SPORTS
SPORTS
Madisonville-North
Hopkins topples
Hopkins County Central
Two bombs detonate
during Boston
Marathon, killing three.
B1
B1
the-messenger.com
Good Morning Hopkins County
TUESDAY, APRIL 16, 2013
Madisonville, KY
$1
AG: Library board
‘subverted’ records act
BY LAMAR BRYAN
MESSENGER LEAD REPORTER
LBRYAN@THE-MESSENGER.COM
Photo Provided
Jamie Key Cryan, a 2004 Hopkins County Central graduate,
is shown in this photo running
in the 2011 Boston Marathon.
Key Cryan raced in yesterday’s
marathon, finishing at 1:59
p.m. local time, nearly an hour
before the first explosions
occurred.
Central
graduate
safe after
marathon
explosions
The Hopkins County-Madisonville Public Librar y board
subver ted the Open Records
Act by not producing renovation
project documents requested
two months ago by The Messenger, according to the state
Attorney General’s Office.
In addition, Assistant Attorney General Amye L. Bensenhaver’s decision found that the
board’s “inability to locate and
retrieve the records is indicative of records mismanagement
war ranting inter vention by
the Kentucky Department for
Libraries and Archives.”
A copy of Bensenhaver’s
decision, issued April 10, has
been for warded to KDLA to
determine if fur ther action is
needed because of the librar y
board’s “failing to ef fectively
safeguard its public records.”
On Feb. 8, The Messenger
filed a written request with the
library board asking for a num-
ber of documents related to the
librar y’s renovation project at
the former Save-A-Lot property
on East Center Street.
The letter sought the following information:
• A copy of any bid or contract for work/services done by
SEE LIBRARY/PAGE A5
White Plains Civil War opening ceremony
J. W. Binion of Glasgow
portrayed Jefferson
Davis during the White
Plains Civil War opening ceremony Monday
at the community center. A large crowd
gathered for lunch and
to hear his portrayal of
the Civil War figure
who served as President of the Confederate States of America
for its entire history,
from 1861 to 1865.
Other events this week
will be a ladies tea and
fashion show on
Thursday beginning at
11 a.m. and on Saturday a full day of events
from a classic car
cruise-in to a Civil War
battle begin at 9 a.m.
BY MIKE STUNSON
MESSENGER STAFF WRITER
MSTUNSON@THE-MESSENGER.COM
A 2004 graduate of Hopkins County Central who
competed in Monday’s Boston Marathon escaped injury
after two bombs went off near
the race’s finish line.
Jaime Key Cryan said she
was a quarter of a mile away
from the finish line when the
explosions began.
Jim Pearson, The Messenger,
jpearson@the-messenger.
com, 824-3229
SEE SAFE/PAGE A5
Family not happy
with Deramo sentence
Consultant proposes raising
$4 million for sports complex
BY LAMAR BRYAN
MESSENGER LEAD REPORTER
LBRYAN@THE-MESSENGER.COM
A consultant proposes to launch
a fundraising campaign for the Hopkins County Regional Sports Complex, with a goal of securing $4 million.
Strategic Development Consultants, headed by Shane Browning,
suggests a 10-month time frame,
broken into three phases, for collecting donations.
Another round of fundraising
would begin in three to five years,
with the goal set at that time based
on needs.
Hopkins Fiscal Court’s building
and grounds committee meets this
morning to discuss the proposal,
which is also on the agenda for the
Fiscal Court session today.
With a federal wetlands permit
recently granted for the site, now
is the perfect time to transition into
fundraising, said Magistrate Christopher Toney, chairman of the committee.
“The goal is the raise $4 million,”
he said, calling that an aggressive
target. “I think realistically they are
going to be able to raise two and a
half to three million dollars.”
The consulting firm proposes to
charge the county $142,000, with
half due at the signing of a contract
and the remainder paid in installments stretched over 10 months.
The fee includes a deduction of
$18,000 paid by the county for a survey conducted by the consultants
last year.
A campaign budget is proposed
at $33,000, including $15,000 for
BY SAVANNAH OGLESBY
charge in exchange for his
guilty plea.
