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Photo: Kentucky Cabinet For Economic Development

U.S. Rep. Harold “Hal” Rogers (KY-05), U.S. Senate Majority Leader Mitch McConnell (R-KY) and Governor Matt Bevin today announced a $2.55 million Abandoned Mine Lands Pilot Grant to restore and enhance the Portal 31 Exhibition Mine and create a scenic overlook and parking area at Black Mountain.

The Kentucky Energy and Environment Cabinet’s Division of Abandoned Mine Lands awarded the grant to Harlan County Fiscal Court as part of the Abandoned Mine Lands (AML) Pilot Program to revitalize the coalfields in Kentucky’s Appalachian region.

The project will involve refurbishing the electronics and controls of animated figures, upgrading audiovisual systems, lighting, and control functions of the Exhibition Mine Tour, and fixing drainage in the exhibition mine tunnels and making structural repairs to tunnel roof structures.  In addition, adjacent mine areas will be cleaned to accommodate a new walking tour and an additional mantrip vehicle will be purchased.

The Black Mountain portion of the project will create a new parking area with a scenic overlook, which will lead to a new walking trail that will take visitors to the overlook at the summit of Black Mountain – the highest natural point in Kentucky.  A proposed 40-foot –high observation tower will provide a scenic view of Kentucky and Virginia.

The Lynch Bathhouse/administrative building adjacent to Portal 31, will be renovated to increase office space. The renovation also will provide space for a planned dulcimer factory and other crafts, a planned coffee roasting company, and enlarge an existing mushroom growing operation.

Congressman Rogers and Governor Bevin announced the grant Thursday at Benham Schoolhouse Inn, Benham, KY.

“We need to tell our story and celebrate our history in Eastern Kentucky on a larger scale, and this grant will highlight the rich heritage of coal production and the beauty of our mountains in Harlan County,” said Congressman Rogers, who has championed $80 million in federal funding for Kentucky through the AML Pilot Program since 2016, alongside U.S. Senator Mitch McConnell (R-KY).

“We need to cultivate our tourism economy on a broader spectrum by improving and marketing the qualities that make our region so unique, like Portal 31 and the highest point in Kentucky on Black Mountain. Thanks to the hard-working and resilient people of Harlan County, the future for our rural economy looks brighter every day.”

In addition to the AML Pilot Grant, the project has received $650,000 local/in-kind funds. When completed, it is expected to create 20 new permanent jobs and increase visitors to Lynch, KY and the surrounding area by 40 percent.

“When it was built more than 100 years ago, Lynch was the largest coal camp in the world, and the newly-announced resources will help restore and preserve this unique part of Kentucky’s history,” said Senate Majority Leader Mitch McConnell, a senior member of the Appropriations Committee and a key negotiator in securing the funding for this program.

“In addition to its benefits for the local tourism industry, the Portal 31 Exhibition Mine displays both the historical significance and natural beauty of Appalachian coal country. I proudly join Congressman Rogers in strong support of the AML Pilot grants to encourage economic revitalization and new jobs to Eastern Kentucky, and I look forward to the success of this project.”

“This significant AML investment will enhance tourism and economic development opportunities in Southeast Kentucky,” said Gov. Bevin. “These grant funds will enable Harlan County to showcase to visitors the region’s rich mining history as well as the scenic natural beauty of Black Mountain — the highest point within the Commonwealth.”

Energy and Environment Cabinet Secretary Charles Snavely said restoration of the mine tour is worthwhile because, not only does it draw upon Kentucky’s rich mining culture, it shows how the region is transforming itself.

“I am pleased that this Cabinet is able to be a significant part of the region’s recovery through this grant,” Secretary Snavely said.

The AML Pilot Program, funded through the U.S. Office of Surface Mining Reclamation and Enforcement (OSMRE), is a joint effort by the Kentucky Cabinet for Economic Development, the Department for Local Government, the SOAR Initiative in Eastern Kentucky, the Kentucky Tourism, Arts and Heritage Cabinet and the Energy and Environment Cabinet, Division of Abandoned Mine Lands.

As Election Day approaches, Kentuckians may be receiving calls from candidates, political organizations and now scammers, according to Attorney General Andy Beshear.

Beshear issued a scam alert Wednesday to help Kentuckians avoid providing their personal information over the phone to a scammer who claims he or she can help Kentuckians register to vote or vote by absentee ballot.

Beshear said the National Association of State Election Directors issued a warning after voters in Mississippi said scammers were calling pretending to be employees of TurboVote, a legitimate voter registration service, requesting Social Security and driver’s license numbers.

Mississippi officials confirmed that the calls are not affiliated with the organization, Beshear said.

“Kentuckians cannot register to vote over the phone,” Beshear said. “If someone calls you and asks for your personal information to supposedly help you register to vote or obtain an absentee ballot – hang up – it is likely a scam.”

