Mayor, EDA chair check out firm that bales horse-stall muck and decide to welcome it to Midway Station

By Aaron Gershon

University of Kentucky School of Journalism and Media

Midway Mayor Grayson Vandegrift and Woodford County Economic Development Authority Chair Michael Michalisin of Midway are ready to sell Midway Station lots to a company that bales muck from horse stalls and ships it to Tennessee mushroom farms.

Vandegrift told the Messenger that he and Michalisin met last week with Tom Creech of Creech Services Inc. at his Fayette County facility, and “We agreed that what Mr. Creech wants to bring to Midway Station is not composting and is in actuality simply a transfer point. He takes muck and straw from horse farms, Lane's End being one of them, and bales it via a processor, and then ships it off.”

Composting of animal waste has been prohibited at Midway Station since Bluegrass Stockyards tried to relocate there in 2007, prompting objections and a lawsuit.

In May, then-EDA Chair John Soper that a sale of Midway Station property to Creech would require a petition for a declaratory judgment to determine "if it could exist under a settlement of the lawsuit regarding the stockyards.”

Vandegrift said Wednesday night that he doesn't see that as necessary since Creech is not planning to do any composting in Midway.

“I think that would only come into play if someone were to challenge the sale in court, based on the deed restrictions,” he said. “Obviously, anyone can sue for anything at any time, but after looking at the operation Creech wants to bring to Midway, I'd be surprised if that happened.”

One of Vandegrift's original concerns about the purchase was the potential for odors wafting across Interstate 64 to residential areas, a major concern 13 years ago. “We don't want to stir up the ghosts of the past,” he said in May. Now that he has a clear understanding of Creech’s operations, he says there would be no odor.

Creech said in May that he would like to have a baling facility in Woodford County because he serves so many farms in the county.

Vandegrift said, “Michael and I have both agreed this is a good agricultural business that supports the horse industry and does not produce any discernible odor except for when right up in the building.”

He said the facility would likely add 10 or possibly more jobs to the city.

Vandegrift said he and Michalisin have asked EDA attorney Bill Moore to draw up a purchase contract. It could be approved at the EDA’s next meeting on July 24.

“Once they are approved, the lots sold will be under option for about 90 days,” Vandegrift said. “That allows the buyer to do some due diligence like geotechnical to see what they'll be digging into.”

Legislative report: Graviss decries veto overrides, lists some bills that passed during the final two days

By Joe Graviss
State representative for Woodford County and part of Franklin County

Hi everybody,
   Deb and I continue to pray for health and safety, peace and comfort for everyone.
   Under Kentucky’s constitution, two hard deadlines govern legislative sessions in even-numbered years: They cannot last more than 60 working days, and they cannot extend beyond April 15.
   The coronavirus may have shortened the former this year by more than a week, but the House and Senate tested the limits of the latter by adjourning just minutes before midnight on Wednesday, culminating two long days of work.
   By the time the final gavel fell, the General Assembly had regrettably overridden nearly every veto Gov. Andy Beshear had issued and approved more than 30 bills on top of the 91 already now law.
   Except for two constitutional amendments that will go before voters in November, the fate of the new legislation rests entirely in the hands of the governor, who has 10 days, excluding Sunday, to decide whether to accept or reject these bills.
   In the end, this year’s legislative session was truly unlike any other in modern times. I still believe we should have ended our work last month; Gov. Beshear promised to call us back when it was safe to return. More than 20 other state legislatures did adjourn to reduce the chance of spreading the deadly virus, or used technology to conduct business like so many others. At the very least, the General Assembly should have just focused on quickly passing a budget and covid-19-related emergency measures, especially with the public being necessarily excluded right now. While I am grateful we accomplished those twin goals, we also spent more time than necessary on bills that could have been better handled next year when we’re opened back up.
   While technology helped other legislators to vote and ask questions from the relative safety of our legislative offices or vehicles, even that was too risky for some of my elderly colleagues, unfairly limiting what they were elected to do. I was honored to be asked by my leadership to be one of the only six Democrats allowed on the House floor to help coordinate the process with our members those last two days while social distancing.
   Our primary focus during the session’s last two days was considering the governor’s vetoes. He struck down relatively little while asking for maximum flexibility to deal with the pandemic, and he also sought to keep our coal counties and teachers from bearing an unfair burden financially in this budget. These were sensible requests, but unfortunately they were turned down.
   The same thing happened with his veto of Senate Bill 2, which will now require most voters to show a photo ID, starting in November, counting Kentucky as part of a national trend to suppress the vote. Current law already requires voters to provide some form of ID, but this new requirement will add another hurdle for many who may not drive, who may have just moved or who may have changed their name because of marriage.
   There has not been a single verified example of in-person voter fraud in at least 20 years, and while the bill does provide a free ID for those in need of one, there was little discussion about its potentially high cost. Indiana, for example, spent $10 million on personal IDs over several years after enacting a similar law.
   As Gov. Beshear rightfully noted, the indefinite closure of state offices to the public complicates matters further, and if other states attempting this are a guide, this law will likely be struck down by the courts since it was rushed during an election year. Should that happen, it will only add to the confusion and cost.
   With voting in mind, the General Assembly also approved two constitutional amendments that will be on the ballot during the Nov. 3 election. One known as Marsy’s Law would give victims more of a voice in criminal cases, and if this seems familiar, it’s because a similar amendment was approved in 2018. However, the Kentucky Supreme Court ruled that the language voters saw then was too vague, which is why it is being presented again.
   The other amendment would lengthen the terms of district judges and county and commonwealth’s attorneys to eight years, beginning in 2022.
   Some of the other bills to clear the House and Senate this past week would do such things as:

• Help struggling rural hospitals by making them eligible for economic development loans offered by the state;
• Give the state more authority to reduce jail overcrowding by moving inmates to facilities having more room;
• Update accountability guidelines for our schools, so the public can better follow where they are doing well and where more improvement is needed;
• Create a new program that will make it easier for state employees to be a living-organ or bone-marrow donor; and
• Require law-enforcement agencies to document their guidelines for high-speed chases.

   The legislature did consider more covid-related emergency measures, but the most significant of those did not make it through the Republican-controlled Senate. Had it passed, it would have had our restaurants, hospitals, chiropractors and other professional organizations working on plans advising Gov. Beshear for when the time comes to begin lifting restrictions. It passed the House 86 to 3 and I was happy to vote for it after my colleagues agreed to make some logical, helpful changes.
   Despite it not passing, Gov. Beshear did announce this past week that Kentucky was partnering with Indiana, Ohio and several other Midwestern states to come up with regional plans on how and when we restore more normalcy to our lives. That is certainly welcome news.
   Although our work passing laws is done, it is never too late to let me know your views on issues affecting Kentucky. My email address is joe.graviss@lrc.ky.gov, while the toll-free message line is 1-800-372-7181.
   Thanks for all you’re doing, we’re going to get through this, and holler anytime.

Bradleys reflect with a writer friend on their 41 years at the local grocery, "the community 'hub' of Midway"

Chuck, Scott and Shirley Bradley posed in front of the Midway Corner Grocery after Scott sold it. (Photo provided)

By Renee Head

To a small, historic town named Midway in the year 1979 came a strong, dedicated family: Chuck and Shirley Bradley and their three sons and two young daughters.

What brought this family from Los Angeles to a tight-knit community, wondering how they would be accepted? It was a desire for a safer place to raise their family and a need to help Chuck’s mother care for his grandmother, who was nearing 100.

Chuck had left the Lexington area when he was a young man and hitchhiked his way to Los Angeles! He spent his life in the trucking business. He left his job as terminal manager of the Santa Fe Trucking Co., a subsidiary of the Santa Fe Railroad. Shirley was a hairdresser.

Their family has become a cornerstone in Midway! They owned and operated the Midway Corner Grocery for 41 years. Their quiet children worked behind the cash registers and in the deli, and grew up in the store.