“In a perfect world, there
Members of the victim’s would be no murder and
family left the Hopkins
no crime,” said Brenda
Circuit Court unhappy after Huddleston, Goodwin’s
a Nevada man was
mother. “In this case
sentenced to 10
though, I feel that
years for the 2011
life without parole
manslaughter of
would have been the
Jeremy Goodwin.
minimal sentence for
Arthur Deramo,
what he took from
49, pleaded guilty
the world — from
to the charge in
this family.”
February. He was
Goodwin went
Arthur
formally sentenced
missing on the
Deramo
Monday. The
evening of June
commonwealth dropped
20, 2011. His remains
Deramo’s additional
was found in a field near
unlawful imprisonment
Kentucky 2171 in January
MESSENGER STAFF WRITER
SOGLESBY@THE-MESSENGER.COM
SEE COMPLEX/PAGE A3
INSIDE
TODAY
The Messenger saff
appreciates all of our customers.
Today, we would like to
personally thank Clint Prow of
Dixon for subscribing to the
paper.
Vol. 96, No. 44
Established 1917
W E
W O R K
Business
Classifieds
Comics
Dear Abby
Lotteries
Sports
Opinion
W I T H
A6
B3-4
B5
A8
A2
B1
A7
Y O U R
Specializing in
Muscle, Bone
& Joint Disorders
“He has 10 years to
serve, and we have a
lifetime to serve.”
— Brenda Huddleston
mother of Jeremy Goodwin
of 2012.
Deramo admitted
to manslaughter under
extreme intoxication earlier
this year after initially
pleading not guilty to
crimes related to Goodwin’s
death.
Landon, Goodwin’s
2-year-old son, pointed at
SEE DERAMO/PAGE A2
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THE MESSENGER, Tuesday, April 16, 2013 A5
City launches 3rd America in Bloom initiative SAFE
BY DOREEN DENNIS
MESSENGER STAFF WRITER
DDENNIS@THE-MESSENGER.COM
For the third year, the
city of Madisonville has
launched its America in
Bloom initiative for the
upcoming national contest.
Shane Browning, cochairman of AIB and director of the Community
Improvement Foundation,
told City Council Monday
night the committee is
encouraging residents to
plant hot pink, yellow and
white flowers.
“America in Bloom has
been proven to increase the
standard of living in cities
across the nation,” he said.
L a s t y e a r, t h e c i t y
received a Three Bloom
award in the national contest, one bloom higher
than in 2011. Contest categories are overall impression, heritage preservation,
landscaped areas, environmental awareness, urban
forestry and floral displays.
The judges will visit and
review the beautification
work in the city’s down-
LIBRARY
FROM THE FRONT PAGE
Vista Mechanical Inc.
• A copy of any log,
time sheet or record that
the project manager, Dr.
Bill Smith, building committee or librar y board
may have that tracks by
date what type of work is
being done.
• A copy of any log,
time sheet or record that
the project manager, Dr.
Bill Smith, building committee or librar y board
may have that tracks by
date which contractor is
doing work.
• A copy of any legal
adver tisement placed to
seek bids for work/services.
• An ongoing request
for a copy of all invoices
received after Jan. 31, 2013,
for work, professional services and materials for the
renovations.
Board President Marcella Davis indicated she
never received The Messenger’s Feb. 8 letter, so
the request was submitted
by email on Feb. 15.
After r eceiving the
email, Davis responded by
writing, “As a board, we
will work on gathering the
material you have requested and will send it to you
within a reasonable time
frame.”
When asked for an
update Feb. 20, Davis
emailed saying, “As for
the open records request,
we have submitted it to
(contractor) Fred Johnson
with the request for him to
gather the information that
you want to review. It may
take a few days for him to
compile it, but we will get
it to you as soon as that has
been completed.”
After inquiring a third
time without receiving
a definitive answer about
gaining access to the
records, The Messenger
filed an appeal with the
town, parks and industrial
areas, as well as in neighborhoods, on June 13-14.
After the judging, the panel
will of fer strategies in
improving the community.
