Scott White

Managing Editor

At its first regular meeting of the new fiscal year, Midway City Council received a requested report from Versailles-Midway-Woodford County Planning Director Steve Hunter that focused on ordinances concerning short-term rentals (STR), bed and breakfasts (BNB) and the options to regulate medical cannabis.

Hunter said there had been 15 complaints from Midway involving STRs and BNBs. Of those, he said nine of the complaints were valid and the others, involving STRs that rent for no less than 30 days, were in compliance. Hunter said most of those in violation of the law are being resolved with the cooperation of the owner, including one who filed an application for a conditional use permit as allowed by the ordinance, since it is in an R-4 zone.

One change Mayor Grayson Vandegrift strongly advocated for is making the penalties for STR and BNB violations civil instead of criminal, with a $2,000 fine. The current fine is $100. Councilmembers Logan Nance and Patrick Hall agreed.  

“If the fine is low, then the owner is just going to factor that in as a business cost and pass it on to the customer,” said Vandegrift. “The fine needs to deter.”

Hall engaged with Hunter on the appropriate body to enforce the STR and BNB ordinances, which involves writing citations (enforcement) and deciding whether the citation can be appealed (adjudication). 

Hall suggested that the staff of the planning commission do enforcement and the commission adjudicate. Hunter indicated he believed Kentucky statutes would not permit the commission to act in that capacity. 

It was also suggested that the Midway Code Enforcement Board be the adjudicator, but Steele Rouse, the chair of that board who was also in attendance, said he did not believe the board had the necessary expertise to judge zone violations versus the duties it’s currently vested with — abandoned property and physical code violations. 

These issues will be resolved when council deals with other proposed ordinance text amendments soon.

Medical Cannabis

Hunter explained the four options Midway had concerning medical cannabis: do nothing and allow state regulations to govern; enact ordinances to regulate; allow residents to decide in a referendum; or prohibit the sale of medical cannabis. If the last option is chosen, then any person could challenge the prohibition by requesting a referendum.

After hearing a status report from Hunter on what Versailles has done (enacted its own ordinances) and what the Woodford County Fiscal Court has done (under discussion, with the judge-executive and county attorney favoring a referendum), the council discussed the best path forward. 

Using the Versailles ordinances for context, Vandegrift pointed out that there is likely nowhere in Midway any of the five types of cannabis licensees could operate — given the locations of schools and childcare facilities. According to state law, cannabis businesses may not be located within 1,000 feet of existing schools and daycare centers. 

Hunter said if Midway adopts a plan like Versailles, then it would not need to be concerned about what the state regulations do and would have something on the books if the landscape on cannabis changes.

After securing the consensus of the council, Vandegrift asked Hunter to prepare and run a text amendment similar to the land use text amendments adopted by Versailles through the commission. Following this, the council could decide on changes or additions to tailor the text changes to the land use ordinances for Midway.

Code Enforcement Board update

The chair of the Midway Code Enforcement Board, Steele Rouse, provided an update on the work of the board since it was reconstituted in late winter.

Rouse said the board meets quarterly. He said the abandoned property list had been created as required and that owners of property on the list had been notified that their property was in violation. The notice provides the owner time to conform or appeal to the board. Any property on the list is penalized by having the property tax tripled and the Woodford County Property Valuation Administrator, John Paul Coyle, is informed.

The property owner of 116 E. Main Street (the historic African-American Oddfellows building) and 262 W. Stephens Street have appealed being placed on the abandoned property list. These will be heard next Tuesday, July 9 at 6 p.m. at City Hall (the location of the Midway Museum). The meeting is open to the public. Rouse said they plan to stream the meeting online on the city’s Facebook page.

Rouse said the ordinance requires the board to issue a written decision within 10 days of the hearing. If the tripled property tax fine is not paid when taxes are due, then the city can take further enforcement steps.

Matthew Donohue Photography

The council approved an encroachment permit sought by photographer and Midway resident Matthew Donohue from 5 to 8 p.m. on July 28 to close the east side of Main Street between Gratz and Winter streets for a photo shoot to replicate a Norman Rockwell painting. The recreation involved in this permit application will be in front of the Historic Midway Gift Store and include owners Leslie and Bill Penn.

Winter Street speeding

Councilmember Dee Mason raised the ongoing issue of speeding on Winter Street and asked if a stop sign could be put up at Winter and Stephens streets. Vandegrift said since it is a state road, the Kentucky Transportation Cabinet has jurisdiction and it has already said neither a stop sign nor a traffic light could be installed at the intersection.

Vandegrift did say, “I am looking into the possibility of installing speed tables approaching the intersection which helps slow down traffic while not impacting trucks or trailers.