They told them it couldn't be done

Chuck and Shirley have many stories to tell of how God was involved in their move. His guiding eye was directing and protecting their every step. The long drive across our country found them in a terrible snowstorm; it was 5 below and they got a foot of snow. They had to stop every 10 minutes to clean the windshield wipers and headlights. Their steering on the vehicle was not working properly. They managed to get their family of seven safely to Kentucky to live with his mother and grandmother until he could get a job.

The only job he could find wanted him to move to Texas! One day he saw a very small ad in the Lexington Herald-Leader: “Grocery store for sale,” and a phone number. When he called, the Realtor turned out to be his Mom and Dad’s Sunday-school teacher, Bob McCray. He went to look at the store and told McCray he could not afford it. McCray told him there were some creative ways to get a loan. So they did, at 23% interest! That was in 1979, just before a recession.

They had no experience in the grocery business, but they gave it their best. They were in the store day and night, seven days a week. They opened at 6 a.m. and closed at 10 p.m. They stocked the store to the ceilings and greeted every customer. The first thing they did was get rid of the unfavorable magazines. They received letters thanking them for doing that. That’s right, for 41 years they have run a successful grocery store without a dime coming from the unfavorable magazines or beer!

The bankers told them it couldn’t be done! You may wonder how they did it. Well, it was being there for their customers. They started charge accounts, and Chuck started delivering groceries to shut-ins. He would often do little repairs for the customers, especially the widows, while he was there. He would start a pilot light on a hot water heater, fix a toilet and so on! Sometimes they would drive their customers home. They even gave their vehicle to a lady who didn’t have a car. One customer didn’t have any hot water and they got her a portable hot water heater so she could have a hot bath.

They heard the true appreciation from their customers, who would thank them and say they were going to pray for them that night. Yes, it was a heart for people that helped them succeed. Families would buy their entire week’s groceries there. One family in Midway had three of their children work at the store. The lady comes in nearly every day. She thanked the Bradleys for teaching them how to work and to be responsible.

They were told they could not succeed without beer. But succeed they did. Their first year, the business more than doubled, and again the second year! And so it goes. A lot of hard work and a caring heart were more valuable!

Part of the community

The Bradleys lived in Scott County, but became a part of the Midway community. He volunteered at the fire department and was invited to teach a class at the Midway Christian Church how to cook a country ham. Another man knew how to make beaten biscuits so they served it up! Chuck was also on the president’s advisory board at Midway College. It was now home!

Their five kids grew up in the store. Each one learned the business. All the guys worked in the meat department and learned to be butchers. Lesley paid her tuition to Pensacola College working summers in the store. But Wendi was the bravest of all. She worked behind the cash registers and would chase down the shoplifters!

When you have been in business as long as they have, there are several stories to tell. Chuck would sometimes restrain the thief until the police came. He even had to stop one guy beating the police with the handcuffs.

If you ever met Chuck Bradley, you felt like you made a friend on the first encounter. They had small business promotions like midnight sales, 99 cents for a half gallon of ice cream, free coffee, chicken for 29 cents a pound, bacon for 99 cents a pound. One time they had an airplane fly over dropping handbills for free doughnuts or $5 cash! They generated a lot of traffic over that. They had contests and gave away a bike at Christmas.

They would have Wildcat days and put blue food coloring in the mayo. Once they had a Wildcat jacket on display. A customer, Mike Perry, would come in. Every time he saw the jacket he would fall in the floor and say someone give me that jacket! This month Chuck had the great pleasure of taking that jacket and giving it to him! Mike was so thankful. It was a great memory!

But maybe the biggest thing is what goes on behind the little screen door. It’s the lunch line! They serve soup and sandwiches. They started with a little skillet that cooked three cheeseburgers, fresh chuck, never frozen! Then they got a griddle, then three. They finally got a commercial grill! They sell hundreds of fresh, juicy cheeseburgers every day. And you must get a country ham sandwich! It is worth the wait in line.

For decades they sold country hams for the holidays, and even sold homemade jam cakes. Now the specialty is deviled eggs with jalapenos! They make six dozen at a time.

They tried for five years to get permission to put in gas pumps, but were always denied. They kept fighting, and in the mid-1980s, the third judge, Circuit Judge Paul Isaacs said, “You guys have given Bradley enough headaches; leave him alone and let him put his gas station in.”

The Bradleys are deep conservatives. Ben and Jerry’s Ice Cream made fun of President George W. Bush, by pulling a statue they had made of him saying, “Liar, liar pants on fire.” Chuck took all of his Ben and Jerry’s ice cream out of his store and set it on fire. Ice cream won’t burn, so Chuck Jr. got the Herald-Leader papers to burn it! They thought they had used the proper material, a liberal newspaper. A friend of theirs called a Black Hawk helicopter pilot, who flew over and videoed them burning it. It was shown on CNN.

Moving on

In 2001 Chuck and Shirley sold their business to their son, Scott. At age 10 he had started working behind the cash register. That was hard for him because he was a very quiet kid. He never outgrew being quiet, but he learned the grocery business. Chuck and Shirley actually got to retire for two years, except for doing the country hams at Christmas, but came back and continued as bookkeepers.

Scott and the Bradleys have stepped down from the grocery business. After four decades, it was time to move on. The business was sold Feb. 4, and they wanted to take this time to take you back through the years with them.

Their family started with seven, has grown to 31, and is expected to grow more. They have family in the professional world, military life, ministry, medical field and construction. “We are continuing to grow,” Shirley and Chuck say as they end this journey. “We certainly appreciate all the time with friends, neighbors and customers. We want to extend our thanks to all the people of Woodford and Scott county. We appreciate the 41 years Midway has been friends to us!”

They added, “Scott wants to try something new after 41 years in the grocery business. It remains to be seen what road he takes now. He wants to thank all of his customers in Midway for being so kind to him all these years. We want to give our best wishes to the new owners. May they create the relationships, memories, and continue the community ‘hub’ of Midway, Kentucky.Scott, Chuck and Shirley say, “Thanks to all who entered our doors through the years.”

Renee Head of Lawrenceburg is a friend of the Bradleys, who submitted this story to the Messenger. We thank them for it, and invite other examples of journalism by citizens.

Benefit for Katy McDaniel raises almost $3,000; GoFundMe page started for those who couldn't attend

The band Veljeeta was part of the entertainment at the benefit at Northside Elementary School. Dan Trisko is at left.

Story and photos by Megan Parsons
University of Kentucky School of Journalism and Media

Midway residents, friends and family of Katy McDaniel gathered Sunday for a benefit at Northside Elementary School. McDaniel was stabbed 26 times at her home on Oct. 6 and faces a challenging recovery.

Organizers estimated the attendance at about 150.

“This is another great example of what this community does,” Mayor Grayson Vandegrift said in an interview.

The event raised almost $3,000, according to the mayor’s wife, Katie Vandegrift. She estimated that around 150 people showed up in support of McDaniel.

The benefit included a blood drive by Kentucky Blood Center, concerts by Veljeeta featuring Sherri Dan and Jeff from Velvet Elvis, musician Maggie Lander and band Boogie G and the Titanics; a card creation station for Katy and her daughter Lily, set up by the Woodford County Library; and an ice cream cone station provided by Railroad Drug & Old Time Soda Fountain.

Dan Trisko, a member of the band Velvet Elvis, and friend and former bandmate of McDaniel’s father, Scott Stoess, was one of the organizers of the event, along with Katie Vandegrift.

Children and adults made about a dozen cards for Katy McDaniel
and her daughter, Lily, at a station set up by the Midway library.

“As soon as I heard about it, I immediately thought I’m going to call all my friends and let’s put on a show to raise some money for Katy and her family,” Trisko said. “I was just like everybody else, gob-smacked when this happened and knew I just wanted to do something to help.”

Stoess, McDaniel’s father, said in an interview that McDaniel is “improving every day” and he hopes she will be able to come home soon, but will need some outpatient procedures even after her release.

“Katy’s mother, Ilene, and I would like to thank Midway residents for their generous support,” Stoess said. ”It’s been overwhelming. We’d also like to thank the local fire and police departments, as well as the hospital staff for saving our daughter’s life.”

The Midway Branch of the Woodford County Library set up a station for adults and children to make cards for McDaniel and her daughter, Lily. A few dozen cards and crafts were made, organizers said.