Chris Taylor, city superintendent of parks and
cemeteries, will be out with
his team Tuesday surveying trees in the downtown
historic district to see what
kind of work needs to be
accomplished before the
contest.
The council also heard
from Police Chief Wade
Williams, saying Squad B
of ficers collected $2,000
worth of food Saturday at
Kroger and Market Place
for Backpack Blessings,
a weekend food program
for schoolchildren. In addition, the officers collected
$1,600 in monetar y donations. The food was distributed to city schools’
resource officers on Monday, he said.
In other business, the
city:
• Approved an ordinance to accept bids for a
five-year natural gas franchise agreement. Sealed
bids will be read at 10:30
a.m. May 3. The successful bidder will pay a fee
of 1 percent of its gross
revenues to the city. The
contract agreement with
Atmos Energy Corp. is set
to expire May 29.
• Heard first reading to
amend a zoning ordinance
to change the classification
of 3.27 acres at the southeast corner of Anton Road
and Aubrey Prow Lane
from office professional to
medium-density residential.
• Accepted street closures for upcoming Friday
Night Live events.
• Approved Sanitation
Superintendent Rober t
Janes’ request to enter into
a five-year waste disposal
agreement with Hopkins
County Regional Landfill.
• Approved the
Madisonville Noon Kiwanis Club’s request to use
City Park on June 15 for
its “Take a Kid Fishing”
event.
• Heard Mayor Jackson’s proclamation for
April 22-28 as Medical Fitness Week, titled “Aspire
2013,” encouraging residents to participate in the
National Walking Challenge to raise awareness
of childhood obesity and
living healthy lifestyles.
• Recognized several employees for their
ser vice, including Richard Cobb with the police
department for five years
of service; Nathan Lutz for
10 years with the Police
Depar tment; Tim Davis
for 10 years with the Police
Department; Robert Hibbs
for 20 years with the Parks
Depar tment and Rober t
Cunningham for 35 years
of ser vice at the Water
Department.
• Approved water
and sewer ser vice for
Madisonville Congregation
of Jehovah’s Witnesses at
92 Aubrey Prow Road, and
water ser vice for James
and Christina Sprague at
165 Cates Road in Nortonville.
Attorney General’s Office
on March 8.
The library board’s initial response to the appeal,
written by board secretary
Carolyn Ferrell, essentially
claimed the documents
sought were not public
library records.
Ferrell’s letter said the
documents were not “prepared, owned, used, in the
possession of or retained”
by the librar y, so they
could not be readily produced by board. The letter claimed the nonprofit
Librar y Foundation had
fiduciary responsibility for
the renovation project and
proposed to contact the
project manager and foundation, asking them to provide copies of the records.
In a subsequent email
to the Attorney General’s
Of fice on April 3, Davis
wrote: “The requested
documents are held by
Madisonville Contractors Inc., who have been
advised by their attorney
to release no further documents until the outstanding
payments for renovation
work have been made.”
Madisonville Contractors filed a lien against the
East Center Street property on April 6, claiming that
more than $221,000 bills
for the library renovations
had not been paid.
Bensenhaver found that
Davis’ explanations for
not providing the renovation documents were not
precise enough to meet
statutory requirements and
“were factually inconsistent, resulting in a delay of
two months ...
“Ultimately, this delay
was unwarranted,” Bensenhaver wrote. “We therefore find that the Hopkins County-Madisonville
Librar y Board subverted
the intent of the Open
Records Act, short of denial of inspections, by indefinitely postponing access to
records relating to the renovations for a new library
facility.”
The Attorney General’s
Office also determined that
the documents are public
records, prepared, owned
and used at the direction of
the library board. Previous
decisions have established,
according to Bensenhaver,
that the nature and purpose of a document, not
where it is kept, determines its status as a public
record.
“Under no circumstances may a public agency
surrender control of its
records to a third par ty
and thereby abrogate its
duties under the Open
Records Act,” Bensenhaver
wrote in her decision. “To
hold otherwise would promote willful concealment of
public records.”