The deadline to register to vote in Kentucky for the Nov. 6, 2018, election was Oct. 9.

For future election cycles, Kentuckians should visit the Kentucky State Board of Elections website for systematic instructions and registration options, including submitting a form online, through the mail or in person at a county clerk’s office.

If eligible, Kentuckians may cast an absentee ballot by mail or in the County Clerk’s office before Election Day. According to the state’s website absentee ballots can only be obtained by contacting the County Clerk’s office.

Beshear said Kentuckians should stay on alert for the scam calls through Election Day.

Beshear said if Kentuckians are receiving these scam calls, they should report them to his office via an online form.

Kentuckians can also report election irregularities or possible election law violations to Beshear’s office at 800-328-VOTE (800-328-8683). The hotline is open during regular business hours and from 6 a.m. to 7 p.m. (Eastern time) on Election Day.

Beshear’s Special Prosecutions Unit coordinates election monitoring with the State Board of Elections, Secretary of State’s Office, Kentucky State Police, U.S. Attorney’s Office and the FBI. This monitoring looks at not only primary and general elections, but also special elections held throughout the Commonwealth. Several employees within the office participated in the Election Integrity Task Force with those agencies to enhance the coordinated efforts of all agencies to combat election fraud.

Since taking office Beshear has been working to protect Kentucky families from scams by issuing an alert when new and trending scams are reported in the Commonwealth.

Beshear recommends all Kentuckians stay ahead of scammers by signing up for his office’s Scam Alerts. To enroll text the words KYOAG Scam to GOV-311 (468-311) or sign up online at ag.ky.gov/scams and select text message or email alert.

Attorney General Andy Beshear announced that a Grayson Rite Aid Pharmacy manager has been indicted for allegedly dispensing a controlled substance without a proper doctor’s prescription and for falsifying pharmacy medical records.

Tommy Dearfield Jr., 30, of Ashland, received a 37-count indictment by a Carter County grand jury Oct. 5 for alleged illegal conduct in 2017 as pharmacy manager.

Beshear’s detectives and members of the Grayson Police Department arrested Dearfield Oct. 12. He was lodged in the Carter County Detention Center.

The investigation was conducted by Beshear’s Department of Criminal Investigations with assistance by the Kentucky Board of Pharmacy and Rite Aid Loss Prevention.

Beshear said Dearfield voluntarily surrendered his pharmacy license during the course of the investigation.

Dearfield is scheduled to appear in Carter Circuit Court at 9 a.m. on Nov. 5.

Attorney General Andy Beshear created a council of more than 25 survivors in his office in 2017 to advise and assist him on matters related to victims of crime and advocacy.

Now with the two-year terms of these members of the Attorney General’s Survivors Council expiring, Beshear is encouraging victims across the state to have a seat on the council for a 2019-2021 term.

Beshear said council members include victims and survivors of homicide, rape, child abuse, domestic violence, mass violence and other serious offenses, and that their advocacy and voice have been not only a powerful tool for him but for the entire Commonwealth.

“These survivors have persevered through the unimaginable, they have real courage and know firsthand what is needed to seek and ensure justice for victims,” Beshear said. “I want to thank each member for their willingness to devote their time and passion to helping to pave a better way for other survivors who we are hoping will represent the council for the next two years.”

Beshear’s Office of Victim Advocacy provides direct services to victims, free training and technical assistance on victims rights and related issues. The office works directly with the Survivors Council – a first of its kind in any Attorney General’s office nationwide.

Throughout their term, members have worked directly to advise and assist the Office of the Attorney General on matters related to victims of crime, including training, awareness and policy initiatives.

Council members held numerous meetings to develop resources for victims, create guidance for professionals working with survivors, plan awareness and training efforts and develop recommendations for an annual report.

The members were also active in their communities providing education to advocates and law enforcement, as well as participating in awareness events like Human Trafficking Awareness Day, Victim Assistance Conference and Victims Rights Day.

The next members of the council will be selected from an open nomination and application process conducted by the Attorney General’s Office of Victims Advocacy.

Beshear is encouraging victims to participate on the council by clicking on his website – www.ag.ky.gov/survivors-council.

The Kentucky Agricultural Development Board approved $1,898,727 in 13 agricultural diversification and rural development projects across the Commonwealth at its monthly board meeting.