“Katie Vandegrift asked if we wanted to set up a table to make cards,” said branch manager and City Council Member Stacy Thurman. She noted that Katy and Lily are patrons of the library: “We know them and would love to do that for them.”

Many conversations at the benefit included how great a person Katy is and how shocked the community was to hear about the attack.

Katy McDaniel (Photo from benefit concert poster)

“Katy is a great person, a loving mom and always would stop and chat. It was a big shock to us and the community that this happened,” said neighbors Nathan and Hope Craig. “It just proves that there are no warning signs for something like this and it’s made our community more aware, to always check on your neighbors.”

McDaniel’s husband, Doug McDaniel, has been charged with attempted murder.

Mick Barfield, who was a co-worker of McDaniel’s at the Origin Hotel Lexington, said she is a great manager of the restaurant 33 Staves in the hotel.

“She is a great leader, very efficient and great with the customers,” Barfield said. “When I first heard, it didn’t seem real I thought it was a rumor. I called Dan, one of the band members performing tonight, immediately to see if it was real.”

The Kentucky Blood Center also conducted a blood drive during the event. The drive had between 25 to 30 donors, which is maximum capacity, Katie Vandegrift said.

One donor was a friend of McDaniel’s, Mark Morrow. He said, “I can’t do much for Katy, but donating blood was a way I felt like I could help.”

A GoFundMe account has been set up for McDaniel, for those who were unable to attend the benefit. As of 10:45 p.m. Sunday, it had raised more than $69,000 of its $75,000 goal.

Midway man faces first-degree assault charge after Sunday morning incident; wife in critical condition at UK

A Midway man faces a charge of first-degree assault on his wife, who is in critical but stable condition at the University of Kentucky hospital, according to Assistant Versailles Police Chief Rob Young.

Doug McDaniel, 31, was apprehended in Floyd County, Indiana, around 2:30 or 3 p.m. Sunday, about six hours after his wife, Katy McDaniel, 29, called 911 from their home in the 200 block of West Higgins Street, Young said.

"It was pretty quick," Young said of the apprehension. "We really got lucky." He wouldn't give details of it, or the crime, other than to say the Floyd County Sheriff's Office got "a report of a suspicious individual at a gas station."

Kenneth Doug McDaniel, who goes by his middle name, was lodged in the Floyd County Jail in New Albany. He awaits extradition to Woodford County, where County Attorney Alan George has prepared a warrant changing him with assault.

The main definition of first-degree assault is one causing serious physical injury by means of a deadly weapon or dangerous instrument. It is punishable by 10 to 20 years in prison.

The incident left many in Midway, a town with little violent crime, shaking their heads. As he opened the City Council meeting with the usual moment of silent reflection Monday evening, Mayor Grayson Vandegrift said, "Keep all people suffering from domestic violence in your thoughts, too. You know who I'm referring to."

Mayor says he will ask council committee to plan for buying water from Frankfort, not Kentucky American

Mayor Grayson Vandegrift told the City Council this evening that Midway should run a water line to the Duckers area so it can buy wholesale water much more cheaply from the Frankfort Electric and Water Plant Board instead of Kentucky American Water Co.

Following are Vandegrift's remarks, as prepared for delivery, followed by additional comments and a report on other action at the council meeting.

Kentucky American Water Co.'s connection to the Midway water system

"As you know, I have been looking into our options as they pertain to our wholesale water supplier. In 1985 the city signed a 40-year contract with Kentucky American Water, meaning that this contract will expire in 2025.

"It is the opinion of our city attorney and his associates that the contract is, at least for now, a valid one. The Kentucky Supreme Court has a case before them which argues that such a contract shouldn’t be valid because Kentucky American should be considered a franchise, not a utility. That case is unlikely to be overturned, and even if it were, the planning for an endeavor such as switching water providers would be a process that could take that long time regardless.

"I have been in discussions with executives at the Frankfort Plant Board, including their chief engineer, and they have assured me that they are ready, willing, and able to sell us water at a wholesale rate. Their current rate for wholesale customers is $2.55 per 1,000 gallons. We currently pay Kentucky American $4.21 per 1,000 gallons. That means we could get water for 40 percent less than what we’re paying now, and we could conceivably cut water rates for our citizens and still flood our water fund with new revenue for infrastructure improvements. And this is before the Public Service Commission rules on the current rate increase Kentucky American has asked for. Who’s to say how many more increases they’ll have received by 2025?

"We owe it to our citizens to find a source of clean, potable water at a reasonable price, and this seems like a no-brainer. We will be responsible for running a water line to the Duckers area, less than two miles from Midway, to hook in with the Frankfort Plant Board’s 20-inch supply line.

"This is a large initiative but one that will have an immediate and long lasting impact on our city and its residents for many years after we’re gone. It is my firm resolve that we begin now the process of switching water suppliers so that come 2025 we’re ready to flip the switch and begin drawing our water from a local, municipal-minded utility as opposed to a publicly traded profit making entity. It has become abundantly clear that Kentucky American’s business model is going to continue to be based on frequent rate increases. To me, that is unacceptable, and we shouldn’t let ourselves be held for ransom every time they decide they’re not making their executives and shareholders enough money at the expense of the rest of us.

"Therefore, I’m asking that the Public Works and Services Committee, consisting of Council Members John Holloway, Kaye Nita Gallagher, and Bruce Southworth as chair, to begin the process of laying out a plan with logistics and probable costs so that on that day in 2025, we’re ready to sell good water at a greatly reduced price. I will be heavily involved with the committee’s work, but will also respect their autonomy as a committee of our legislative body. The committee should consult with the Frankfort Plant Board as well as our engineers and/or consultants we may hire to achieve our goals.

"When we lowered our sewer rates by 25 percent I told you that in my opinion, that was just the start. Significantly lower water bills in Midway, once thought by many to be a fairy tale is now underway, with this even bigger step firmly within our grasp. We have the money and the flexibility to finance this project in a cost-effective way, and one could argue the savings alone would finance the project to come within several years. I hope that the city council will enthusiastically join me in beginning this plan, while keeping all options on the table as we go, so that we can finally realize that long sought after dream, and conclusively turn a fairy tale into a reality."

Vandegrift added that he would "keep all options on the table," because construction of the supply line would require research and purchase of easements, and he said he does not believe eminent domain, or condemnation, should be used for the project.

"It would be a complete sea change in the way Midway utility bills work," Vandegrift said. He said he would welcome a counter-offer from Kentucky American, but "They don't care about Midway."

Budget nears approval: The council heard first reading of the budget for the fiscal year that begins July 1, which it had agreed on at three budget workshops (details here and here). It plans to hold a special meeting at 5 p.m. Thursday for second reading and passage.

Vandegrift thanked Assistant City Clerk Sonya Conner and former assistant clerk Diane Shepard for their work on the budget, which included "figuring out from scratch how to get into ordinance form," following the retirement of Phyllis Hudson as city clerk-treasurer.

For a PDF of the budget ordinance and the rest of the council's meeting packet, click here.

Sidewalk bids in: Vandegrift said the city had received two bids for sidewalk repairs, about $39,000 and $42,000, which he would present to the council at its July 1 meeting. He said he would ask the council to increase the city's maximum contribution to each job to $1,500 or $2,000, from the current $1,000. The city splits the costs with property owners, but its contribution is capped.

"When we set that one thousand, we didn't quite know what the scope of it was," he said. Even with a higher cap, he said, "It'll be more fair, but they'll still pay their share."

Events: The council approved event permits for the 45th annual Midway Fall Festival, to be held Sept. 21-22, and the Bourbon Country Burn bicycle tour, which is expected to bring 1,000 riders to town on Friday, Sept. 27, when riders will follow various courses from the Lexington base camp to distilleries in the Frankfort area.

Fall Festival coordinator Elisha Holt said the festival needs to hire off-duty police officers to direct traffic. Vandegrift said he would discuss that with the Versailles Police Department, which covers all of Woodford County. Holt said the festival's new partnership with the Iron Horse Half Marathon on Sunday, Sept. 22, will bring more portable toilets to the festival, a total of 28.