Bensenhaver ordered
the library board to make
the requested documents
available immediately to
The Messenger.
The librar y board has
the option of appealing the
Attorney General’s Office
decision to Hopkins Circuit
Court.
Davis notified The Messenger in an email Monday
afternoon that she would
collect documents held by
Madisonville Contractors
and make them available to
the newspaper.
A number of questions
have been raised about
the librar y board’s management of the renovation
project, which started in
October.
More than $300,000 has
been spent so far on the
renovations and an additional $120,000 is needed to
complete the work, according to board members.
Work stopped in early
March because of a lack of
money to pay the bills. The
library board was counting
on funds from the $500,000
Glema Mahr Endowment
to par t a por tion of the
bills and to serve as collateral to secure a proposed
$250,000 bank loan.
The Librar y Foundation, a separate nonprofit
group, had been paying
bills with donated funds,
but balked at co-signing
the bank loan or cutting
more checks without a fuller explanation of how the
library board has handled
the project.
In addition, the Kentucky Labor Cabinet is
conducting an investigation
to determine whether the
project is subject to prevailing wage. If the statute
applies, it could increase
the cost of the project by
tens of thousands of dollars
and possibly include civil
penalties.
The librar y board is
threatening legal action
against the foundation in a
bid to regain control of the
Mahr endowment. In 2010,
the board adopted a policy
that transferred the endowment and all other major
gifts to the foundation.
FROM THE FRONT PAGE
“We are counting our
blessings and thinking
of others,” she said in
a text message. “(The)
city is on high alert, and
we are praying for no
more explosions.”
Shortly after the text
cor respondence, cellphone towers in Boston were shut down to
prevent detonations of
other potential bombs,
she said. She was not
able to communicate
until later in the day
when she arrived at her
in-laws’ house, 45 minutes outside of Boston.
The two bombs went
of f near the Boston
Marathon finish line
just before 3 p.m. Eastern Daylight Time. The
cause of the explosions
had not been determined at press time.
National news agencies
wer e r epor ting that
three people had been
killed and more than
130 injured.
“It sounded like the
worst thunder — about
20 seconds away from
o n e a n o t h e r, ” K e y
Cr yan said of the two
explosions. “My husband is a police federal agent, and he knew
something was of f.
When we talked to our
friend racing, he confirmed it was a bomb
or explosion. It just
seemed so sur real. I
didn’t want to believe
it.”
Following the explosions, Key Cr yan and
her husband were in
lockdown at their hotel
just two blocks away
from the scene. They
later received permission to leave the hotel.
“The city of Boston was like I’ve never
seen, there was an eerie
calm,” she said. “We
knew it af fected the
spectators more than
the competitors. It was
really difficult to take in.”
She said perhaps the
worst par t of the day’s
events was the uncertainty of what was going on.
“No one knew what
had happened except for
the ones in the general
area,” she said.
It was the fifth career
Boston Marathon Key
Cryan had raced in, and
she crossed the finish
line at 1:59 p.m. The first
explosions occurred just
under an hour later.
The 27-year-old finished the race in 3 hours,
36 minutes, 52 seconds
— about four minutes off
her pace from last year.
She ran with her husband, Brenden, a native
of Boston who competed
in his 11th career Boston
Marathon. The two currently live in Louisville.
Danny Key, Jaime’s
father, said he got sick
to his stomach when
he first heard the news
of the explosions. He
spoke with Jaime shortly before the event
occur red, as she told
him they had completed
the race and were heading back to the hotel.
Danny was unable to
contact his daughter
after he heard of the
explosion, but he eventually did receive a text
message from her.
“She sent a message
saying they are on lockdown at the hotel and are
OK,” he said. “We were
just glad to hear they
were OK. Hopefully the
rest of them are too.”
Key Cryan was under
the impression that her
flight back to Kentucky
T uesday night would
be delayed, but she
received word late on
Monday that it is still
on as scheduled. Before
landing back in Louisville, she and her husband will have a connection flight in Washington
D.C., where she expects
security to be very tight.
“At this point, I just
want to get home,” she
said.
2013
12
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