous items dealing with a Community Development Block Grant for the Garrison Sewer Project and hearing proposals from companies who want to manage health care for jail inmates.

James Kemper, a marketing representative with Southern Health Partners, and Michael Coffee, a client service coordinator with Advanced Correctional Healthcare, each addressed magistrates with proposals to provide a health plan for the jail.

Each proposed providing nursing services at the detention center along with a medical director, or medical administrator, to make decisions concerning the health care of inmates.

Jailer Tim Underwood said that contracting with such a service could save money for the county and would help reduce liability for the county.

Underwood said the costs of supplying medical services to inmates have risen dramatically in the past few years and decisions to send an inmate for emergency medical treatment are difficult for non-medical personnel at the detention center to make.

County Treasurer Kathy Dillow said that hospital bills for inmates totaled about $41,000 last fiscal year and that the costs had doubled from the year before.

The county is responsible for medical bills incurred for the treatment of county inmates.

Although no final decision on the matter was made, it was discussed later by the Detention Center Advisory Committee and recommended for further consideration after more information could be put together for review.

Magistrates approved several matters dealing with grant funds for the Garrison Wastewater Project. Judge Executive Steve Applegate explained that the required resolutions and 

budget amendments were necessary to follow the requirements associated with receiving federal funding for the project.

Magistrates approved the appointment of Kelly Armstrong as treasurer for the Kinniconick Volunteer Fire Department Taxing Board and approved a resolution accepting ownership, maintenance and operations of a recently completed bridge at Skidmore Lane near Garrison. The $600,000 bridge replacement was funded by the state.

Magistrates approved a resolution adopting and approving the execution of an agreement between fiscal court and the Kentucky Department of Transportation for road aid. Applegate said the $210,856 will pay for repaving and some initial blacktopping on prioritized county roads.

Magistrates approved assisting the Lewis County Conservation District by paying their office space annual rent of $1,650 and approved purchasing a new vehicle for the road supervisor.

Applegate said the state contract price on a Ford F-250 diesel powered four-door truck is $32,668. He said the vehicle will replace one which has been in use by the road department for several years and is nearly worn out.

Applegate announced that the county will be applying for funds to clean up illegal dumpsites and asked that any dumpsites, on public or private property, be turned in. He said they will be cleaned up at no cost to the property owner.

He said all county E-911 addressing had been sent to Mapquest and will soon be accessible through that service.

County officials presented their monthly reports and Jailer Tim Underwood thanked magistrates for their approval last month on the purchase of a state surplus van for use by the detention center.

Magistrates approved payment of bills before adjourning.

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School board members see Web upgrades

By Dennis Brown

The Lewis County Board of Education met in regular session last week and heard from Kasey Nolen concerning the school district’s presence on the Internet.

Superintendent Maurice Reeder Jr. said Nolen “… does a good job and spends a lot of time working on the schools’ sites.”

Nolen informed board members of recent upgrades to the school system’s web presence and introduced a new home page for Lewis County High School. He said the school’s site also features an alumni page, student news and photo galleries.

Nolen said he keeps current happenings and announcements posted on the district’s home page and at least one person from each school in the district provides him with information on their school for him to post on the site.

Diane Johnson addressed board members and briefed them on two grants that had been received by the district in the past week. One, she said, is a Striving Readers Grant which targets high school freshmen and the other is a Rural Utility Grant for distance learning.

Johnson said the district has received several grants in the past few months and is now in the process of applying for a History Grant.

Johnson distributed an interim performance report for schools in the district and reviewed the scores for board members.

Reeder told board members that he was disappointed with testing scores and said indicators last year showed all schools were making big improvements.

Reeder said that everyone in the district worked very hard and that with the way scores are weighted, one school can’t fairly

 

 be compared with another school. He said the same is true in trying to compare scores from district to district or even state to state.

“We’re trying to overcome generations of academic barriers,” Reeder said. “And now we’re getting back to work.”

Reeder said there are more programs in the district targeted toward reading than ever before and that more students are reading at higher levels than ever before. At graduation, he said, students are in the top 20 percent in the state.

Reeder reviewed a detailed list of improvement efforts being implemented by schools and said the district has begun to review and revise its comprehensive plan with an emphasis on targeting specific areas of needs as revealed in the reports.

Board members approved a change order for the Tollesboro Elementary renovation project for all new window blinds at a cost of just over $8,000 and approved a resolution authorizing Reeder to apply for aid from FEMA following snow and ice storms.

Members also approved bond refinancing through the Kentucky Interlocal School Transportation Association for some financial savings.

Reeder reported the hiring of Larry Riley as assistant principal at LCHS for 50 days and Jimmie Blevins as part-time custodian at Laurel Elementary for four hours per day for 200 days.

He reported the resignation of Eugene Polley as custodian at Laurel Elementary and the hiring of Kayla Stafford as LCHS drama coach, Samantha Reams as LCHS assistant track coach and Sarah Porter as LCHS track coach.

Board members approved the treasurer’s report and payment of bills before adjourning.

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Court of Appeals to hear cases locally 

By Dennis Brown

The Kentucky Court of Appeals will hear oral arguments in civil and criminal case appeals Tuesday, October 20, at the Lewis County Justice Center in Vanceburg. 

The cases are on appeal from Bell, Harlan and Laurel counties. The proceedings are open to the public. 

A three-judge panel consisting of Court of Appeals Judges Michelle M. Keller, Joy A. Moore and Jeff S. Taylor will hear oral arguments starting at 10:30 a.m. in the Circuit Courtroom on the third floor of the Justice Center.