She said organizers of the foot race want to start music at 8 a.m., but Vandegrift said, "I wouldn't push it" because there are already some misgivings about combining the two events. All present went along with a suggestion by Council Member Sara Hicks that the music be acoustic, not amplified.

City Council passes resolution endorsing resettlement of refugees in Ky.; meanwhile, mayor fears 'event fatigue'

With some disagreement but not much debate, the Midway City Council passed a resolution Monday night endorsing the resettlement of refugees in Kentucky and asking other towns in the state "to join them in supporting a stronger national effort to resettle refugees around the world in need of a home."

The vote was 4-2, with Council Members Bruce Southworth and Kaye Nita Gallagher voting no. "Sorry, Logan," Gallagher told the resolution's sponsor, Council Member Logan Nance, as she voted.

Southworth said the resolution wasn't needed. "This is a federal issue, not a local issue," he said. "This is an issue more for the churches than the government, at a local level."

Logan Nance

Nance, an Army veteran of Afghanistan, replied that there's nothing wrong with a city saying "We welcome you . . . It would be very weird to live in a place where I don't speak the language and I don't have a home. So for some place to say 'Hey, we welcome you,' it is a symbolic thing, but at the same time I think it's a powerfully symbolic thing."

Earlier, Nance said refugees' world has changed, "and they're just trying to find a place . . . they find a place here that is now their new home, so anything we can do to make them feel welcome, I think, is a great thing."

Gallagher, saying she was relaying questions citizens had posed to her, asked Nance why Midway would be the only city in Kentucky to pass such a resolution, and if refugees "do end up moving here . . . who is going to help pay for them to be here?"

Nance said cities like Louisville and Lexington "are probably afraid [to pass such resolutions] because of the backlash they would get." He said refugees are self-sufficient after six months, and are helped by Kentucky Refugee Ministries every day, teaching them English and American culture.

Council Member Sara Hicks said she had worked as a family therapist with refugees, and "They were very honorable and good people." As a child-abuse investigator, she added, "I never had a refugee case, ever. I never had a juvenile-delinquent case."

Council Member Stacy Thurman said, "Gestures like this have to start somewhere," and Council Member John Holloway said, "Absolutely." Thurman said "Logan could have easily backed off of this," but took under advisement comments made at a public forum on the issue.

Nance said he redrafted the resolution in partnership with Kentucky Refugee Ministries. An earlier version was modeled after one prompted by Amnesty International, a group criticized by some opponents of the original resolution.

The public reaction to the original resolution surprised city officials. Gallagher said she thought when she first heard of it that it would pass without controversy, but "We've gotten more flak over this than we did about the Fairness Ordinance, which I think is weird."

In 2015, soon after Mayor Grayson Vandegrift took office, the council passed 4-2 an ordinance he offered to prohibit discrimination in employment, housing and public accommodations on the basis of sexual orientation or gender identity. Gallagher and Southworth voted for it, as did Hicks, the only other current member who was on the council at the time.

Vandegrift said he also was surprised at the opposition to the refugee resolution, but said, "The political situation in America is different" than it was in 2015.

The closest the resolution comes to political commentary is: "The number of refugees allowed into the United States has been slashed to the lowest number in decades," though "there are more refugees in the world today than at any time in recorded history." Last year, President Trump, who made immigration a central issue of his campaign, limited U.S. refugee admissions to 30,000, a record low.

The resolution supports refugees' resettlement in Kentucky "no matter their religion, race, nationality, sexual orientation, gender identity or country of origin" and says Midway "is a welcoming community that celebrates diversity and inclusivity."

About 15 people attended the council meeting. Vandegrift opened the floor for comments, but suggested that those who had spoken at the forum defer to others. No one rose to speak.

Vandegrift, who took no public position on the issue, said before the vote, "The democratic process won out again," and "This city will move forward as a united city."

Other business

The council tabled the Midway Business Association's application for an event permit that would allow it to close the north side of Main Street for pop-up "Makers' Markets" and roving musicians on May 25, June 14, July 12 and Aug, 9, after no representative of the association appeared and Vandegrift said, "There's already talk about event fatigue this year."

The mayor said the schedule, along with Midway Renaissance's Midsummer Nights in Midway, would result in the closing of one side of Main Street every two weeks. He also said he wanted to know "who's benefiting from this financially."

The application says the purpose of the event is to "promote downtown Midway." When MBA event coordinator Elisha Holt discussed the plan with MBA members at their monthly meeting last week, she said they would mean that an event would be scheduled somewhere in the county "every single summer weekend."

The council also:

• Approved this year's sidewalk-repair program, which will involve 11 projects in which the city will pay up to $1,000 of the cost. Vandegrift said some walks to be fixed are among the worst in town, and "I think everyone's going to get a good deal because this is a lot of sidewalks." The city will issue a request for proposals by contractors; Vandegrift said it would include provisions for protecting as many trees as possible. Pictures of the sidewalks to be repaired are in the council meeting packet, a 10-megabyte PDF downloadable here. Gallagher abstained from the vote; one of the properties is hers.
• Appointed Dan Rosenberg and Rich Schein to the Affordable Housing Task Force, chaired by Thurman (who abstained), bringing its membership to seven. Vandegrift said Rosenberg, a bloodstock agent, can reflect horse-farm interests, and Schein will serve "ex officio" because he is the city's representative on the Woodford County Planning Commission.
• Appointed local architect Kevin Locke to the county's Board of Architectural Review, the planning body that considers applications for zoning variances in historic districts.
• Heard Vandegrift announce that former mayor and state representative Carl Rollins will speak at the Memorial Day ceremony in Midway Cemetery, set for 10 a.m. May 27. (An earlier version of this story gave the wrong time; Vandegrift said he misspoke.)
• Heard Nance say that several names will be added to the veterans' monument in the cemetery, "one of the best veterans' monuments in the state, bar none," and that there is still time to submit additional names to the local Veterans Committee.
• Heard Vandegrift say that he hopes to have a proposed budget for the fiscal year beginning July 1 late this week or early next week.

The council heard an appeal for funding from Melynda Jamison, executive director of CASA of Lexington, which runs the program for court-appointed special advocates for children involved in court proceedings in Woodford County. She said the nonprofit recently expanded to the county, with $20,000 in funding from Versailles, and is "very hopeful" for funding from the county. "We are there for what's in the child's best interest," she said.

Jamison said the program expanded to Bourbon County about three years ago, and is fully funded by the county and Paris, but the Woodford County position is not fully funded. She said the county has 26 volunteers and state law requires such agencies to have one supervisor for every 30 volunteers. She said 79 cases of child abuse were documented in the county last year.

Bevin names Paris lawyer Brian Privett to Circuit Court

Judge Brian Privett

Gov. Matt Bevin has appointed Paris lawyer Brian Privett to fill the vacant circuit judgeship in Bourbon, Scott and Woodford counties. He succeeds Judge Paul Isaacs, who retired from the Division 2 seat in the 14th Judicial Circuit.

An election for the rest of Isaacs' term will be held Nov. 6. UPDATE: Privett was a candidate for district judge in the May 22 primary, but withdrew his candidacy April 19.

Privett is a graduate of the University of Louisville law school. A news release from the governor's office said Privett began his legal career in 2007 and has handled civil suits, real estate, wills and estates, family law, criminal defense, criminal prosecution, collections, debtor law, other business law, personal-injury law, equine law, and government and non-profits law.

He has been an assistant county attorney in Bourbon and Harrison counties and assistant commonwealth's attorney for the 14th Circuit. "Privett advocates for the protection of children and has been active in working with both Drug Court and recovery groups," the news release said. "Additionally, he helped found the 18th District Drug Court."

Privett said in the release, “I am so thankful to the Governor and all of my supporters in Scott, Woodford, and Bourbon counties for this incredible opportunity. I look forward to getting straight to work to reduce docket size, to expand our Drug Court, and to make sure cases are adjudicated quickly so that justice can be served in our communities.”

