Mayor says 'rude subcontractors' broke gate locks, allowed animals to escape and painted willy-nilly

Image from MetroNet video shows temporary paint used to mark existing utility lines. Mayor Grayson Vandegrift said employees of a MetroNet subcontractor painted the lines on personal items in yards, broke gate locks and let animals escape.

By Aaron Gershon
University of Kentucky School of Journalism and Media

Mayor Grayson Vandegrift says he has warned MetroNet, which is installing high-speed fiber optic cable to every home in Midway, that he will not tolerate what he called "rude subcontractors."

Vandegrift said residents reported that workers locating existing utility lines Tuesday broke padlocks off a few residents’ gates; left several gates open, allowing animals to escape; and spray-painted line markers over personal items in yards rather than leaving a small gap in the line.

"While these were not employees of MetroNet, but rather other utility companies, I still hold MetroNet responsible, as it is their project," Vandegrift told the Messenger. "If they want to follow up with the utility companies that didn't act in good faith, so be it, but we can't allow the blame game."

This is not the first time he has heard MetroNet has been called out for rude subcontractors, the mayor said.

"I've heard many rumblings of ham-handed subcontract work by residents in Lexington and Versailles," he said. "I want to avoid those stories here. I believe so many of these issues could be solved by communication, and I was disappointed I wasn't contacted by MetroNet before the locators began on Tuesday, as I could have warned residents to unlock padlocks and beware of locators needing to access their property.

Vandegrift said he had a productive conversation Thursday morning with MetroNet's executive regional vice president, government-affairs liaison and its project manager to help clear the air.

"I believe they understand that we are a city that prides itself in keeping our residents in the loop at all times,” he said, “and that we'll demand that employees and subcontractors be respectful and communicate with residents as well."

The mayor said he made it clear that during the current trying times, there's no room for disrespecting the properties of Midway residents.

"During a pandemic, when people are more stressed, and in some cases already feel overburdened by government right now, it is important that folks feel that people entering their property are respectful, as little intrusive as possible, and that bury utility lines with respect to people's gardens and personal property as best as possible while properly using the utility easements," he said.

He added later, "They were very receptive to the sensitive nature of the current circumstances, and I believe they will make sure this kind of thing doesn’t happen again."

The mayor acknowledged that there is little he can do but object. He said he could use his emergency powers under the pandemic to "exclude all nonessential, unauthorized, disruptive, or uncooperative personnel from the scene of the emergency," but that would only delay installation, "and I certainly don’t even want to have to go there. I did want to get their attention, and luckily I did."

Vandegrift said he remains confident that the project will end up being a boon to the town and bring much-needed improvement for telecommunication services in Midway, as early as August.

"I believe firmly that MetroNet will bring a much needed new competitor to our city for internet, phone, and television,” he said. "Their use of fiber optic line is a true 21st century technology that will be here for a long time."

Vandegrift said MetroNet is “very committed to restoration” and has promised these steps for better service going forward:

●  Use the “path that is least intrusive” within the easement, and two feet from existing utilities, to avoid disrupting service.

●  Do anything they can to go around trees, gardens, or other personal items.

●  Residents can call two different numbers with any concern. MetroNet will open a “ticket” with each call to track progress and fix any issues.

●  When a trench is dug to bury cable, they will seed and straw. If they don’t do it to your satisfaction, you can call 859-785-1107 or 1-877-386-3876 and they will do it to your liking.

●  If a planting of any kind is disrupted, they will replace it to your specification.

●  If a garden is in the easement and they can’t go around it, they will bore underneath, to avoid tearing it up.

●  Subcontractors will be briefed and reminded on a regular basis that in general, everyone is more stressed now than usual, so they need to be mindful of that.

●  A local man, Doug Haney, will be in charge of local engineers and overseeing the subcontractors, and will be someone who can assist you with any issues.

●  As any issues arise call either 859-785-1107 or 1-877-386-3876; both are customer service lines, and MetroNet is committed to making residents satisfied once this more intrusive phase is over.

Vandegrift said he urges anyone to contact him directly if any issues occur.

MetroNet has a short video describing the installation process at https://www.youtube.com/watch?v=Ca30L1RAMNI&feature=youtu.be&app=desktop. 

