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Circuit Court News March 18, 2014

Sentence of over 15 years handed down on drug charges...One given 5 years probation on sex charge...

Tiffany BeverlyTiffany BeverlyTiffany Beverly, 24-Sentenced to 10 yrs on Complicity/Manufacture Meth, 2 yrs for Complicity Possession Controlled Substance 1st Degree, 12 months on Complicity Drug Paraphernalia-Buy/Possession, 5 yrs. Complicity Controlled Substance, Endangerment to Child 4th Degree.  To run concurrent and consecutive to other cases, 259 days credit.



FitzgeraldFitzgeraldAlison Fitzgerald, 26, pled guilty to Amended 3rd Degree Burglary (5 yrs supervised) and Criminal Mischief 3rd Degree(30 days concurrent) Final sentencing April 11.

Billy Jack Hammond -Pled guilty to two counts of Complicity/Theft By Unlawful Taking/Shoplifting (5 yrs probation) Final sentencing April 11.

Rodney Hicks - Arraigned, pre-trial conference set for April 11. Charge-Make False Statement to Obtain Benefit over $100.

Joseph Kevin Marcum, 37- Arraigned, pre-trial conference set for April 11. Charge-Complicity 1st Degree Possession Cocaine.

Jeffery Allen Moore, 30- Pled guilty to  two counts Complicity/Theft By Unlawful Taking Shoplifting (5 years probation) and Persistent Felony Offender (dismissed). Final sentencing Apr. 11

MoselyMoselySalyersSalyersSaulSaulEric C. Mosley,40, pled guilty to charge of Complicity/Manufacture Meth (3 yrs probation). Final sentencing Apr. 11

Valerie R. Salyer- sentenced to 5 yrs probation on charge of Complicity/Manufacture Meth, 262 days credit.

Richard O. Saul, 66 -sentenced to 12 months probation, 24 months on charge of Sexual Abuse, 3 days credit.

William D. Whitt, 34-arraigned, pre-trial set for Apr. 11. Charged with Bail Jumping,
Complicity/Theft By Unlawful Taking Shoplifting, Criminal Mischief, Fleeing, Evading Police 2nd Degree (on foot)

District Judge race in May for Johnson's judgeship; top two will run again in Nov.

A funny thing happened to me Saturday. As I was awaiting the Wildcats basketball game a man called and said he would like to know about our ad prices. Come to find out the caller, John Chafin, of River, Ky. is running for District judge in Johnson, Lawrence and Martin Counties and there is a Primary election since three candidates have already registered.

Why was this a surprise, you ask? 

John T. Chafin_John T. Chafin_Paul PackPaul PackNeither Lawrence Co. Clerk Chris Jobe nor I had heard of the bipartisan race and we didn't know how candidates from BOTH political parties could run in a Primary election with the top two going on to run against each other in the General Election.

Matter of fact the names are not listed on the Lawrence Co. ballot we have posted and Jobe said the names were not on his sample. Turns out a runoff hasn't happened in decades in the 24th District. We vwill continue to search for information on this and post it when we get it.

Long time District Judge Susan Johnson did not register to run this year. She had been telling friends and family members all along about her intentions to retire but since she didn't announce, many people did not know she had retired from the bench effective at the end of this year - maybe earlier. And add to that the fact that prospective candidates for District Judge must register in Frankfort, just like other state officials, Jobe did not know about the registrations.

Others besides Mr. Chafin who are running are Johnson Co. lawyers Paul Pack, of Van Lear and Howe E. Baker of Hagerhill. (no photo available)

Current Division 2 judge Kevin Holbrook does not have any competition. Jobe is trying to find out the procedure this morning so he will know if it happens again.

Independent candidates

Pursuant to KRS 118.365(5) and KRS 118.367, individuals seeking to run as independent, political organization or political group candidates for certain partisan offices must file their Statement-of-Candidacy forms no later than Tuesday, April 1, 2014, at 4 p.m. in order to be placed on the ballot for the November general election.