Housing no longer planned for Midway Station; mayor says he doesn't want 'sprawling' housing developments

Midway Station is likely to remain an industrial and commercial development, with no residential zoning. That was the main news as Midway Mayor Grayson Vandegrift reviewed recent developments and looked ahead with the City Council Monday evening.

Vandegrift said developer Dennis Anderson, who has an option to buy much of Midway Station, "is very interested" in changing 61 acres that are zoned residential back to industrial. He said they agree on the need for that, especially with the truck traffic to and from the Lakeshore Learning Materials distribution center that began shipments this month.

"It never really was a good idea out there," with industrial property so close to residential, Vandegrift said.

Midway Station was a failed industrial park in 2008 when the council and the Woodford County Economic Development Authority adopted Anderson's plan to turn it into a commercial and residential development. That plan was delayed by the Great Recession, then was changed by the advent of industry on and near the property and the state's expected disapproval of Anderson's initial tax-increment financing plan to redevelop the property.

Housing: If the 61-acre tract is once again zoned industrial, Vandegrift said, there will be no plans for housing in Midway. He said housing developments need to be affordable for the young and old, have a "small footprint" and "fit with Midway. . . . We do not need another sprawling neighborhood with a big footprint."

Specifically, the mayor said there should be no residential development south of Leestown Road, other than "infill" of small, undeveloped tracts. That could run contrary to the plans of David Thomas Phillips, who owns 31 acres between Leestown Road and the Northridge Estates subdivision. In 2010 Phillips filed a lawsuit seeking a judgment seeking to invalidate development restrictions that were supposedly placed on the property at the time Northridge was developed. The lawsuit has not proceeded largely because Phillips has not pressed it, apparently die to legal complications.

Immediately before his Leestown Road comment, Vandegrift said, "We should be thinking about some guidelines to keep our growth in check and keep it sustainable." Speaking more generally, he said the city needs to look for small industries, not just "whales." Lakeshore has promised to employ 262 people to earn incentives from the city, county and state.

Annexation: The mayor noted that EDA decided last week to exercise its option on 104 acres of the Homer Freeney farm on Georgetown Road, between Lakeshore and the new Brown-Forman Corp. warehouses. "It makes perfect sense for us to annex that. We can create more good jobs and more revenue, and we're not going to encroach on good farmland," he said. "The growth is not going to last much longer. . . . I think we've got to take advantage of it while it's here."

Council Member Sarah Hicks asked if the city should annex the warehouse property, which goes all the way to the Scott County line at South Elkhorn Creek. "I see no reason to," Vandegrift said. "It's a fire hazard," and the county gets the property-tax revenue on the aging whiskey.

The mayor said Anderson has closed on a lot that will be the site of a service station and convenience store on Georgetown Road, and has notified the city of his intent to close on five more acres fronting the road.

On other development topics, Vandegrift said the downtown area is "flourishing" and "is as near to full occupancy as it has been in a long time," the two major exceptions being a building that is blighted and another that the owner won't rent. He said a "longstanding" business that he declined to name wants to move to downtown Midway from downtown Lexington.

Other business: Hicks reported that a plan for trails in Woodford, Franklin and Owen counties will be rolled out at the Kentucky Association of Counties office in Frankfort on Nov. 29 at 11:30 a.m. She said she has worked for two years on the issue and the top priority for Woodford County is a trail from Frankfort to Midway, which she hopes could be extended to Weisenberger Mill.

In the only major business at the meeting, the council agreed to sell the city's 34-year-old fire truck to the town of Berry in Harrison County for $1. Vandegrift said, half-jokingly, "Berry is a much smaller city than us, and as the big guy, we've got to look out for the little fellows."

Bevin appoints new circuit judge from Georgetown

Woodford County is getting a new circuit judge.

Gov. Matt Bevin has appointed Georgetown lawyer Jeremy Mattox of Georgetown as a judge in the14th Judicial Circuit Judge, Division 1, also serving Scott and Bourbon counties, effective Aug. 25. He will replace Rob Johnson, whom Bevin recently appointed to the Kentucky Court of Appeals to fill a vacancy created by the election of Larry Van Meter to the state Supreme Court. Johnson's term runs through 2018. The other judges in the circuit are Paul Isaacs and Family Court Judge Lisa Morgan, also of Georgetown.

A news release from Bevin's office said Mattox is a graduate of Harrison County High School, Georgetown College and, in 2006, the University Kentucky College of Law. "Mattox has practiced law almost exclusively in central Kentucky, representing clients in a variety of civil, criminal and domestic matters," the release said. "He has been involved in a number of civic organizations, including the Georgetown-Scott County Chamber of Commerce and the Kentucky Justice Association," a lobby for plaintiffs' lawyers.

Mattox said in the release, “I am honored by this opportunity to serve the citizens of Bourbon, Scott and Woodford counties and am grateful to Governor Bevin and the Judicial Nominating Commission for selecting me.” The governor fills judicial vacancies from a list of three names submitted by commissions for each jurisdiction. The other nominees were Damon Loyd Preston and Perry Thomas Ryan, also of Georgetown.

Council OKs sidewalk law, delays vote on cost sharing

Council Members Dan Roller, Libby Warfield and Steven Craig
continued to discuss sidewalk issues after the meeting Monday.

The Midway City Council enacted a new sidewalk ordinance tonight but delayed a vote on its plan to split costs with owners of the sidewalks that the city deems most in need of repair.

After a discussion that lasted almost an hour, City Attorney Phil Moloney recommended the council not vote on the resolution because there had been "lots of concerns and suggestions."

The concerns were voiced by Council Member Libby Warfield, who said the plan was unfair to people who have inherited problems with sidewalks and done their best to fix them even though some are on fixed incomes.

"The people that have done the most ignoring of their problems . . . are the people you're going to reward with matching funds," Warfield said.

Moloney said the plan, which includes $27,000 in the new city budget for repairs, is for the safety and welfare of citizens. "The city is going to grade the worst sidewalks and address those first," he said.

Warfield said she didn't have an alternative to offer, but noted that the city has never enforced a 26-year-old ordinance that makes property owners who don't fix sidewalks subject to fines of $10 per day.

Mayor Grayson Vandegrift said the ordinance is "ridiculous" because people who can't afford to fix their sidewalks can't afford to pay a monthly fine of $300 either. The new ordinance makes the fine $25 to $250 per occurence and allows the city to make repairs and place a lien on the property to help recover its costs.

Warfield said the cost-sharing plan would benefit "very few people." Vandegrift, sounding incredulous, asked, "Very few people? What about the people who walk on the sidewalks?"

Council Member Steven Craig said he didn't know if the city could maintain the 50 percent cost-share but said it needs to start taking action on the sidewalk problem.

Council Member Dan Roller suggested early in the discussion that no one with property on the city's list of blighted properties be eligible for sidewalk cost-sharing. Craig and Council Member Bruce Southworth agreed.

Council Member Sarah Hicks said the overall plan could save the city money in the long run by avoiding a lawsuit judgment. Council Member Kaye Nita Gallagher did not attend the meeting.

The sidewalk discussion began during the citizen comment period at the start of the meeting, when Shirley Wilson asked questions about the plan and said she didn't appreciate the Midway Messenger publishing a photo of her sidewalk with her address. She said the city has many worse sidewalks.

The photo showed a sidewalk badly buckled by a tree, creating a hazardous ledge. Wilson said she had been told that the city planted the tree, and "It's always been a nebulous thing as to whose responsibility this was."

Vandegrift said it's "pretty clear" that the property owner is responsible for the tree, and said the city is lucky that it hasn't been sued by someone who has tripped and fallen on such a sidewalk. "A lot of property owners don't want to keep these up," he said, so the plan was designed "to push these along."

Wilson said, "I feel like my concerns are reflective of a lot of concerns because there are a lot of similar situations." Vandegrift replied, "there are a lot of people who are really concerned about the condition of sidewalks."

For a PDF of the council's meeting packet, including the sidewalk ordinance and the resolution, click here.

In other business, the council approved a $1,000 donation to the Woodford County Chamber of Commerce, which had asked for $1,500, the amount it got last year; and approved an event permit for a 5K run to be held for charity on Saturday, Nov. 12.

