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Arguments made in JCPenney-Towne Mall injunction case

94.3 The Wolf

Attorneys for Penney Property Sub Holdings LLC, which owns the Elizabethtown JCPenney, and for Linnick Investments LLC, which owns the Towne Mall, were back in Hardin Circuit Court Thursday afternoon for a hearing on Penney Property’s motion for an injunction to halt renovations at the Towne Mall facility.

Zachary VanVactor with Stites and Harbison PLLC called Bill DeMuth as his first witness. DeMuth retired recently from his position as JCPenney’s real estate director, in which position he oversaw development at shopping mall properties. DeMuth said during testimony that he was not part of the recent lease negotiations between Penney Properties and Linnick Investments but he did respond to communication from Linnick owner Tim Aulbach on a proposal for a loading dock to be shared between JCPenney and Bealls. DeMuth said the company denied the proposal for security reasons, and he said Aulbach did not say anything to him about the installation of the wall that was built over the store’s interior entrance to the mall, which was covered as part of plans to renovate Towne Mall into an outdoor shopping space and to move Bealls into the space next door. 

When asked by Linnick’s attorney Shawn Williamson with Wyatt, Tarrant, and Combs LLP about the floorplan for the renovated mall being sent to DeMuth with the loading dock request, DeMuth said no specific request was made regarding the new layout for the mall.

Aulbach was then called as a witness by the plaintiffs. When VanVactor said Aulbach never sent any official plans on the renovations to the addresses listed in the lease agreement between the companies, Aulbach said nobody from Penney Properties said the information needed to be sent to those addresses when discussing the loading dock. Aulbach later said the renovations only became an issue when JCPenney asked to renegotiate its lease agreement. Aulbach said the company’s lease is due to increase to $4 per square foot beginning in 2026, but the company asked to stay at the current rate of $1.90 per square foot. Aulbach said that rate is well below market value and doesn’t offset the $700,000 he has put into roof and HVAC upgrades along with improvements to the building’s exterior. 

When defense attorney Corky Coryell asked Aulbach what impact an injunction would have on the property, Aulbach said “Staggering. It might even ruin us.” Aulbach said stalling the work jeopardizes the $10 million commitment from Malibu Jacks and a $3.5 million lease extension from Belk’s currently in place, as well as about $10 million in potential tenant commitments.

The hearing was adjourned after about five hours with at least one more witness due to be called. The plaintiffs, defense, and court will set the next court date after consulting schedules.

Radcliff council approves one zoning change and votes down another

94.3 The Wolf

The Radcliff City Council met for their first meeting of the month Tuesday, October 15.

The first reading was held on an ordinance for property tax rates and collection procedures.

“This is just basically housekeeping to clean that up to bring us in line,” said Radcliff Mayor JJ Duvall. “Several of what’s in our current ordinances has been repealed over time, and so this is just bringing us up to what the current state regulations are and we just get our ordinance in line with that.”

City Attorney Mike Pike said the ordinance also allows the city to hire a tax collection agent that will be paid using funds collected from delinquent tax bills.

The first reading was held on an ordinance for a zoning change for 408 Shelby Avenue in the Skyview Estates subdivision from R-6 (high-density residential) to R-4 (low-density residential). The city’s planning commission recommended approval for the zoning change. 

The council voted to adopt the planning commission’s recommendation to not approve a zoning change for the west side of the intersection of Bullion Boulevard and North Logsdon Parkway. Pike said the planning commission was not comfortable with the request and the applicant did not appear at the public hearing on the zoning change.

“There were other witnesses who did appear who were against the request, including the deputy garrison commander from the post,who  had concerns about rezoning the property in such close proximity to the boundary of Fort Knox,” Pike said.

The council also approved the purchase of a grapple truck from Best Equipment Company Inc. for $199,505.71 and the purchase of playground equipment for Dawley Park from GameTime for about $38,000. The council also approved the times for the city’s trick or treating, which will be Thursday, October 31, from 5 to 8 p.m.

The Radcliff City Council will next meet for a work session on November 12.

Deer at Breckinridge County farm tests positive for chronic wasting disease

94.3 The Wolf

Kentucky Fish and Wildlife officials are evaluating the next steps after a deer from a Breckinridge County farm tested positive for chronic wasting disease. 

Kentucky Department of Agriculture lab testing confirmed that the dead deer had chronic wasting disease. It’s the second recorded case in Kentucky this year and the first in a captive cervid.

KFW says CWD is caused by prions and affects white-tailed deer, elk, and other animals in the deer family. The disease has no known cure or vaccine, and is always fatal in infected animals.

The disease is not known to be transmissible to people, but the Centers for Disease Control and Prevention recommends not consuming meat from an infected animal or an animal that appears to be sick or in poor condition. The Department of Agriculture has issued a quarantine restricting movement of deer or deer products into and out of the Breckinridge County farm.