Message from the mayor: New internet, phone and TV provider will soon start running lines all over town

"Anyone with a small sign in their yard can expect subcontractors for MetroNet to be doing some form of construction through the utility easement that they also have access to," Midway Mayor Grayson Vandegrift says in his Message from the Mayor.

By Grayson Vandegrift
Mayor, City of Midway

MetroNet will soon begin the construction phase of installing high speed fiber optic cable to every home in Midway. When this is done, each citizen will have a new option for cable, internet, and phone access.

However, I want to make each of you aware that I expect this phase to have a few bumps, and I think the better prepared we are the smoother we can make it. Where utility poles exist, MetroNet will be running their cable along those poles, but each property in town will also have a fiber optic line running into their yard, and that will still require a small ditch in many yards. Neighborhoods with buried utilities will have everything run underground, and many yards, if not most, will have a ditch as well. All ditches will be patched with seed and straw and will eventually be good as new, but I do expect that not everyone will be in love with the process.

But, in the end, this will provide more options, and competition means better services for our citizens. Anyone with a small sign in their yard can expect subcontractors for MetroNet to be doing some form of construction through the utility easement that they also have access to. This means that employees will be legally allowed to enter premises so long as they’re on that easement, in order to complete their work. As jarring as it sounds, employees can enter a back yard with a privacy fence, but again, only to bury their cable along the easement.

I’ve been in close contact with Kris Smith, the governmental affairs liaison with MetroNet, and with their construction team, and they’ve committed to us that they’ll do their utmost to make this construction phase as smooth as possible.

This can be a difficult process, and it’s possible that other lines could be inadvertently hit, temporarily disrupting service. Although we hope that doesn’t happen, it’s something everyone should be prepared for. MetroNet has repeatedly assured that they will do everything to solve any situation as quickly as possible. The small yard signs in resident’s yards give a phone number they can call anytime to address concerns.

I’m confident that once the fiber optic is in place, this will be a great improvement for the city and for our citizens. Recent studies have shown that having fiber optic cable directly to one’s home, even if the current occupant doesn’t use it, can raise the home’s value as much as 3%. Anecdotally, in a world where streaming is becoming the norm, I believe these studies to be very plausible in their findings.

The direct number for MetroNet, posted on their yard signs, is 877-386-3876. Folks can also visit MetroNetInc.com/construction for more information.

Legislatve Update: Session ends with passage of public-employee pension bill Rep. Graviss opposed

This column is a combination of one submitted last week and one submitted tonight.

By Joe Graviss
State representative for Woodford and parts of Fayette and Franklin counties

When the General Assembly returned to the Capitol on Thursday to complete this year’s legislative session, one unresolved issue towered over the rest.  Regrettably, the solution now set to become law is not the one we need, and the very way it was approved – late at night, before the bill could even be read – was a near-repeat of last year’s controversial and ultimately unconstitutional public-pension bill.

That 2018 legislation, as you may recall, was mainly about retirement benefits for teachers, while this year’s deals with an extreme jump in retirement payments for our regional public universities and quasi-government agencies like health departments and rape-crisis centers.  If nothing is done, these payments would set them back more than $100 million annually, causing steep cuts in services and likely forcing some to close.

The legislature gave these universities and agencies a 12-month reprieve last year, and in the House, at least, there was broad, bipartisan support to extend that freeze for another 12 months.  That would give the legislature’s new public-pension working group time to come up a permanent solution that could then be addressed as part of the next two-year budget.

The Senate, however, did not want to go that route, leaving us in search of another way, which is what passed in the session’s final hours on Thursday.  Governor Bevin now has 10 days to decide whether to veto or sign it into law.

Many may wonder why these retirement payments were scheduled to go up so much so fast.  A significant reason can be traced back to the summer of 2017, when Governor Bevin’s new appointees on the Kentucky Retirement Systems board immediately dropped annual investment growth assumptions to the most conservative rates in the nation.

These investments make up a substantial part of each retirement check, so that single vote meant that the long-term liabilities went up by billions of dollars overnight.  That, on top of the board’s additional changes in payroll growth and inflation rate, meant every agency contributing to these systems saw their annual payments go up significantly, too.  The state is able to absorb these costs, but many of our quasi-government agencies are not.

What the legislature passed on Thursday grants that second-year freeze everyone wants, but at a too-steep cost that puts more pressure on state finances, harms the most underfunded public retirement system in the country and makes it possible for hundreds if not thousands of public employees/retirees to lose benefits they’ve earned and are counting on.

