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ONE-ON-ONE - September 1999
by Ed G. Lane

"Kentucky is Much Too Poor of a State to Support 120 County Governments"
Lexington’s first mayor of a merged city/county government reflects upon his public service career

H. Foster Pettit

pettit.jpg (13529 bytes)When the City of Lexington and Fayette County were merged into the Lexington/Fayette Urban County Government (LFUCG) in 1974, Lexington native H. Foster Pettit was the new entities’ mayor. Currently, Mr. Pettit is a partner with the law firm of Wyatt, Tarrant & Combs, where he specializes in general civil practice. He received his B.A from the University of Virginia in 1956 and his LL.B. from the Charlottesville university in 1958. Mr. Pettit served as a Kentucky State Representative for three terms, representing Fayette County from 1964-1970. He was mayor of the City of Lexington from 1972-73 and mayor of the LFUCG from 1974-1978. He is the recipient of numerous awards for his dedication to public service, including Outstanding State Representative of 1968, as voted by the Capitol Press Corps and the Citizen of the Year in 1975, as awarded by the Lexington Chamber of Commerce.

It’s been 25 years since the City of Lexington and Fayette County were merged into the Lexington/Fayette Urban County Government (LFUCG). As the first mayor of the merged government, what insight and recommendations can you provide to other cities and counties throughout Kentucky who may be considering consolidation of government services?

I would tell them that the merger of Lexington and Fayette County has been a great success. The merger was difficult to do, but the consolidation of decision-making and services really has been good for the community.

Has the efficiency of Lexington’s government improved since the merger?

At the time the city and county governments came together, there was the equivalent of 2,107 full-time employees working for the brand new merged government. The population of Lexington/Fayette County was 180,000 -- about one employee for every 85 citizens. In 1997, which is the last time I checked this, LFUCG had one employee for every 100 citizens. To me that is a major improvement, particularly when you recognize that in that same 23 years, the quality and the scope of the services rendered by the urban government have been improved substantially.

With the improved operating efficiencies due to the merged government, should Lexington have a lower tax rate or do you think that the merged government is taxing at higher rate because it is providing a higher standard of service?

Let me answer it this way: The current tax is 2 1/4 percent for the local government and that is only 1/4 percent higher than it was in 1974 at the time of merger. At the same time, property tax rates have gone down, although Lexington did add a sewer service charge fee.

Lexington has seen enormous improvement in the quality of the services provided. Upon merger, our fire insurance rates dropped in cost because of the increased number of stations, the firefighters, the equipment, the training. So just in fire services, the merged government substantially increased the quality. That equates to millions of dollars saved on homeowner’s policies. It also equates to saving your life and your property. That is just one small example. Police services, response time, training, and all the rest have been greatly improved.

How was the merger planned and implemented?

Everyone knew the governments were going to be merged in 1974 because of the voter referendum in November of 1972. After the 1972 vote, Bob Stevens, the county judge executive, and I gathered our top staff and retreated to Shaker Village. We sat down and said, ‘How are we going to make it work?’ We were able to consolidate fire, police and park services by agreement before January 1974.

The main problem we faced in the very early years was getting city and county employees to work together. Some of the city employees -- particularly in the police department -- were concerned that their county counterparts weren’t as well trained. These problems were resolved pretty fast. The next problem was installing sanitary sewers in county areas that didn’t have these services. They had septic tanks and so forth. That was terribly important because providing sanitary sewers was one of the reasons that a lot of the urbanized county dwellers voted for consolidating the governments.

What problems remain today with the Lexington/Fayette County Urban Government?

I don’t see any overriding problems with the structure of the urban county government. Basically, what Lexington has now are just the problems that go with a growing city. Frankly, there is nothing of any significance that I would change. Sometimes people blame the merger for the decisions made by the council, the mayor, the planning commission, or some other part of the government, when those decisions have nothing to do with the structure of government. There will always be disagreements with the decisions of Lexington’s officials. That is not the fault of the form of government.