The council also got reports on the speed monitor on East Stephens Street. On May 12, when the radar was operating in a way not apparent to motorists, 74 percent of the vehicles exceeded the 35 mph speed limit and 11 percent were timed going faster than 45 mph. On May 19, when the radar was operating and displaying speeds, 69 percent violated the limit and 10 percent were timed at more than 45 mph.

Assistant Versailles Police Chief Mike Murray said he asked his officers for more enforcement on the street, and the first night they stopped "nine or 10" motorists and issued "four or five" tickets.

Ky. Supreme Court refuses to hear appeal of rulings denying condemnation power to Bluegrass Pipeline

The legal battle over the Bluegrass Pipeline, led by Midway-area landowners, is over, and they have won. For now.

The Kentucky Supreme Court declined to hear an appeal of a Court of Appeals decision that upheld Franklin Circuit Judge Phllip Shepherd's ruling that said only utilities regulated by the Public Service Commission can use eminent domain, or condemnation, to get easements for pipelines.

University of Louisville law professor Tony Arnold, a land-use and environmental law expert, told James Bruggers of The Courier-Journal that the decision was "significant for both for opponents of the Bluegrass Pipeline and for all Kentucky residents who want to ensure that the exercise of eminent domain for energy development and transmission is held accountable to the public interest."

However, the ruling goes only so far, Arnold said: "National companies seeking to move oil or gas through Kentucky and to use eminent domain to acquire easements for their preferred routes may try to get around (this) limited ruling by partnering with public utilities that are regulated by the Public Service Commission or with state agencies. They would have to provide some sort of benefit or service to Kentucky residents, such as providing some of the oil and gas to Kentuckians. Don't underestimate the tenacity of energy companies to find a way to get what they want."

The Williams Companies put the Bluegrass Pipeline on indefinite hold in April 2014, saying it did not have enough customers for the natural-gas liquids it planned to move to the Gulf coast from oil and gas fields in Ohio, Pennsylvania and West Virginia.

Tom FitzGerald of Louisville, attorney for Kentuckians United To Restrain Eminent Domain, told Bruggers, "I couldn't have had better clients." (Read more)

Court of Appeals upholds ruling that Bluegrass Pipleline can't gain easements through condemnation

The Kentucky Court of Appeals today upheld a circuit judge's ruling that the proposed Bluegrass Pipeline through greater Midway does not have the power of eminent domain to obtain easements for the line that would carry natural-gas liquids.

A three-judge panel of the appeals court unanimously affirmed the decision by Franklin Circuit Judge Phillip Shepherd. Bluegrass Pipeline, which said a year ago that the project had been suspended, has 30 days to appeal to the state Supreme Court.

"Williams spokesman Tom Droege did not immediately return a request for comment late Friday afternoon, nor did representatives of the Kentucky Oil and Gas Association, which has been following the case," The Courier-Journal reported.

The lawsuit was filed by Kentuckians United to Restrict Eminent Domain. Its attorney, Tom FitzGerald, said in an email, "I could not be more proud of the KURE board and members, and Penny Greathouse in particular, for standing up for the rights of Kentuckians."

For a PDF of the Court of Appeals decision, click here.

Judge-Exec Coyle loses rural Midway but wins; Gormley loses family court bench; other judges win; so does Kay

An earlier version of this story contained incomplete results.

Republican Bobby Gaffney carried the rural Midway precinct but lost to Democratic incumbent John Coyle in the race for Woodford County judge-executive.

Gaffney carried the county precinct (which stretches south to Versailles) 234 to 221 while Coyle carried the city precinct 391 to 290.

Gaffney carried four other precincts: High School County, 338-332; Huntertown Church, 342-288; Huntertown School, 257-217; and Southside School, 257-235. The candidates tied in Hillsboro Church with 219. Countywide, Coyle got 5,554 votes, or 54 percent of the total, to Gaffney's 4,735.

KAY WINS: In a race that stretched into Fayette and Franklin counties, Democratic state Rep. James Kay won his first full term in the state House by defeating a fellow Versailles resident, Republican Ryan Schwartz. He carried the city precinct 484 to 209 and the county precinct 266 to 193.

Kay won 59.8 percent of the vote in the 56th District, getting 9,668 votes to 6,498 for Schwartz. He carried Woodford County 6,160 to 4,111, the Fayette County precincts 1,682 to 1,162 and the Franklin County precincts 1,826 to 1,225.

GORMLEY LOSES: Family Court Judge Tamra Gormley of Versailles was defeated by Lisa Hart Morgan of Georgetown in a district that also includes Bourbon County. The vote was 15,606 to 11,778. Morgan won Scott County 8,431 to 5,012 and Bourbon County 3,108 to 2,213. Gormley won Woodford 4,553 to 4,067, the Midway city precinct 292-255 and the county precinct 180-164.

Circuit Judge Paul Isaacs easily won re-election over fellow Georgetown resident Ethyle Noel, 17,617 to 6,807. He carried the city precinct 346-140 and the county precinct 209-86. The other circuit judge, Rob Johnson, was not opposed for another eight-year term.

District Judge Vanessa Mullins Dickson racked up round numbers in defeating challenger Chad Wells in all three counties. the district-wide vote was 15,000 to 9,473; she carried the city precinct 300-188 and the county precinct 205-106. The other district judge, Mary Jane Wilhoit Phelps, was unopposed. Judicial races are non-partisan.

Candidates for mayor, council and judgeships face off

Story and photos by Tessa Lighty
University of Kentucky School of Journalism and Telecommunications

Against a seemingly boring blue background at the Anne Hart Raymond building at Midway College, candidates for office in Midway and the courts met in front of an audience Thursday night to discuss their stands on important matters in preparation for the election on November 4.

City Council Members Sharon Turner and Grayson Vandegrift were the concluding, main event, agreeing on the main issues in Midway, but offering different backgrounds and styles.

Turner has been on the council for almost eight years and her pitch has always been her background and experience, having lived in her native town for a long time, owning a small publishing business and running a beer distributors’ lobby in Frankfort.

“With a background in government relations,” she said, “I really feel like owning and operating a business gives me the skills to handle daily challenges and to problem-solve.” Turner took implicit partial credit for the city’s good financial condition: “Eight years ago … we had $40,000 in reserves. We now have that built up to $600,000 for rainy day funds, major projects.”

Vandegrift, in his second year on the council, is a restaurateur. “In running my family’s restaurant on Main Street for the last seven years, and, in guiding a small business through a massive recession, I was able to learn and hone skills that are valuable to any leadership position,” he said.

Also in his opening statement, Vandegrift said Midway's downtown is "in good shape," and citizens want to see the same attention given to the rest of the city.

Both candidates seemed in agreement on the big issues. They said the most important one is the city’s infrastructure: water and sewer lines, streets and sidewalks. Both said the city should start doing projects on the priority list of a task force that examined water and sewer issues, and said the city is expecting new revenue, presumably from development on both sides of the Interstate 64 interchange.

On the proposed Versailles-Midway-Woodford County government merger, both candidates said Midway needs its own government to maintain its identity, but combining services is still a beneficial idea. “We would lose our identity,” Turner said. “We have to fight for the identity we have now.”

Vandegrift shared those sentiments. “We would lose our voice as a city. We’re a small city but we have a big name," he said. “We would probably go from having eight representatives to having two, maybe three at best.”

Both candidates said Midway’s community spirit would serve it well as it remains independent.

“Together is the key word in all of this,” Vandegrift said. “If we work together as a united community we can achieve every one of our goals. We as Midway citizens are on the verge of being the envy of small cities all across Kentucky,” Vandegrift told the audience of about 50.

Turner said, “It’s a community of hard work and dedication and people do this because they love it. … And we all work together.”

Both candidates indicated that they would run an inclusive administration.

Asked what they hoped to be able to say after one term that would earn them a second, Vandegrift said he would want citizens to say “I felt like I had a voice, I felt like I had a seat at the table.”

Turner said she would want citizens to see that she had brought efficiencies, the right policies and procedures, and better services. She added, “It’s important to feel you’ve had a say.”

