Mayor says he will use persuasion, 'market forces' to compel compliance in reopening, but not 'three strikes'

Elisha Holt does a Midway Business Association video about the Historic Midway Museum Gift Store, part of a series tied to retail reopenings, as co-owner Leslie Penn watches and Morgan Castle records. The store will reopen on a limited basis.

By Aaron Gershon
University of Kentucky School of Journalism and Media

The Midway City Council heard Mayor Grayson Vandegrift outline the city's game plan as several businesses are set to reopen this week with Kentucky’s covid-19 restrictions gradually being lifted.

Vandegrift also discussed his new “middle ground” budget, and the council approved three zoning-ordinance changes, in another council meeting held online due to the pandemic.

Reopening and enforcement: Vandegrift told the council that he has sent both digital and hard copies of the reopening guidelines from the Centers for Disease Control and Prevention to businesses, and expects workers and customers to follow them closely.

"We're going to be strict about this, as we should be," the mayor said, adding that violations of the guidelines should be reported: "Tipping ain't snitching." However, he said reports should be made to him directly via phone call, text, or email, not to police, who he said are busy enough already.

Vandegrift said “There are some things we can mitigate ourselves, just by talking to business owners,” who are responsible for controlling behavior in their premises. He said after the meeting, “The optics of having a police officer come to a business is not really something we want to do.”

Council Member Sara Hicks said she has had “some kind of scary experiences” in a Lexington grocery of people not wearing masks or keeping six feet apart, and asked Vandegrift “who is responsible for following those rules, besides the customers.”

He replied, "I do consider myself somewhat responsible for making sure the governor's guidelines are being followed. You know, we're not going to create a police state. . . . My approach is going to be this, that no restaurant and no shop wants to permanently damage their brand right now by being the place that created a virus farm."

He said customers will be expected to wear masks indoors, except when eating, but “We as a government can’t force people to wear masks,” so it’s up to business owners.

“Restaurants need to know that right now, their duty is heightened, in a sense,” he said. “They really, I think, need, and I think they will, step up to the plate and help enforce these guidelines, because they don’t want to be the restaurant that gets in trouble; they don’t want to be the restaurant or shop that gets shut down and loses their business license over, you know, infractions. They don’t want to be the restaurant known as the place that started an outbreak in a city that had zero confirmed cases. And I think in that sense, market forces can help keep them in line.”

The mayor, a former restaurateur, said he knows how hard it is to tell independent-minded customers that they have to do thing they don’t want to do, but should think of the mask rule as just the latest addition to the standard sign, “No shirt, no shoes, no service.” He added, “That mask is not to protect you, it’s to protect other people.”

Asked after the meeting what the penalties for violation would be, he said “I don’t think it’s going to come to a point where we have to do something drastic, like pull a business license.” He said he would use “open communication” and “honest dialogue” and give violators an opportunity to comply, but there is “not gonna be three strikes.”

Vandegrift said Midway’s experience would be “a bit of a case study” because it is a small town that attracts many visitors.

“Everyone's got to stay vigilant, using social distance, wearing a mask and using the proper hygiene to keep our numbers as close to zero as possible,” he said. No cases of the virus have been reported in Midway, but “I’m sure it’s been here in one form or another.”

Many visitors come to Midway’s restaurants, which can reopen Friday but with only one-third of their normal indoor seating capacity. Vandegrift said he would issue an executive order letting restaurants put tables in parking spaces that the city has designated for curbside pickup, and waiving fees restaurants normally pay to use their sidewalks to set up outdoor tables

He said the order will also allow alcohol sales at such tables, but he would not reinstate the "entertainment destination center" ordinance that allows patrons to carry open beverage containers between businesses. "I think we need to step slowly into this," he said. "I don't think it's the time to encourage congregation downtown."

Vandegrift said outdoor dining is safer than indoor dining. "Indoors has poorer circulation of air, and ventilation systems can pass covid-19 to others."

Restaurants will still be advised to encourage customers to use their curbside pickup, online ordering and delivery options.

“The restaurants and shops that adapt are the ones that will survive,” Vandegrift said. “No restaurant can survive on just 33 percent occupancy.”

Budget: With reopening on the horizon, Vandegrift discussed his recently revised "middle ground budget" that adds back some expenses he and the council agreed to cut when city revenues were more in doubt.

The “bare bones budget” cut almost $200,000 of spending from the mayor’s proposed budget for the fiscal year that begins July 1.

That is now “not necessary,” he said, mainly because the city’s largest employer, Lakeshore Learning Materials, had furloughed 225 of its 300 employees, putting a hole in the city’s largest source of revenue, the occupational tax on wages and net profits.

Now Lakeshore plans to bring back its full workforce in the next few weeks, and “expects to have a profitable year,” which it did not expect last month, Vandegrift said.

The company also expects to receive a certificate of occupancy in September for its second Midway distribution center, with that facility opening officially in March 2021, adding revenue from up 100 new jobs in the last quarter of the fiscal year.

Nevertheless, Vandegrift reduced his estimate of occupational-tax income for the next fiscal year to $737,500, down from his original estimate of $825,000. He said the city also expects less income from restaurants. The mayor proposed restoring these “bare bones budget” cuts, totaling $67,500:

●            $10,000 for training and travel for employees and elected officials

●            $7,500 in donations (including $5,000 to Court Appointed Special Advocates)

●            $25,000 for street paving, for a total of $50,000

●            $20,000 for the sidewalk cost-sharing program

●            $5,000 for a water fountain and refill station on East Main Street

Vandegrift said he would like to see the council find a way to restore the $30,000 originally budgeted for completion of the pavilion in the cemetery, because city employees have told him about older people having a hard time in bad weather at the cemetery, with few family members to help them. Beshear has limited funeral and burial gatherings to 10 people.

The council will work more on the budget during a special budget workshop meeting at 5 p.m. Tuesday, May 26.

Zoning: The council gave second reading and final passage to three zoning ordinances that will:

●            Allow fences in the front building setbacks along rights of way to be up to 48 inches high instead of 42; John Holloway voted no.

●            Limit display of banners for charitable activities for up to 14 days, with a 14-day waiting period for reinstallation; Logan Nance voted no, calling it “silly.”

●            Prohibit permanent location of recreational vehicles in flood plains. All council members present voted yes; Kaye Nita Gallagher was absent.

The changes, in the countywide zoning ordinance, are being approved by the Versailles City Council and the county Fiscal Court. Those bodies are also approving another change recommended by the Planning Commission, which allows signs to project up to five feet from fronts of buildings, with nine feet of head clearance.

With the council’s tacit agreement, Vandegrift did not ask for approval of that change. He said at the last meeting, “Our downtown is beautiful and pedestrian-friendly, and I feel that this could only lead to a cluttered and unnecessary look.” He said it is “the first time I can remember when all three bodies didn’t adopt the same amendment” to the countywide ordinance.

Other business: Holloway, the unpaid manager of Walter Bradley Park, said it will “probably have 20 times more visitors than we did this time last year for obvious reasons,” but “most everyone is really considerate of getting out of the way of other people.”

Nance and Vandegrift said they had noticed more dog waste in the park. Holloway said he is placing signs to encourage owners to pick up after their dogs, but “Some people just don’t want to.” He said a dispenser for pet-waste bags is located in the fenced dog park. 

Vandegrift announced that the city’s annual Memorial Day service would be held largely online, with readings of the names of veterans on the monument in the cemetery, beginning at 10:30 a.m. Saturday.