As the new mayor of the LFUCG, did you have to lay off any employees?

Not only did we not lay off anybody, but we promised not to lay off anybody because of merged government. The merged government re-trained a lot of people and put them in other positions. Certainly, we were overstaffed in the police and fire departments. We didn’t need two chiefs. County employees generally were paid less than city employees, so the county fire chief was just delighted to get more money and not be the chief. We had too many assistant chiefs at first, but they tended to retire in three or four years and then we just didn’t fill those positions.

That was the painless way to make sure the employees didn’t lose their jobs. In almost any governmental organization you will have a 10 to 15 percent normal attrition. In the early stages, we understood that and let it occur.

Louisville and Jefferson County have had ongoing discussions about consolidating services. Is this a good idea?

In years past, I have worked with the county judge and the mayor in Louisville. I was involved directly in lobbying for the adoption of a state law to permit Louisville and Jefferson County to merge. The local governments got the right to merge, but on two occasions the merger failed by a fairly small amount of votes. Merging governments as we did in Lexington is the best way, but it is certainly not the only way. If you can consolidate services then you’ve done pretty well. Louisville and Jefferson County have a lot of circumstances different from Lexington’s. Our situation was more ideal for merger. But clearly, if Louisville can consolidate services and facilities, then they should try and do it.

If a judge executive or mayor wanted some advice on merging government, what recommendation would you make?

If there is a sufficient problem in the community that really gains the attention of the people, then you have a good shot at a merger. You can’t merge government just because you say, ‘hey, it will be better’ and ‘it’s academically the thing to do.’

Kentucky has a lot of counties and many of them are small and poor. Would the merger of counties be a good idea?

It is universally agreed that Kentucky has too many counties. We have 120 and Georgia and Texas are the only states that have more. Kentucky is much too poor of a state to support 120 county governments. In some counties, Robertson being one, there are fewer than 2,500 people to support the traditional county officials.

In my Walter Mitty moments, when I think I am the governor, I would attempt to convince the leaders of certain counties that it would be to their great benefit to consolidate. People still have pride in being from a specific county and so merging would be tough to do politically.

Should there be state legislation that grants counties of a certain size or less, if they would consolidate, some sort of incentives from state government?

Merging counties would take the personal intervention of the governor and he would have to come up with economic benefits.

When you were mayor, did you have a chief administrative officer (CAO)?

Yes, it was written into the LFUCG charter. Those who wrote the charter believed that the merged government should have the benefits of a professionally trained administrator of municipal government, a person that essentially is the city manager, but the mayor is still the chief executive in the government.

The CAO is a valuable position and for most mayors it is worthwhile. The only difficulty with the charter was that the CAO was responsive to the mayor administratively, but selected and fired only by the council. That problem was ultimately resolved.

Is the compensation for mayors, judge executives, councilmen, commissioners, etc. adequate for the time they expend?

I don’t think candidates are running because of the money. A low salary might prevent some candidates from running, but you don’t have to compete with top executives in business in order to get quality people to run. There are many more reasons not to run than the fact that you’re not going to make $200,000 a year.

Do you remember what the compensation for mayor was 25 years ago?

When I ran the first time, it was for the City of Lexington, and I was paid $7,200 per year and all the coffee I could drink. I had to furnish my own automobile. Then we merged government, and my salary was increased to $25,000 a year and I had that salary for four years. It is pretty clear that I didn’t run for the money.

How did you decide to run for mayor?

During the early ‘70s, I was on a committee to find somebody to run for mayor. Lexington had leadership that wasn’t serving the community well. We would take assignments and go out and talk to two or three people before the next meeting. Will you run for mayor?

I had developed an outstanding speech about giving back to your community and making a commitment to public service. It was a wonderful speech, but every person I talked to said ‘I can’t do that, my employer won’t let me, my wife won’t let me’ or some other reason. We were down to the wire trying to find a candidate. I drew the short straw and decided to run.