Asked to sum up first, Turner said, “I feel like I have the experience and the proven leadership to help serve all of Midway.” Vandegrift said, “It doesn’t matter who has the best idea, as long as we always go with the best idea.”

The city council forum, which preceded the one for mayor, was possibly the calmest of the five, perhaps because there are only six candidates for six seats. Newcomer Kaye Nita Gallagher wasn’t afraid to answer “I don’t know” to a question about the proposed merger.

Much like the mayoral candidates, newcomer Libby Warfield and Council Member Sara Hicks also opposed the merger but said they are open to the idea of merging services.

Much like the mayoral candidates, Warfield referenced the poor infrastructure of Midway. “I think that the sidewalk issue is an important safety issue that we have and that needs to be addressed,” she said, adding on another topic, ”I feel that we have begged and pleaded long enough for an ambulance hub close to Midway.” That is a decision of the county government.

Judicial races create a few sparks

The evening began with Circuit Court Judge Paul Isaacs and challenger Ethyle Noel, both of Georgetown. While they seemed cordial and Isaacs kept his calm demeanor, Noel said, “I decided to seek this position because we need a change.” Noel said.

Isaacs did not respond during the forum to Noel’s main charge, that he moves court cases too slowly. Asked about it afterward, he said, “I find it hard to respond to vague allegations.”

Isaacs has been circuit  judge for 15 years and referenced his experience on many issues. Noel said, “You heard my opponent say he’s been there 15 years and he still wants a chance to go to work every day and I admire that, by the way, happy belated 70th birthday, Judge Isaacs.”

Family Court Judge Tamra Gormley (left) of Versailles and challenger Lisa Hart Morgan (below) of Paris talked of community relations and the importance of knowing the families that judges serve in court. Gormley, however, said her seven and a half years as judge is more valuable to the community than Morgan’s practice of divorce cases and other family law.

Both Gormley and Morgan said the public needs to know more about what Family Court does. “We are under, at least, an ethical obligation to help the community understand the process and make sure that their rights are protected,” Morgan said. Gormley agreed, saying, “Family Court is a team approach.”

The last of the judge candidates were District Judge Vanessa Dickson (left) of Paris and challenger Chad Wells (below) of Versailles.

“If you believe that an incumbent should remain in office just for the fact that they are an incumbent, then I think you have an issue with the democratic process,” said Wells.

Dickson replied, “I’m not running on any expectation that you will elect me because I’ve been your judge. I’m running on an expectation that you will elect me because I’ve been a good judge for you.”

Dickson mentioned she has been an attorney for 32 years and judge for 12 years, implementing new programs such as Teen Court, a “peer sentencing program,” and expanding drug court to District Court.

Wells acknowledged Dickson’s experience and said, “I’m not going to sit here and tell you I know every facet of every field of law that would come before me in the first few months.”

The event was sponsored by the Woodford County Chamber of Commerce and the Midway Woman’s Club. Another forum will be held Oct. 16 for candidates for state representative and representative in Congress.

Oct. 2 forum will include City Council candidates

The Oct. 2 candidate forum at Midway College will include candidates for the Midway City Council, contrary to an earlier Messenger item. The press release from the Woodford County Chamber of Commerce says three of the six council candidates have agreed to participate: Stephen Craig, Libby Warfield and Council Member Sara Hicks. Only six candidates are running for the six council seats, with the withdrawal of Peggy Sharon from the race.

The forum will also include the candidates for mayor, Council Members Sharon Turner and Grayson Vandegrift; Circuit Judge Paul Isaacs and challenger Ethyle Noel; Family Court Circuit Judge Tamra Gormley and challenger Lisa Hart Morgan; and District Judge Vanessa Dickson and challenger Chad Wells.

The forum will begin at 6:30 p.m. in the Duthie Auditorium in the Anne Hart Raymond Building. All candidates are welcome to arrive and set up information tables in the lobby at 6 p.m. to talk with guests individually. Candidates are welcome to stay after the event in the lobby area to speak with guests. The forum is sponsored by the chamber, the college and the Midway Woman’s Club.

Judge declines to seal suit against Midway College, says he would consider request for specific documents

By Bridget Slone

University of Kentucky School of Journalism and Telecommunications

A judge denied Midway College’s request Wednesday to seal public records of a lawsuit filed by seven former employees claiming breach of contract and age discrimination.

Leila O’Carra, an attorney for the college, had filed a motion asking the court to “seal the entire record in this case” in an attempt to prevent “sensitive” financial documents that could cause the college “significant harm” from being released to the public.

According to the lawsuit filed last month, the seven plaintiffs received letters from the college “on or around” Sept. 20, 2013, informing them that “due to alleged financial hardships” it was terminating its contracts on the grounds of lack of “available funding.”  

In the hearing at the Woodford County Courthouse, Circuit Judge Paul Isaacs, right, said the college’s motion to seal the entire record when the case “hasn’t even started” is “extreme.”

O’Carra argued that the legitimate public interest in the case is “minimal” since the dispute relates solely to the employment relationship between the college and the plaintiffs and there are no allegations implicating the public safety or health and, as a result, the judge should exercise the broad discretion that the law gives him to seal the entire record.

Isaacs said he was hesitant to do so because the same discretion would be sought by other businesses.

O’Carra replied that the college’s interests were “compelling” since it wants to seal financial information and because she does not “think the public interest,” in regards to these particular documents, “is affected.”

O’Carra also argued that the sealing of the records would be important in protecting those who are not parties in the suit.

 “You’re asking me to seal documents I haven’t seen,” said Isaacs, noting that he could not know if the documents present a privacy issue if he has not seen them.

Isaacs also said the college’s motion to seal the entire record suggests there “might be something embarrassing to the college” and that is why it wants to close it off from the public.

While Isaacs did overrule the motion, he also said he would “entertain the idea” of sealing specific documents within the case that contained sensitive financial information.

The plaintiffs Richard Berry, 61; Eric Bolland, 66; Stephen Clark, 65; Francis Fletcher, 61; former Lexington mayor Teresa Isaac, 58; Wendy Hoffman, 57; and Saleem Mirza, 52, allege that they did not seek employment anywhere else because they relied on the contracts presented to them in May 2013 and were never advised that those contracts would be terminated.

Midway College also filed a motion seeking dismissal of the plaintiffs’ “promissory estoppel/detrimental reliance” count of the lawsuit. The college argues that because the plaintiffs are also claiming breach of contract they cannot also claim promissory estoppel and “as a matter of law” it “must be dismissed.”

The college has also asked for more time to respond to the suit so that it can make its “response only to those claims that remain pending after the court rules on the motion to dismiss” the estoppel count.

Isaacs did not rule on this motion, but did imply that he agreed with the college’s argument and would dismiss the estoppel count.

UPDATE, July 3: Isaacs declined to dismiss the estoppel count, writing in an order filed July 1 that "Plaintiffs are persuasive in their distinction that their promissory-estoppel claim hinges not on the promise contained within their contracts, but in their extra-contractual discourse with their respective hiring authority." Isaacs also formally rejected the request to seal the record, but said the college could request that parts of material obtained in the discovery process, through subpoenas and depositions, be sealed. Isaacs also gave the college more time to reply to the lawsuit.

Midway-area resident wins ruling against eminent domain for proposed natural-gas-liquids pipeline

By Kayla Pickrell
University of Kentucky School of Journalism and Telecommunications

A judge ruled Tuesday, in a lawsuit involving a Midway-area resident, that a proposed natural-gas-liquids pipeline does not have the right to enforce eminent domain on Kentucky landowners.

Bluegrass Pipeline Co. “remains free to build its pipeline by acquiring easements from willing property owners,” Franklin Circuit Judge Phillip Shepherd said in his ruling. “However, Bluegrass cannot invoke the sovereign power of eminent domain to threaten or intimidate, or even suggest to landowners who have no desire to sell, that Bluegrass has the right to take their property without their consent.”

Penny Greathouse (Photo by Natasha Khan, PublicSource)

Bluegrass said it would appeal and said it has not tried to invoke condemnation power.