It is a complicated matter, but this bill takes the affected universities and agencies out of the state retirement system – unless they decide by the end of December to opt back in.  If they choose to remain, they will have to find a way to pay a 70 percent increase in their annual retirement payments.

If they stay out, however, they will have to pay off their portion of the retirement system’s liabilities, but at a rate low enough that it would take decades, maybe a half-century or more, to get there.  Imagine buying a house with a 30-year mortgage and finding out that, at the end, you owe more than you did when you bought it.  That’s what this bill does.

For the universities and agencies leaving the state retirement system, new employees and those hired since the start of 2014 will be placed in a defined-contribution retirement plan like a 401(k).  Career employees hired before then would have the option of staying enrolled in the state retirement system, but if their school or agency defaults on just one monthly payment, they will immediately and permanently be placed in the 401(k)-like retirement plan with the others.  Those already retired from these agencies would also see their benefits stopped as well, until the matter is resolved and monthly payments resume.

It is important to emphasize that this bill only affects those paying into what is called the Kentucky Employee Retirement System.  This bill has no impact on teachers, local government employees and those who work in hazardous-duty jobs like police officers and firefighters.  Employees at the University of Kentucky and University of Louisville have different retirement plans and are unaffected, as well.

Other bills

Although this bill was the most controversial issue the House and Senate considered on Thursday, some other worthwhile bills did pass that day.  One will have businesses make reasonable accommodations for its pregnant employees, while the other will make our elementary and secondary schools tobacco-free unless they decide to opt out.  Most schools have already adopted this policy, but this will ensure it applies more uniformly.

Most bills that clear the House and Senate fall into five broad categories: education; health and well-being; criminal justice; economic development; and tweaks to the way government is run.

            The most prominent, and bipartisan, educational bill this year is focused on improving school safety.  Senate Bill 1 is the product of months of work last year by a task force formed as a response to the Marshall County High School shooting in early 2018.

            In short, this legislation streamlines school safety at both the state and district level and sets the stage to hire more school resource officers and guidance counselors within our schools  Legislative leaders have said they will increase funding for this work when the next two-year budget is adopted in 2020.

Another new educational law that drew significant support this year broadens the use of KEES, which high school students earn with good grades to help pay for their postsecondary education.  In this case, they’ll soon be able to use their lottery-funded scholarships for qualified workforce training.

Two other high-profile educational bills set to become law drew strong opposition from teachers and many like me who support our educators.  One will give the Jefferson County superintendent much more authority over who will be principal in that district, while the other changes the tribunal process used to handle appeals of a teacher who has been fired.  There is worry this new system will be unfair to teachers who feel they have been wrongly dismissed.

Quite a few bills to pass the legislature this year deal with criminal-justice matters, with two building on already-established laws.  The first of those expands the Class D felonies that can be expunged – which will help many more citizens who have long paid their debt to society – and it lowers the fee for this process from $500 to $250 and allows it to be paid in installments.

The second expands the use of DUI interlock devices, a type of breathalyzer that keeps a vehicle from starting if the driver is intoxicated.  Starting in July 2020, this law will apply to every first-time DUI offender, and he or she will have to use it for four months.

While these two laws modify existing statutes, another effectively does away with one that has been on the books since 1996.  In this case, Kentuckians 21 and older will no longer need a permit or the training it requires to carry a concealed weapon.  This will not apply to those who are otherwise not allowed to have a firearm, and other restrictions about where concealed weapons can be taken remain unchanged.  This law takes effect later this summer.

In other criminal-justice actions, the General Assembly cracked down on telemarketers who try to trick unsuspecting callers by using local numbers, and we also toughened the penalties for those guilty of strangulation.  Those who threaten places like churches and other public venues will face more serious punishment, as well.

There are some new laws that I opposed.  One, for example, will almost certainly undermine our growing solar industry by making it tougher for new residential customers to get full credit for the excess electricity they return to the grid.  A viable compromise originally passed the House, but that was unfortunately removed in the session’s final hours.

Another new law takes away much of the Secretary of State’s election responsibilities by removing that office’s vote on the state Board of Elections, meaning this board is now governed entirely by gubernatorial appointees.  The Secretary of State is our chief elections officer, so this change removes some key constitutional checks and balances. 