On the docket at 10:30 a.m. is a civil case. The Cumberland River Regional Mental Health-Mental Retardation Board is appealing a jury verdict and judgment in favor of Michael Sheliga.

The board argues that there were errors regarding the admission and exclusion of evidence during trial, that the trial court submitted faulty instructions to the jury and that the court erred when it denied Cumberland River’s motions for summary judgment and a directed verdict.

The original case involved conduct by Cumberland River’s employees that led to Sheliga being involuntary admitted to the mental ward at Appalachian Regional Hospital.  

The Laurel County judge who ruled in the case was Judge Roger L. Crittenden. The appellant’s attorney is James Ridings and the appellee’s attorney is Leroy Gilbert Jr.

On the docket at 11:15 a.m. is a criminal case appeal 2008-CA-000089 about whether the trial court improperly admitted certain evidence at trial. Case appeal 2008-CA-000327 is about whether the trial court improperly excluded evidence at trial.   

The Harlan County judge who ruled in the case was Judge Russell D. Alred. The appellant’s attorneys are Otis Doan Jr. and David Johnson and the appellee’s attorneys are Henry Johnson and James Shackelford.

On the docket at 1:45 p.m. is a civil case. Issues are

whether the trial court erred by excluding evidence and whether damages awarded were excessive.

The Bell County judge who ruled in the case was Judge James L. Bowling. The appellant’s attorneys areWinter Huff and John Prather Jr. and the appellee’s attorneys are Todd Willard, Bruce Batten II and Stephen O’Brien III.

Judge Michelle M. Keller was elected to the Kentucky Court of Appeals in November 2006 to serve as judge for Division 1 of the 6th Appellate District. She also serves as the Court of Appeals representative on the Judicial Conduct Commission.

Judge Joy A. Moore was elected judge for the Kentucky Court of Appeals in November 2006 to serve Division 2 of the 6th Appellate District.

Judge Jeff S. Taylor was first elected as a Court of Appeals judge in November 2003 to represent the 2nd Appellate District and was re-elected in November 2006 to a full eight-year term.

Nearly all cases heard by the Kentucky Court of Appeals come to it on appeal from a lower court. If a case is tried in Circuit Court or District Court and the losing parties involved are not satisfied with the outcome, they may ask for a higher court to review the correctness of the trial court’s decision.

Some cases, such as criminal case acquittals and divorces, may not be appealed. In a divorce case, however, child custody and property rights decisions may be appealed. Cases are not retried in the Court of Appeals. Only the record of the original court trial is reviewed, with attorneys presenting the legal issues to the court for a decision.

Fourteen judges, two elected from seven appellate court districts, serve on the Court of Appeals. The judges are divided into panels of three to review and decide cases, with the majority determining the decision. The panels do not sit permanently in one location, but travel throughout the state to hear cases.

The Administrative Office of the Courts in Frankfort supports the activities of 3,800 Kentucky Court of Justice employees, including the elected offices of justices, judges and circuit court clerks. As the fiscal agent for the state court system, the AOC prepares a biennial budget draft and executes the Judicial Branch budget.

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Anthony Silvey is candidate for PVA

By Dennis Brown

Anthony Silvey has announced that he has filed a letter of intent with the Registry of Election Finance as a Republican candidate for the office of Lewis County Property Valuation Administrator.

Silvey was appointed in April by Governor Steve Beshear to complete the term of Betty Ripato, who retired as PVA last December.

Silvey said that since taking office, he and the staff have been working to make improvements and streamline processes for property owners and those who utilize the PVA office for information. One of the changes, he said, was to extend office hours by opening on Saturday mornings.

“The change give people an opportunity to visit the office if their jobs don’t allow them to visit during the regular weekday hours,” he said.

Another change was moving from a two-card to one-card system for filing. He said the new system is more streamlined and reduces time for research by requiring the clerks to retrieve the needed information from one file rather than being stored in different locations.

“We also have a new website under construction and a new mapping system in the works,” Silvey said.

The website will be going online soon and will continually be updated. He said it will contain general information and more features will be added over time. The updated mapping system allows for more clarity and conforms with the new E-911 addressing system recently implemented in the county.

Prior to serving as Lewis County’s Property Valuation Administrator, Silvey was associated with Bivens and Silvey Realty and Auction Service since 1985 and had worked as a principal broker for the past 20 years.

Silvey is a lifelong Lewis County resident and graduate of Morehead State University. He is a member of the Vanceburg United Methodist Church, VFW Post 5438 and Stone City Masonic Lodge. He is a member of the Comprehend Administrative Board and on the Board of Directors for People’s Self-Help Housing.

He previously served on the Lewis County Tax Board and Lewis County Board of Ethics, and is an eight year veteran of the Navy Reserves.

File Photo/Lewis County Herald

Anthony Silvey has announced he is a candidate for Lewis County Property Valuation Administrator.

He is the son of Joyce Silvey of Vanceburg and the late James Silvey.

Silvey credits his staff for their assistance during the recent transition and during his time as PVA assisting with changes in the office.

Debra Johnson, who is an 18 year employee, is Chief Deputy Clerk; Dora Thomas, who has served for eight years, is Deputy Clerk; and Roger Bivens II, who has 20 years in real estate appraisal experience, was recently hired as a clerk.

“I look forward to continuing to serve the residents of Lewis County as their PVA and welcome everyone’s input on how our office can better accommodate their needs,” Silvey said.

“I appreciate all of the support and words of encouragement and vow to continue to fulfill the duties of this office and provide the best service possible to the people of Lewis County,” he added.

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