Stokes new Fulton City Commissioner

Cubb Stokes, a former Fulton City Manager, was sworn in as a City Commission Monday evening, replacing Commissioner Martha Vowell, who announced her resignation and plans to relocate outside the city.

Present for the March 28 Fulton City Commission meeting were Mayor David Prater, Commissioners Elaine Forrester, Darcy Linn and Jeff Vaughn, as well as Fulton City Manager Mike Gunn, Fulton City Clerk Helen Lee, City CFO Lisa Morgan and Rebecca Rhodes from City Attorney Allison Whitledge’s office.

The First Reading of the Revised City Ordinance 2021-10 repealing and replacing certain Sections of Chapter 48 on Traffic and Vehicles and Article II on Stopping, Standing and Parking, was conducted, after a previous draft of the ordinance presented had drawn concerns from citizens.

Ordinance 2021-10 states, the City Commission of the City of Fulton, Kentucky, has found and determined that it is in the best interest of the citizens and residents of the City to amend the previous ordinance to the extent set forth herein; the City Commission of the City of Fulton, Kentucky, is compelled to protect, promote and improve the health, safety and welfare of the citizens residing within the City of Fulton; the City Commission of the City of Fulton, Kentucky understands the need for the safe and orderly flow of traffic, and organized parking and through the ordinance, the Commission approved the revision of one section of the previously read ordinance, Chapter 48 Article II Section(s) 31-35 to be repealed and replaced with: section 35 Parking in Excess of Certain Number of Hours Prohibited; Towing Authorized.

The revision states it shall be unlawful for anyone to park in any one place any vehicle on any of the public ways or streets of the city for a period of twenty-four (24) hours or longer.

Further, the revision states any vehicle left parked in any one place on any of the public ways or streets of the city for a period of 24 hours or longer shall be deemed abandoned and shall be subject to penalty and or removal per this ordinance.

The particular revision to this section states this requirement shall not apply to a vehicle that is operational and registered to a City resident, who resides in the immediate vicinity of the parked vehicle.

The first reading passed, with a second reading and publication required for adoption.

Consider Municipal Order 2021-100 to accept Tyler Nolan’s Resignation from the Police Department effective March 26, 2022, was presented by Gunn, with Elaine Forrester making the motion to accept the resignation, and seconded by Darcy Linn. The motion passed.

In a related matter, Gunn requested and was provided with authorization by the Commission to advertise for a Police Officer.

Municipal Order 2021-102 to accept Deborah Jackson’s Resignation from the Housing Authority Board, and consequently, Municipal Order 2021-103 to Appoint Ginger Bard to the Housing Authority Board, were both considered and approved.

City Manager Gunn requested the officials’ consideration and approval to hire Jody Jackson as a replacement Public Works Director in Training, to transition into the position after current Public Works Director Billy “Bubba” Nelms retires. Gunn’s recommendation was approved.

In other personnel related matters included on the night’s agenda, Gunn was authorized, through Municipal Orders 2021-105 and 2021-106, respectively, to advertise for a Fire Chief and a Wastewater Treatment Operator.

Mayor Prater was authorized by the Commission to sign a Commitment Letter and Terms and Conditions for a Kentucky Cleaner Water Program Grant in the amount of $109,609 to replace of a Sewer Lift Station.

Gunn explained, in the onset of being notified about the availability of the grant funding, he thought it came with no strings attached, however, since that time, he had learned there were “approximately 25 strings attached.”

In the correspondence letter, Cleaner Water Program Grant Commitment Letter: Grant Number 21CWS032, it stated “Your request for Cleaner Water Program (CWP) grant funding has been approved for the following project: KIA Grant Number: 21CWS032; WRIS Project Number: SX21075011; Project Title: Sewer Lift Station “A”; Replacement; Grant Amount: $109,609.”

The correspondence requests a review of the “attached commitment letter” for additional details about the CWP grant program and terms and conditions to receive grant funding.

The correspondence states to pursue CWP funding for a project, the commitment letter must be signed and returned, along with verification of an updated Project Profile, Vendor Number from the Finance and Administration Cabinet, and the completed Transparency Form.

After signing and returning the commitment letter and fulfilling the conditions, a Grant Assistance Agreement with instructions on how to submit a draw request to receive the grant funding will be received, the letter goes on to state.

Gunn said, “We need to get this done. We need to accept it, turn in and receive the packet.”

The Commission voted to authorize the City Manager to file the needed paperwork. Commissioner Stokes abstained from voting as he had not been involved in any discussions.

An Agreement with Mark Davis for Professional Policy and Plan Writing Services was renewed by Municipal Order 2021-108, between the City of Fulton, Kentucky (Client) and Mark Davis (Contractor), dated March 28, 2022.

The agreement states Davis Contractor agrees to provide services to the City, to include researching policies and plans, advise client on which ones to approach and how; work with staff to interpret guidelines and gather material and information necessary for functional, accurate and complete plans; write draft policies and plans as requested by the City Manager, in time to meet deadlines and prepare the documents for submission to City Commission for approval; attend meetings necessary to accomplish the required work.

The City of Fulton agrees to compensate Contractor at the rate of $20 per hour and Davis will keep careful track of hours spent on City of Fulton business and submit an itemized invoice monthly.