State Investments:

  • Kentucky Agricultural Leadership Program
    • The University of Kentucky was approved for an additional $500,000 in state funds for the Kentucky Agricultural Leadership (KALP) Program Endowment Fund. The mission of KALP is to identify, develop and motivate men and women for effective leadership in agriculture and rural communities at all levels of public service. For more information on this project, contact. Dr. Will Snell at (859) 257-7288 or wsnell@uky.edu.
  • Farmers Market Structure
    • The Hopkins County Extension District Board was approved for up to $215,000 in state funds and $35,000 in Hopkins County funds for the construction of a farmers market structure as part of the Hopkins County Farmers Market project in Madisonville. For more information on this project, contact Curtis Dame at (270) 821-3650 or curtis.dame@uky.edu.
  • On-Farm Water Management (OWM)
    • David and Mollie Appelman were approved for up to $68,502 in state funds and $1,000 in Mason County funds to implement water management practices on their farm under the OWM Research, Development and Demonstration project guidelines. Once implemented, workshops/classes will be scheduled to share information and demonstrate the practices to other farmers.  For more information about this project, contact David Appelman at (606) 742-2485 or dappelma@uky.edu.
  • Aquaponics Greenhouse
    • LaRue County Board of Education was approved for up to $60,000 in LaRue County funds for a high school greenhouse. For more information on this project, contact Chris Thomas at (270) 358-2210 or chris.thomas@larue.kyschools.us.

County Investments:

  • On-Farm Investments
    • The County Agricultural Investment Program (CAIP) offers 11 investment areas that give Kentucky agricultural producers the ability to increase net farm income, add value to their products and diversify their operation. CAIP benefits and enhances agriculture across the state by stimulating markets for Kentucky agricultural products. Five CAIPs were approved by the board totaling $968,194 for Bourbon ($300,000), Bracken ($180,000), Jackson ($202,644), Rockcastle ($105,550) and Scott ($180,000) counties.
    • In addition to these new approvals, an additional $18,000 was approved to enhance an existing CAIP in Adair County.
  • Next Generation Farmers
    • The Next Generation Beginning Farmer Program (NextGen) was developed to facilitate the growing need for a specialized program that would benefit producers engaged in an agricultural operation from three to seven years. One NextGen Program was approved for Bracken County totaling $20,000.
  • Shared-use Equipment Program
    • The Shared-use Equipment Program assists broad-based community organizations with the purchase of farm equipment. The equipment purchased is made available for producer use in a specific county on a leased basis. One Shared-use Equipment Program was approved totaling $9,431 for Pulaski County.
  • Youth Agricultural Incentives Program
    • The Youth Agricultural Incentives Program (Youth) serves as a measure to facilitate the growing need for a specialized program that benefits youth actively engaged in agriculture.  An additional $3,600 was approved to enhance an existing Youth program in Adair County.

The Supreme Court of Kentucky will convene Oct. 25-26 in Frankfort to hear oral arguments in cases that originated in Campbell, Daviess, Fayette, Franklin, Jefferson and Knox counties. Proceedings are open to the public and will take place in the Supreme Court Courtroom on the second floor of the state Capitol at 700 Capitol Ave. in Frankfort.

The public may also observe oral arguments via the Supreme Court livestream on the Kentucky Court of Justice website. Oral arguments are available online as they occur in real time and are not available as archives.

The Supreme Court is the state court of last resort and the final interpreter of Kentucky law. Seven justices sit on the Supreme Court and all seven justices rule on appeals that come before the court. The justices are elected from seven appellate districts and serve eight-year terms. A chief justice, chosen for a four-year term by fellow justices, is the administrative head of the state’s court system and is responsible for its operation. The Supreme Court may order a ruling or opinion to be published, which means that the ruling becomes the case law governing all similar cases in the future in Kentucky.

THURSDAY, OCT. 25, 2018
9 AM
2017-SC-000441-DG
COMMONWEALTH OF KENTUCKY V. MICHAEL PADGETT

2017-SC-000661-DG
MICHAEL PADGETT V. COMMONWEALTH OF KENTUCKY

View Case Briefs

“Criminal Law. Mistrial. Double Jeopardy. Issues involve a pretrial ruling and whether the trial court abused discretion in declaring a mistrial after defense counsel’s perceived violation of that ruling.”

Discretionary Review granted 12/7/2017 and 2/7/2018
Daviess Circuit Court, Judge Joseph W. Castlen, III

Attorney for Appellant/Cross-Appellee: Thomas Allen Van De Rostyne
Attorney for Appellee/Cross-Appellant: Emily Holt Rhorer and Shannon Dupree

10 AM
2017-SC-000596-DG
LEE COMLEY V. AUTO-OWNERS INSURANCE COMPANY

View Case Briefs

“Insurance Law. Homeowners Coverage. The issues, involving potential coverage for damage to a home resulting from a nearby water main break, concern the scope of the “water damage” exclusions as to “water below the surface of the ground . . . which . . . flows, seeps or leaks through any part of a building” and as to “regardless of the cause . . . flood.”