Several new laws will help veterans and those still serving our country.  It will soon be easier for those in the service to maintain in-state college tuition costs and stop select utilities without penalty if they are based out-of-state.  They and their spouses will also have an easier time getting interviewed when applying for state-government jobs.

Overall, this was a consequential legislative session, and I want thank everyone who let me know their thoughts and concerns.  It made a difference.  Looking ahead, I encourage you to keep reaching out if there is an issue you think needs to be addressed. 

If you would like to know more about legislation or the legislative process, please visit the General Assembly’s website at www.legislature.ky.gov. 

            Thanks for all you do, and holler anytime.

Windstream says high-speed rural Internet, with feds paying 75% of construction cost, will be available in Oct.

By Kristen Sekinger

University of Kentucky School of Journalism and Telecommunications

Windstream Communications is extending high-speed Internet service to Midway and many other rural areas in Kentucky with the help of $60 million in economic stimulus grants from the federal government.

The fiber-optic service will include places where the company currently has no customers for its copper-wire Digital Subscriber Line service, said Scott Morris, senior adviser for corporate affairs and spokesman for Windstream.

That is good news for horse farms like Airdrie Stud on Old Frankfort Pike, which needs two separate lines in order for everyone who needs to watch online video of horse races to do so at the same time, adminisrator Laura Sullivan said.

“They watch horses on a daily basis,” she said. They’re on it all the time watching our horses. It is very important.” She said the Gainsborough, Three Chimneys and Darby Dan farms, all along Old Frankfort Pike, are in similar situations dealing with slow service.

Sullivan said Windstream is the the farm’s only choice because Time Warner Cable, which offers Internet with TV and phone service in Midway, doesn’t reach Airdrie. “There is no other option at this point other than Windstream,” she said.

Morris said Windstream is mainly a rural provider and wants to expand broadband services to as many places in Midway that they can fit within the budget. The grants from the 2009 economic stimulus legislation will enable much faster Internet connections as well as expand future selection of communication and entertainment services, he said in an interview.

The idea behind the stimulus grants, he said, is to provide high-speed Internet services in areas where it wasn’t previously possible for financial reasons. “In the country, if you live really far out, you probably can’t get broadband speeds, you can probably only get dialup,” he said.

Broadband speeds are often not as fast as expected. Sullivan said Airdrie gets up to 3.5 mpbs, but the speed varies, getting even as low as “one and a half [mpbs], depending on the day.”

The grants cover 75 percent of the project costs throughout the country, leaving Windstream with the other 25 percent, roughly $16.4 million in Kentucky.

“Windstream was the largest recipient of these grants,” Morris said. “What we’re doing is we’re filling in gaps in our network where there is dialup service but not broadband service. Each one of these projects are relatively small because they’re just filling in pockets under the rules set by the agricultural program … which determines how much money would be awarded per location.”

The grants came through the Department of Agriculture's Rural Utilities Service. RUS spokeswoman Anne Mayberry said in an email, “When complete, Windstream estimates the network will offer broadband service to approximately 225,000 households, 10,000 businesses and 1,000 anchor institutions, such as schools, libraries, hospitals and municipal facilities in 80 communities.”

Mayberry said Congress passed the stimulus package ‘‘to help lift our nation from the greatest economic crisis in our lifetimes and lay the foundation for future growth.’’  She said the package provided RUS with $2.5 billion to expand access to broadband services in areas that are at least 75 percent rural and ‘‘without sufficient access to high speed broadband service to facilitate rural economic development.’’

Morris said after the project is complete, which is to be in late October, Windstream will notify prospective broadband customers that the service is available in their area. The customers decide whether or not they want to sign up for it.

“When we deploy the fiber optic cable and electronic hardware that is necessary to deliver broadband to unserved areas, we frequently pass by existing customer locations. In some cases, these current customers may then qualify for faster speeds,” he said. “It would be up to the customer to decide whether he or she wanted the faster speed. There are no automatic price increases.”

For example, Morris said customers who previously qualified for service with a speed of up to 6 megabits per second might qualify for up to 12 mbps after the project is finished.

Windstream has leased the former city dump on Spring Station Road from the city for an installation related to the project and is paying the city a one-time fee of $15,000, three times what it originally offered.