This contract will be in force for one year from the date of execution unless renegotiated or terminated with fourteen days’ written notice at the request of either party

The contract was approved.

Consideration was given by the Mayor and Commissioners to approve Municipal Order 2021-109, Authorization for City Manager to submit a Letter of Intent to apply for the first ever Pipeline and Hazardous Materials Safety Administration (PHMSA) Infrastructure Grant Program, Natural Gas Distribution Infrastructure Safety and Modernization Grants.

On November 15, 2021 U.S. President Joe Biden signed the Bipartisan Infrastructure Law which is a significant investment in the nation’s infrastructure in more than half a century.

This includes the Pipeline and Hazardous Materials Safety Administrations (PHMSA) first ever infrastructure grant program. The legislation designated $200 million a year in grant funding with a total of $1 billion in grant funding over the next five years.

The grant funding is to be made available to a municipality or community owned utility (not including for-profit entities) to repair, rehabilitate, or replace its natural gas distribution pipeline systems or portions thereof or to acquire equipment to (1) reduce incidents and fatalities and (2) to avoid economic losses.

In the near future, PHMSA will be publishing a Notice of Funding Opportunity (NOFO) which will outline application procedures and the criteria we expect to use to judge acceptable applications. PHMSA will issue a press release at the same time the NOFO is published in addition to being made available on the federal government designated grant opportunity website at www.grants.gov.

Gunn said, “This is a letter of intent then the grant paperwork will be sent back.”

The Commission approved.

Gunn asked the Mayor and Commissioners to consider Municipal Order 2021-110, Authorization for City Manager to submit a Letter of Intent/Interest to participate in The Center for Community Progress “Make It Home Learning Cohort.”

The Center for Community Progress is seeking letters of interest from land banks or local governments interested in joining the Make It Home Learning Cohort to learn more about programs designed to leverage the property tax foreclosure process to prevent displacement and vacancy, stabilize neighborhoods, and transition low-income tenants to homeownership.

“You are going to see so much come down grant wise. This is the common type I am seeing. This particular one deals with code enforcement and dilapidated homes. I have put together a group of five community members to help me to not make mistakes. This will allow us to take possession of the homes and put in a 501(3)(c) and begin rehabbing for people to live in,” Gunn said.

In the last decade, local governments and land banks have increasingly used delinquent property tax enforcement systems but in Community Progress’ experience, many local governments and land banks are either reluctant to foreclose and acquire tenant-occupied properties or choose to evict tenants immediately upon acquiring these tax-foreclosed properties, citing liability concerns and a desire to avoid managing rental properties.

In Detroit, for example, Rocket Community Fund, the City of Detroit, United Community Housing Coalition (UCHC), and other funders created the Make It Home Program. This program uses the City’s legal power to acquire tenant-occupied tax delinquent properties and then transfer the properties to UCHC, a nonprofit community partner. UCHC then sells the properties to the occupants at a nominal cost, provides support to these occupants as they transition to ownership, and connects the occupants with funding for repairs and property rehabilitation. Since its launch in 2017, the program has helped 1,157 households.

The learning cohort will include four virtual information and training sessions. The sessions will be approximately two hours each and will be held between June and August 2022. The sessions will provide a detailed overview of Detroit’s Make It Home Program and similar models.

Selected communities will be able to designate up to eight individuals to participate in the learning

cohort. Participation in these sessions would involve an approximately 10-hour time commitment per individual. At the conclusion of the learning cohort, participating communities will receive a “Replication Playbook” evaluating their capacity to create an occupied-to-owner program and identifying next steps to creating such a program.

At the conclusion of the learning cohort, Community Progress will make public a final report, which summarizes the Make It Home Program and similar occupied-to-owner programs, common successes and challenges, and the potential for replicating these models in other communities.

Local governments or land banks with the power to acquire single-family occupied properties through the delinquent property tax enforcement process or other mechanisms should apply.

Information to be provided would include the reason for local government’s or land bank’s interest in the program; a summary of community’s vacant, abandoned, and deteriorating (VAD) property challenges; summary of community’s goals related to VAD properties and thoughts on how an

occupied-to-owner program would advance these goals; and the name of a designated point who will serve as the delegation lead if the community is selected to participate in the learning cohort, and the reason for designating this individual.

The first Reading of City Ordinance 2021-12 Amending Chapter 8, Animals Section 8-7 E) Enforcement and impoundment, to establish rates for housing animals and violations was conducted, with a second reading and publication required for adoption.

In Other Business, Mayor Prater reported, “The Police Department will give a report on the drug dog Ony, who was retired.”

“Before his retirement, Ony was approximately 12 years old. He was getting in bad shape and actually had to be picked up and placed in the truck every time he went out. Ony was taken to a place in central Pennsylvania for canines with special needs,” Eric Byassee, Fulton Police officer said.

City Manager Gunn said, “We did an official denial on funds on the Rails to Trails program grant for Pontotoc. Really no reason given except there were millions applications and there was not enough funds to go around. Our application just didn’t make it to the top. Lastly, as a reminder, this is the last week to get City Stickers.”

In his first official meeting for his appointed term, Commissioner Cubb Stokes said, “I’m glad to be sitting here in the Commissioners seat for a short period of time to help if I can. I have kept in touch with most of the dealings in the city and the county. I think there is a lot going on.”