How did you make ends meet on the mayor’s salary? Did you still practice law?

In theory, I was a part-time mayor, because Lexington was a city of the second class. In fact, being mayor was a full-time job and I did quit practicing law. I just had to operate on other financial resources, and I subsidized my service.

Was being an ex-mayor helpful to you in getting clients when you went out of office?

No, it was a liability. It took me five years to convince people that I was back to practicing law.

Is outsourcing of government services a good idea?

It is my general policy to involve private enterprise whenever that is possible. That doesn’t mean that outsourcing can always be done, but today there are more companies out there who can provide the quality services that citizens want.

What recommendations would you give regarding the proposed waterline from Louisville to Lexington?

When I ran for mayor the second time in 1973, there was a proposal for Lexington and other cities to take water from the Kentucky River. At that point, the hot issue was the Red River Dam. I was opposed to the dam for a lot of reasons, but at least it was discussed as an additional source of water for Lexington.

That was 25 years ago. I thought the Red River Gorge was much too valuable to impound. The dam would have created a fairly small lake and siltation would have filled it up over time. The cost was $30 million for the dam, plus you ruin a lovely gorge. My general thought is that Central Kentucky needs to be looking down the road not just five years or 10 years, but 25 or 50 years in terms of a water supply.

I’m generally familiar with what has been discussed -- the pipeline from the Louisville area, crestgates on some of the Kentucky River dams -- provided they can hold them -- and perhaps some other kind of water impoundment. There are those who are against the pipeline because they are fearful that it will create unnecessary growth or urbanization along the route of the pipeline. If you were to build crestgates to impound water, you still have a shortage of water treatment capabilities in Lexington. The crestgates would be cheaper, but you would have to add the cost for an expanded water treatment facility.

In addition, the Ohio River is so large that the water source appears to be very stable.

Controlling growth should be done in each county by using zoning and the availability of sewage treatment systems.

The cost of the pipeline is about the same as the cost of the crestgates with additional treatment capacity. We all need to study the water supply issue further and to make a decision, however difficult it is.

Which of the two proposals -- pipeline or crestgates -- has the least environmental impact?

The construction of the pipeline would have the least environmental impact. Once the project is completed, it is underground. The pipeline would run along I-64 almost the entire way. The pipeline might not be the cheapest, but if you impound the Kentucky River you will flood large land areas. I am not sure how much environmental cost that would be.

If Central Kentucky fails to provide an adequate water supply and the region gets into a serious drought, a shortage could cause disruption in manufacturing and business operations. Will some kind of calamity have to happen before government will take some action?

Typically it takes some sort of catastrophe -- like the 1932 flood of downtown Lexington -- to move people to make a decision. It would be a terrible mistake if our private and public leaders failed to make a decision and move ahead with an alternative water supply. The sooner you solve the problem, the less expensive it will be.

Should Lexington purchase local utility companies?

When I was mayor, I was delighted that the urban county government didn’t own any of the utilities in Lexington. I had enough to look after. Having the utilities managed by private enterprise and regulated by the Public Service Commission was fine with me. I’m inclined to think the same way. There are many complications that grow out of running a utility. One of the risks that I see when municipalities own something like the water company is that every time rates increase, the public thinks the government is raising taxes.

It goes back to my old theory that government should not be engaging in business that can be properly done by private enterprise. Lexington has a good company providing its water and it is not a good idea to contemplate buying the system.

Are Central Kentucky and Lexington perceived as being anti-growth?

Not really. There is something healthy about having a lot of discussion on economic development. The best decisions come out of heated debates. The very sophisticated growth planning effort over the last five or six years gave our community knowledge about how we use our land and how we ought to use our land. Lexington is going to continue to do well.

Amazingly enough, people keep coming here and there is a shortage of houses and unemployment is low. People like to come to a community that is very careful about how it develops.

 

Ed G. Lane is chief executive of Lane Consultants, Inc. and publisher of The Lane Report.

 

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