There is no fee to file a Statement of Candidacy. Candidates for federal offices and mayor or legislative body of cities of the second to sixth class that conduct partisan elections are exempt from this requirement.

Potential candidates should contact the Secretary of State’s office or their local county clerks to obtain the necessary paperwork. The following offices that file with the Secretary of State and are scheduled for a regular election in 2014 require the filing of a Statement of Candidacy:
·         State Senators in even-numbered districts
·         State Representatives
Persons seeking to run for a county office as an independent, political organization or political group candidate are required to file with their local county clerks.

Independent, political organization and political group candidates must file petitions of nomination, with the appropriate filing fee, no later than August 12, 2014. If a potential candidate was required to file a Statement of Candidacy but failed to do so, the Secretary of State and county clerks’ offices cannot accept a petition from the candidate.
For more information, please visit the Secretary of State’s website at

UPDATED: 3/14/2014 12:30 pm.

Balaklaw plan to reduce costs comes mostly from AT&T, would save city $$$

4th class city application turned over to State Rep. who filed it in Frankfort...


LOUISA, Ky. -- City council members and city workers sat through a two hour March regular meeting Tuesday night and selected John Nolan to replace Rita Rose. Rose, who has been a council member for three terms but decided to go on the office side. 

Nolan said he had a few calls from people urging him to serve the term out and he agreed (See separate story in Lazer).

Lee Balaklaw was on hand to offer his company's proposals for how to save money on phone and internet bills. Lazer photo by Glenda GraysonLee Balaklaw was on hand to offer his company's proposals for how to save money on phone and internet bills. Lazer photo by Glenda GraysonAfter council approved the minutes from the last meeting Mayor Ted Preston recognized Dr. Lee Balaklaw from Schooley Mitchell, a company that audits telecommunication systems for a fee, who announced that he has come up with about $21,000 in savings if the council accepts his report.

Balaklaw will get half the savings as per agreement. Much of the $21,000 would be saved by switching to lower AT&T service NOT from Lycom, Inc. of Louisa.

Steve Lycans, owner of Lycom Communication attended the meeting and pledged to cut the bill and upgrade to what Balaklaw is suggesting if they would give him a little time.

"I guarantee you right now that I will meet whatever he came up with," Lykins said. "And if I get the job, that's one more we can hire from this area. With the other company most of our local money will go elsewhere."

City Council members Tom Parsons, left, and Raymond Dixon at Tuesday's meeting.City Council members Tom Parsons, left, and Raymond Dixon at Tuesday's meeting."I wonder why you didn't tell us this six months ago," Council member Raymond Dixon asked.

Lycans said he did not have much business with the city as it seemed during the meeting, and when Balaklaw visited him he did not want a bulk price, just invividual prices on items.

"We don't have much of the city's business as it is, maybe $500 or so," Lycan said. "What Mr. Balaklaw did was go to AT&T and convince them to drop prices on several of their items and they agreed to at this time, they could raise their prices back up after this is all done, too."

Lycans also said AT&T already has more than 80% of city business.

"I came to the meeting to see if the city would allow our company to do their telecommunications as a bundle and save them more than the $21,000 and they would be able to keep it all instead of paying Schooley Mitchell."

Council did not vote on Balaklaw's recommendation at the meeting preferring to see if Lycans can show Balaklaw the same savings. Somebody is going to have to pay Balaklaw for the research and information, however.

Balaklaw also recommended that the cell phone assigned to Water Works boss David McGuire since the early 1990's be taken out of his personal name and included with the rest of the city's phone service in order to save tax payments. McGuire said he has no problem with it.

Long distance calling should also be consolidated for all city departments, he said. City Clerk Kathy Compton reiterated a comment she made at a recent meeting concerning the difficulties the city has had with AT&T. "If that's how you are saving money, you need to know how its been all along," Compton said.

Water price can be checked for $2,400, Adams finds

City Attorney Eldred "Bud" Adams informed the court that he has discovered a company that will perform a complete study on the water plant to find out exactly how much it costs the city to produce a gallon of water. Council member Brad Stark has asked for the information  so that could be used in deciding whether or not to ask the Public Service committee for a price adjustment for the sale of Louisa water to Big Sandy Water, Inc.