Discretionary Review granted 3/14/2018
Fayette Circuit Court, Judge Thomas L. Clark

Attorneys for Appellant: Stephen M. O’Brien, III, Bruce Clark Batten, II, and David Coomer
Attorneys for Appellee: Luke Alan Wingfield and John Carter

11 AM
2017-SC-000274-DG
LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT V. T+C CONTRACTING, INC.

View Case Briefs

“Contract. Fairness in Construction Act. KRS 371.405. Issues include whether the dispute resolution provisions in the parties’ contract, which deem the contractor’s claim for additional compensation from MSD waived if certain procedural requirements are not met, violate the Fairness in Construction Act.”

Discretionary Review granted 3/14/2018
Jefferson Circuit Court, Judge James M. Shake

Attorneys for Appellant: Kenneth Allen Bohnert, Richard M. Sullivan and Jennifer Fust-Rutherford
Attorney for Appellee: Gerald Lee Stovall

FRIDAY, OCT. 26, 2018
9 AM
2017-SC-000203-DG
SHANNON JONES, ET AL. V. DAVID WAYNE BAILEY

2017-SC-000604-DG
DAVID WAYNE BAILEY V. SHANNON JONES, ET AL.

View Case Briefs

“Parole Board. Entitlement to Assistance of Counsel. The issues include whether the final post-incarceration sex offender supervision revocation hearing is a “critical stage” of the proceeding, triggering entitlement to assistance of counsel.”

Discretionary Review granted 10/25/2017 and 12/7/2017
Franklin Circuit Court, Judge Thomas D. Wingate

Attorney for Appellants/Cross-Appellees: Angela Turner Dunham
Attorney for Appellee/Cross-Appellant: Timothy G. Arnold

10 AM
2017-SC-000348-DG
BARBARA SMITH V. BONNIE SMITH

View Case Briefs

“Torts. Personal Injury. Slip and Fall. Issues include whether the status of a visitor as an invitee or licensee or trespasser continues to define the scope of the property owner’s duty to the visitor.”

Discretionary Review granted 3/14/2018
Knox Circuit Court, Judge Gregory Allen Lay

Attorneys for Appellant: Michael D. Risley, Darrell L. Saunders and Bethany A. Breetz
Attorneys for Appellee: Brien Glenn Freeman, Todd Kevin Childers and Aaron Howard

11 AM
2017-SC-000340-DG
RAYMOND HAYES, ET AL. V. D.C.I. PROPERTIES-D. KY, LLC, ET AL.

View Case Briefs

“Torts. Personal Injury. Trespasser. Attractive Nuisance. Issues include whether the 16-year-old plaintiff can recover for injuries sustained when he trespassed on the defendant’s construction site.”

Discretionary Review granted 4/18/2018
Campbell Circuit Court, Judge Fred A. Stine, V.

Attorney for Appellants: Anthony McIntosh
Attorney for D.C.I. Properties-D. KY, LLC: James Moberly West
Attorney for The Nelson Stark Company: Mark MacDonald

Step back in time as Big Bone Lick State Historic Site returns to days long past during the 36th annual Salt Festival the weekend of Oct. 19-21.

The festival features live demonstrations of pioneer lifeways and frontier skills. Enjoy folk and bluegrass music, listen to a storyteller, view prehistoric Ice Age artifacts, and observe a blacksmith working red-hot iron.

Guests can also see how salt was extracted from the waters of Big Bone, watch a flintknapper make a stone point, and discover how bison hair was spun into yarn. Browse the crafters corner to see the many local, handcrafted items for sale, and take advantage of the good eats at the food court.

This year’s festival entertainment will feature exclusive presentations by Kentucky Humanities performers including Daniel Boone: The First Kentuckian, and Dr. Ephraim McDowell: Frontier Surgeon. Also returning to the festival field is All Nations Drum; an Intertribal Native American group showcasing traditional song and dance.

While visiting the Boone County park, be sure to drop by the park’s museum and visitor’s center to see some of the “big bones.” A shuttle van will transport event-goers to and from the festival field, museum, and campground at regular intervals. Don’t miss seeing the bison herd, the park’s living link to Kentucky’s early history.

On Friday, Oct. 19, the park will host school groups. Schools interested in bringing classes to the festival should call the park at 859-384-3522 as advance registration is required to receive the discounted school admission rate. The deadline to register is Oct. 10. Regular festival admission is $5 per person; children 5 and under are free. Admission is cash only.

For information about the park, visit http://parks.ky.gov/parks/historicsites/big-bone-lick/.  Big Bone Lick State Historic Site is recognized as the birthplace of American vertebrate paleontology for its significant role in the development of scientific thought regarding extinction and the relationship between geology and paleontology the world over. The park is located 22 miles southwest of Covington on KY 338, off US 42/127 and I-71 & I-75.  From I-75 north or south, take exit 175 to KY 338.  From I-71 north or south, take exit 62 to 127N/42E to KY 338.

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