Hunters can aid statewide monitoring by reporting sick deer to KFW and by dropping off the head of legally harvested and tele-checked deer for testing and aging at self-serve CWD sample drop-off sites. Location information, instructions, and more information on this free service is available on the KFW website.

More information on efforts to contain CWD can also be found on the KFW website.

UPDATE: Armed suspect confronted by police in Baptist Health Hardin emergency room identified

94.3 The Wolf

UPDATE 10/20/24: The Elizabethtown Police Department has identified the suspect as George Lee Jr. of Radcliff. Lee remains hospitalized in critical but stable condition. The EPD says the investigation remains ongoing and charges will be filed against Lee as the case progresses.

The Elizabethtown Police Department confronted an armed suspect at Baptist Health Hardin Saturday morning.

“Shortly after 5:00 a.m. this morning, our officers responded to Baptist Health Hardin, located at 913 North Dixie, on the report of an active shooter,” said EPD Public Information Officer Chris Denham. “Our officers arrived within just a couple of moments of receiving the initial call, encountered the suspect, and an officer did discharge his weapon, striking the suspect. The suspect was not fatally wounded. He was airlifted from the scene to the University of Louisville Hospital where treatment is ongoing.”

Denham said the suspect was an adult male who has not yet been identified. The suspect was confronted by unarmed hospital security staff prior to the arrival of officers.

“The criminal investigation concerning the shooting at the hospital will be conducted by the Elizabethtown Police Department,” Denham said. “Any investigation concerning the officer-involved shooting will be handled by the Kentucky State Police Critical Incident Response Team.”

The suspect’s injuries are not believed to be life-threatening. No other injuries were reported in the incident. Per standard EPD protocol, the officer involved will be placed on two weeks paid administrative leave. 

The EPD will release more information as it becomes available.

E-Town Council approves water design contract

94.3 The Wolf

The Elizabethtown City Council met for a special meeting Monday.

The first reading was held on an ordinance amending the zoning of 204 Jackie Street from Future Development Holding to Urban Residential General (R-4), which would accommodate a new subdivision. Council Member Julia Springsteen said residents had concerns with the narrowness of the road and confusion between where the area goes from city to county management. City Administrator Ed Poppe said the city plans to put up new signage and has plans for improvements.

“I think what we will do, in conjunction with the development of that new subdivision, is look at an overlay on Jackie Street to look at the pavement,” Poppe said. “We’ve also, as you all are aware, from the money that you all put in the budget each year for us to look at sidewalk connections, it’s now on our sidewalks team list.”

The council approved a municipal order that awards a water design services contract to Kimley-Horn and Associates for work in the Commerce Drive area around the planned outdoor concert venue. Poppe said the $141,000 contract covers three or four smaller projects

“There’s an upgrade to the line under U.S 62,” Poppe said. “There’s an upgrade to the line along Main Street, the line up to Commerce Drive, and then along Commerce Drive to make sure we have the proper flows for fire protection at the outdoor music venue.”

The water projects are a joint venture between the city and Hardin County Water District No. 2.

The council also approved municipal orders approving a change order for work on Meadow Lane, a $58,910 bid from Davis Leak Detection LLC for a required natural gas leak survey, and a $95,000 contract with CMW Inc. for professional services on several parks and recreation projects.

The Elizabethtown City Council will next meet on October 21.

Absentee ballot request portal open for one more week

94.3 The Wolf

The November 5 general election is just three weeks away, and Kentucky voters who are registered to vote are encouraged to take advantage of the multiple opportunities available to cast their ballot.

Voters looking to request an absentee ballot have one more week to do so.

“It will be open through October 22,” said Hardin County Clerk Brian D. Smith. “If you will be out of the county all days and all hours of voting, or you qualify due to age, illness, or disability, please put in those requests early. To request those, it’s at govote.ky.gov or you can call our election staff at 270-765-6762.”

In-person excused absentee voting will be available weekdays from 8 a.m. to 4:30 p.m. in the clerk’s office October 23 through 30.

With this year being a presidential election, Smith told Quicksie and The Wolf that an expanded turnout is anticipated.

“We expect Election Day to be very busy, so we encourage folks to take advantage of the three days of no excuse early voting,” Smith said. “That’s October 31, November 1, and November 2, that Thursday, Friday and Saturday. Come in, bank your vote, and then you won’t have to worry about something coming up unexpectedly on Election Day. On Election Day, we’ll have 15 locations all across the county to make it convenient for everyone to vote.”

Contact your county clerk’s office for more election information or visit govote.ky.gov.

Two local administrators among new KASA board members

94.3 The Wolf

The Kentucky Association of School Administrators elected seven new board members this month, with two coming from local school districts.

The KASA says the new board members serve in a variety of leadership roles across the state and have demonstrated “a commitment to growing leaders, transforming public education, and shaping students’ futures.” The organization says the new board members bring fresh perspectives and new expertise to the KASA’s mission of improving the quality of education in Kentucky.