That was at least six months ago. Since then the city water board has been disbanded and the council is in charge of water decisions.

Adams said the company, Kentucky Rural Water Assn., quoted a price of $2,400 for the study, much less that was first mentioned as a probable price. Adams said they were referred by the PSC.

Police Dept...

Council member Raymond Dixon chats with police chief Greg Fuggitt before Tuesday's meeting.Council member Raymond Dixon chats with police chief Greg Fuggitt before Tuesday's meeting.

Police Chief Greg Fugitt said he has the new cruiser in, and in use. He also reported that two new officers are currently on Spring Break from police training in Frankfort and are home performing some duties for the department.

Fugitt responded to complaints about several burglaries in the city, at least three in the last two weeks. "Some of these are inside jobs," Fugitt said. "But we usually catch them eventually."

Fire Department

Chief Eddie Preston reported 26 calls in the last month including four car fires. He also announced the new fire truck council purchased recently is supposed to be in Thursday.

Preston also received the council's permission to advertise and sell an old truck worth $5,000.The LVFD will also co-op with Cattlrttsburg Fire department on HASMAT.

Louisa Mayor Ted Preston was overidden by the council on choosing a new member to take the place of Rita RoseLouisa Mayor Ted Preston was overidden by the council on choosing a new member to take the place of Rita RoseStreet and Sanitation

Supervisor Greg Slone said his department has been using the new garbage truck for about a month and that the lettering will be put on this week. He said the killer winter has really damaged the city streets.

"We are beginning to fill as many of the pot holes as we can but it's slow work," Slone said.

He also fielded questions about his budget, which he said is $20,000 in the red.

"Most of it is for trying to fix that old garbage truck and the bad winter," Crum said.

But Fire Chief Preston commented that the latest break-in at the city garage resulted in the loss of nearly $1,000 in lawn equipment. "That's the third time in recent months and the other departments can't make up the difference from their budgets, so you need to take care of your equipment," Preston told Crum, who did not respond.

Louisa Water & Sewer

Supt. David McGuire explained a major problem with the city's intake valve at the sewer plant which, he said, got overwhelmed during a recent day when a hard rain came down an inch and a half within an hour and it was too much for the 63 year old plant to handle. (See separate story in Lazer)


Audience Comments, Marcum riled

During the Public Comments Louisa resident Betsy Marcum asked the council why she was not notified that a tap and sewer tank fees raised from about $625 to $2,600. "I never got any notice from the media about when the price would change," she said. "I could have and should have paid it the first time I was in there (before the raise) but didn't because I didn't know the cost was going up."

Council members agreed that they cannot change what has been done, besides, it's fair for one as the other, Stark said. The court agreed that there should be notice to the public, although Adams said it is not required.

Office shuffle?

City Clerk Kathy Compton has a new assistant as mayor Preston appointed long time council member Rita Frazier Rose to the job of deputy clerk last weekCity Clerk Kathy Compton has a new assistant as mayor Preston appointed long time council member Rita Frazier Rose to the job of deputy clerk last weekThe office staff at city hall was shifted around by Mayor Preston last week without notice, as well.

The mayor has the responsibility to appoint members of his office staff but the council can set the salary. Former Deputy City Clerk Amy Hall had been promised a job in the water office next door where a worker is retiring in May.

But the retiring water clerk is on sick leave, Clerk Compton said, and there is no one left to train her because in the meantime she (Amy) fell and broke her arm and is also off.

Mayor Preston said there was no applications advertised for either job.

"I just felt like they were experienced and good workers and I gladly made this staff adjustment," Preston told the council.

Mayor Preston said the application for 4th class city classification has been handed over to State Rep. Jill York who has turned it in to the proper Frankfort committee.

"We don't know for sure yet, but we've done our part," Preston said. "We are expecting to get the new classification before this session of the state government ends."

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