Penny Greathouse, who lives in the Scott County part of the Midway postal area, and also owns property in the Franklin County part, said in an affidavit that she talked to a representative of the pipeline four times and he stated that the company has the right to eminent domain but would rather not use it. The representative said in an affidavit that he only referred to a news report of another representative saying that.

Greathouse said Wednesday, “It’s nice now that you as a landowner have the prerogative to say 'no, you can’t be on my property.' People have a clearer feeling of knowing that they are not being forced to sell their property.

“I think a lot of people would have said no a long time ago had this been done prior to.”

Greathouse said she is the only board member of Kentuckians United to Restrain Eminent Domain, the group that filed the suit, to be approached by the pipeline.

Her property is located along Woodlake Road and was on the initial route for the proposed pipeline. Bluegrass was asking her to give it an easement on seven of her 700 acres to place a 24-inch pipeline under the rocky terrain and among some of the numerous lakes on the property, she said.

After she declined the company’s offer, it has moved the route so that it bypasses her farm and goes through one owned by Greathouse Farms LLC, a company owned by her husband, Teddy Greathouse. Bluegrass Pipeline argued that since her property was no longer at issue, she lacked standing for KURED to sue on her behalf.

Sign in New Haven reflects apparent views
of many landowners in Greater Midway.

Shepherd rejected that argument, saying the route could be changed again, and “More importantly, the location of a pipeline carrying highly dangerous and toxic chemicals on the adjoining property gives Ms. Greathouse a continuing real and and substantial interest in adjudicating Bluegrass’ legal right to utilize eminent domain to obtain an easement from her neighbors.”

“I was kind of thinking that they would bury this in the court system and we would never hear from it again,” Greathouse said.

Shepherd ruled that for a pipeline to have the right of eminent domain, it must be “in public service,” as mentioned in state law. He noted that the company admitted that it is not a public utility, and said it would not be servicing Kentuckians in any way.

Bluegrass argued that it would be a common carrier in public service, because manufacturing plants along its route to the Gulf Coast could tap into the line for its products. It noted that a Calvert City chemical plant had reached an agreement with Bluegrass to do that.

Bluegrass also cited a state law giving eminent domain to pipeline companies “transporting or delivering oil or gas, including oil and gas products . . . .”

Shepherd said that when “oil and gas products” were added to the law in 1992, the legislature also required gas companies “to provide services to landowners whose property was used for pipelines,” and be regulated by the state Public Service Commission.

UPDATE, March 28: The Kentucky Oil and Gas Association criticized that part and other aspects of Shepherd's ruling. For a PDF of the statement, click here.

Shepherd was the state secretary of natural resources and environmental protection in 1992. He said the power of eminent domain in a democracy “cannot be delegated to private parties without a clear legislative mandate that such a delegation is in the public interest.”

Shepherd said the threat of eminent domain has a “real and immediate bargaining impact” on landowners. Factors such as legal expenses against the company play a role in whether a landowner gives an easement to the company. “Landowners who do not wish to sell, but who may be unable to finance a legal challenge, are entitled to know that the law does not support Bluegrass’ assertion of the power of eminent domain,” Shepherd wrote.

Bluegrass representative Joe Hollier told the Midway Messenger in an email last month, “We have purchased easements for approximately two-thirds of the route in Kentucky. “We have not used or threatened to use eminent domain to secure easements for the project.”

The company is seeking easements from landowners in about a dozen counties. Based on easements recorded with county clerks, it appears to have had more success in Scott and Anderson than in Woodford and Franklin. As of last month, only one easement was recorded in Woodford and two in Franklin.

According to the U.S. Energy Information Administration, natural gas liquids are “used as inputs for petrochemical plants, burned for space heat and cooking, and blended into vehicle fuel.” NGLs can be ethane, propane, butane, isobutane and pentane.

The pipeline would transfer the liquids from shale-gas fields in West Virginia and Pennsylvania to Louisiana, reversing the flow of an existing line that runs from Louisiana to Hardinsburg, Ky.

College faces lawsuits from fired faculty, injured student

By Bridget Slone

University of Kentucky School of Journalism and Telecommunications

Two lawsuits were filed against Midway College within days of each other this month, one by seven former faculty members, the other by a former student.

The faculty lawsuit was filed March 11 by Lexington attorney Debra Ann Doss on behalf of Richard Berry, 61; Eric Bolland, 66; Stephen Clark, 65; Francis Fletcher, 61; Teresa Isaac, 58; Wendy Hoffman, 57; and Saleem Mirza, 52. It accuses the college of age discrimination and breach of contract.

The lawsuit contends that the faculty members had extensive experience and qualifications in the areas they were assigned to teach and had received positive evaluations, but at the time of their contract terminations, the college hired people who were “substantially” younger than them and were lesser qualified in terms of “experience and/or education” to perform assignments they were performing, or were eligible to perform.

  

The suit says all seven were presented with annual contracts of employment in May 2013 for positions as full-time faculty members for the 2013-14 academic school year. However, in September, the seven received letters from the college informing them that “due to alleged financial hardships” it was terminating its contract on the grounds of lack of “available funding,” the suit says.

The college said in September that it had terminated about 12 faculty members’ contracts and suspended contributions to faculty members’ retirement accounts in order to balance its annual budget after suffering an 18 percent decline in enrollment.

The members dispute the college’s stance, citing multiple grounds. All seven taught in the School of Business, which “as of September, 2013, was, and had been for years, the division with the highest enrollment and which provided a positive cash flow for Midway College,” the lawsuit states.

They also argue that the college had $5.7 million in temporarily restricted assets that could be used for any purpose, along with unspecified “substantial assets” from which funds could have been derived to satisfy the college’s contractual obligations.

The lawsuit alleges that the college “violated the express provisions of its own Faculty Handbook” by failing to avoid premature terminations of the contracts by not pursuing less drastic measures. It says the college “violated its own written procedures for reduction in force, and its duty of good faith pursuant to its contracts with Plaintiffs, by failing to consider seniority, special skill and abilities, and job performance” as well as not involving the faculty in any discussions pertaining to their alleged financial hardship.

The suit also alleges that the college violated its “reduction in force procedures” by terminating Clark and Mirza’s appointments immediately without the minimum 30 days’ notice.

Hoffman, who was a full-time faculty member, had also served as the college’s athletic director for seven years, according to the lawsuit. The position was converted to full-time in fall 2013 and although Hoffman applied, the college hired a significantly younger, less qualified individual, the suit alleges.

The suit seeks unspecified monetary compensation for lost wages and benefits as well as embarrassment, humiliation and, emotional and psychological distress.

Student lawsuit

Amanda Wagner, a former Midway College student, filed suit against the school March 13, alleging that an instructor’s April Fool’s Day joke caused her severe and permanent injuries.

According to the suit, on April 1, 2013, Wagner was in a horse riding class taught by head dressage coach Mandy Alexander, who decided to play an April Fool’s Day joke on her students, saying all of them must either tell a joke or “walk, trot and canter on their respective mounts without stirrups.”

The suit says Wagner told Alexander that she had never cantered without stirrups and she did not feel comfortable attempting it, but Alexander restated to Wagner that she could either do that or tell a joke, and Wagner eventually followed Alexander’s instruction and rode without stirrups on a horse named “Dutch.”

The suit tells the rest of the story this way: Wagner “had no problems holding her balance while she was walking, trotting and even cantering on Dutch.” However, when Alexander signaled to Wagner that she had done well enough and that she could stop, the horse sped up. Alexander then told Wagner to “sit up tall” and when Wagner followed the instruction, the horse started galloping, and when Wagner and Dutch rounded a turn close to the gate, Wagner fell off the horse.

The suit alleges that due to Alexander’s negligence Wagner suffered severe and permanent injuries, including a fractured pelvis and injuries to her lower back.

The suit, filed by attorneys David and Seth Thomas of Nicholasville, asks for unspecified monetary compensation for Wagner’s current and future medical expenses as well as her emotional and physical suffering.

Ellen Gregory, the college's vice president for marketing and communications, did not respond immediately to a request for comment.