Among the new board members are Hardin County Schools Chief Academic Officer Greg Sutton, who was elected to represent the Heartland Central region, and Custer Elementary School Principal Renee Wright, who was elected to represent elementary principals.

The KASA is Kentucky’s largest school administrator organization, and the board of directors consists of school leaders from districts of all sizes from all regions of the state. The 27-member board includes four officers, a representative from each of the KASA’s 11 regions, a representative from eight role groups, and a representative from three other education organizations.

The current president of the board is Bullitt County Schools Superintendent Dr. Jesse Bacon. Meade County Schools Assistant Superintendent Marc Adams is the board’s vice president, and Breckinridge County Schools Superintendent Dr. Nick Carter serves as past-president. Central Hardin Principal Tim Isaacs represents high school principals on the board.

Learn more about the organization’s mission at www.kasa.org.

Grayson County skatepark group motivated after weekend concert event

94.3 The Wolf

Twin Lakes Skatepark Project Chair Casey Keown said about 400 people came out to the Logsdon Valley Park Amphitheatre Saturday for their Rock the Park concert event.

“The turnout wasn’t quite what we expected, however, I think everybody that attended was impressed, and I think everybody had a good time,” Keown said. “I know I did.”

The Twin Lakes Skatepark Project is looking to raise $750,000 for the construction of a fully poured-in-place concrete skatepark in Grayson County. While Saturday’s turnout wasn’t as high as the group wanted, Keown said they got high praise from event participants, and the group is as motivated as ever to hit their goal and connect the community.

“A lot of people have doubted us, and maybe that’s a stigma around us being skateboarders, and I hope to kind of change people’s minds that there’s not always a negative connotation with people that are different or don’t think like everybody else,” Keown said.

The concert gave the group a big boost as they pursue their first project goal of $75,000 for design work on the skatepark.

“That includes hiring the skate park specialty construction company, all the schematics, blueprints, 3D renderings, and everything needed for the beginning of construction,” Keown said. “Looking at the numbers this morning, it looks like we did a little over $21,000.”

Visit the Twin Lakes Skatepark Project Facebook page or website to contribute to the project goal or learn more about getting involved.

Area adults encouraged to take advantage of health department’s vaccine program

94.3 The Wolf

The Lincoln Trail District Health Department is reminding area adults to take advantage of the health department’s adult vaccination program.

“You may have heard our advertisements for Take Your Shot, and that’s exactly what we want folks to do,” said Health Department Public Information Officer Melissa Phillips. “As long as you’re 19 or older, you can do this adult vaccination program. We can bill pretty much any kind of insurance: Medicaid, Medicare, most private insurers.”

The health department has about 15 vaccines available for adults, including the main culprits of respiratory virus season.

“Flu, COVID, pneumonia, RSV, but even things like shingles, which some folks have a hard time finding that vaccine,” Phillips said. “Tdap, which has that whooping cough in it, that pertussis, if you’re around babies this time of year.”

Appointments to the health department can be made by phone call only.

“We want you to talk to an adult, especially our senior adults that sometimes have a hard time making those appointments online, and maybe you need more than one service, so we want you to talk to a live person, so you’ll just call the health department in the county that you’re closest to,” Phillips said. “You don’t have to live in that county to receive services from us, but we do cover Hardin, LaRue, Marion, Meade, Nelson, and Washington.”

Contact the health department or your doctor for more information on vaccinations.

Check smoke detectors as part of Fire Prevention Month

94.3 The Wolf

October is Fire Prevention Month, the theme for which in 2024 is “Smoke Alarms: make them work for you!”

“Roughly three out of five fire deaths that we’ve had in the past few years, they happen in the homes where there’s no smoke alarms or ones that are not working, so we’ve gone into fires where there’s a smoke alarm but the crew that goes in said ‘I didn’t hear any smoke alarms going off,’” said Radcliff Deputy Fire Marshal Tommy Crane. 

Crane says people often take a dying battery out and fail to replace it, but when a smoke alarm sounds you typically only have two minutes to get to safety, so take the time to make sure the smoke detector is in working order. In addition to checking the batteries, check on the smoke alarm itself.

“Change them out every 10 years, so every 10 years change those smoke alarms out,” Crane said. “The effectiveness goes down through the years. The other thing is there’s new technology. A smoke alarm that was manufactured 20 years ago has a different sound than the newer smoke alarms, so the newer smoke alarms have a standard they have to meet.”

Make sure you have enough smoke alarms to cover the entire home.

“Install smoke alarms in every bedroom,” Crane said. “Install them outside of each sleeping area, and also install them on every level, including areas like your basement, even if it’s an area that’s not occupied. A lot of people, their basement has their furnace, maybe their washer, their dryer, their water heater. Those are things to consider because those things have the potential for fire.”

Visit the National Fire Prevention Association on the web to learn more about Fire Prevention Month.