work session summary - carrollton · rtp grant 25% match $25,000.00 stallings center roof...

WORK SESSIONSUMMARY

City of Carrollton Mayor and Council May 14, 2016

8:00 a.m. Lodge at Callaway Gardens, Sourwood Meeting Rooms 2 & 3N, 4500 Southern Pine Drive, Pine Mountain, Georgia

ATTENDANCE The Mayor and City Council held a Work Session on Saturday, May 14, 2016 at 8:00 p.m. at the Lodge at Callaway Gardens, Sourwood Meeting Rooms 2 & 3N, 4500 Southern Pine Drive, Pine Mountain, Georgia. Members present: Mayor Walt Hollingsworth, Councilmember Gerald Byrd, Councilmember Jim Watters, Councilmember Met Lane and Councilmember Rory Wojcik. Members absent: None. Staff present: City Manager Tim Grizzard, City Attorney Chuck Conerly, Finance Director Jim Triplett, Recreation Director Peter Maierhofer, Water/Wastewater Operations Manager Tony Richardson, City Engineer Tommy Holland, Public Works Director Mike Green, Police Chief Joel Richards, Fire Chief Jimmy Bearden and Human Resource Director Libby Duke.

PURPOSE The purpose of the Work Session was to discuss issues regarding city related business and projects. No action was taken. Minutes to a Work Session are not required by law. However, a brief summary of the general discussion is noted, along with any handouts distributed and presentation slides shared are inserted by the Clerk for reference purposes, as well as to provide information to the public.

I. ITEMS OF DISCUSSION

1. 2016-2017 Budget a. SPLOST

City Manager Grizzard presented the original 2015 SPLOST detailed listing and the revised listing. City Manager Grizzard and various department directors discussed each project as it related to their respective departments. Also discussed were the Greenbelt Trailhead and Streetscape projects. SEE SLIDES PRESENTED AND DISTRIBUTED – PAGES: 4-25

b. Library City Manager Grizzard shared the proposed Library renovation/construction plans. The Mayor and Council requested an oversight committee be formed to protect the City’s interest in the project. SEE SLIDES PRESENTED AND DISTRIBUTED – PAGES: 26 - 28

c. Barnes Street / Alabama Street Project City Manager Grizzard shared a preliminary map realigning Maple Street and Barnes Street to eliminate some of the dangers of the intersection. City Manager Grizzard advised additional study was needed on the project before moving forward. SEE SLIDES PRESENTED AND DISTRIBUTED – PAGE: 29

d. Charitable Donations City Manager Grizzard requested City Attorney Conerly to give a legal perspective of the City’s ability to give charitable contributions/donations. City Attorney Conerly advised that the

05 14 16 MAYOR AND COUNCIL WORKSESSION 1

Georgia Constitution “Gratuities Clause” provides that the General Assembly does not have the power to grant any donations or gratuities and this same clause applies to cities. City Attorney Conerly advised that the clause does not prohibit cities from providing financial assistance to civic organizations, charities, non-profit groups, and other similar entities when the city is receiving a substantial benefit in return for the contributions/donations.

At this time, City Manager Grizzard shared a slide listing the various entities the City has contributed to within the last 5 years.

The Mayor and Council requested the City Attorney to draft a resolution for future consideration outlining the application requirements, policies and procedures to donation requestors in order to receive a donation from the City of Carrollton. SEE SLIDES PRESENTED AND DISTRIBUTED – PAGE: 30

e. Alcohol Ordinance City Manager Grizzard briefly explained the issues the City was experiencing at the Amp in regards to brownbagging, as well as problems occurring with Special Event Alcohol Permits. City Manager Grizzard advised that the City should either enforce the rules not to allow brownbagging or change the rules altogether to allow it. City Attorney Conerly shared a draft ordinance detailing changes that would need to occur to permit the brownbagging as well as clean up the language for the issuance of Special Event Alcohol Permits issues at the Amp. SEE SLIDES PRESENTED AND DISTRIBUTED – PAGES: 31 - 37

>>>>> BREAK FOR LUNCH<<<<<

2. General Discussion a. Multifamily Housing Report

City Manager Grizzard introduced Mr. Ken Bleakly of the Bleakly Advisory Group; a consulting firm hired by the City to study the City’s multi-family housing inventory. Mr. Bleakly reported that that the City of Carrollton adopted a six-month moratorium in January 2016 of multi-family housing permit approvals, stemming from concerns that the City’s multi-family housing inventory was out of balance with similar communities. In response, the Bleakly Advisory Group was commissioned to study the current housing (multi-family and single-family) stock and rental/ownership of the same within the City of Carrollton. The study gives projections as to the future mix of housing stock within the City, and the impacts of the same, and to make recommendations as to the zoning and regulation of multi-family housing within the City.

Mr. Bleakly reported that in Carrollton, 48% of housing units in Carrollton are multi-family (2 or more units), compared to 16% of all housing units in Carroll County and 24% statewide. Mr. Bleakly added that Carrollton has a significantly higher percentage of multi-family housing than is found among the peer communities. Mr. Bleakly also reported that 64% of Carrollton households are renters. SLIDES WERE PRESENTED BUT NOT SHARED WITH THE CLERK BY THE BLEAKLY ADVISORY GROUP

b. General Fund Budget Report & Revenue Sources City Manager Grizzard and Finance Director Triplett reviewed historical, present and proposed revenue sources for the General Fund. Emphasis was made on the amount of fund transfers from the Water/Sewer Fund and Sanitation Fund to the General Fund. City Manager Grizzard pointed out that this was financially unhealthy, citing the Water/Sewer Fund now lacks the reserves to make some much needed improvements. SEE SLIDES PRESENTED AND DISTRIBUTED – PAGES: 38 - 52


c. Employee RaisesCity Manager Grizzard shared cost projections to give City employees a 3% COLA for the FY2016-2017. City Manager Grizzard also pointed out the City anticipates a 12% increase in health insurance cost and advised measures were being taken to reduce this increase and the City’s exposure. SEE SLIDES PRESENTED AND DISTRIBUTED – PAGES: 53 - 54

d. Ethics OrdinanceCouncilmember Lane requested the Mayor and Council to continue to review and consider his request to adopt an Ethics Ordinance. SEE SLIDES PRESENTED AND DISTRIBUTED – PAGES: 55 – 62

ADJOURNThere being no other items to discuss, the Work Session was closed at 4:30 p.m.


AmountAdamson Square Replace the pavers damaged by tree roots $8,000.00Bonner Gym Roof repairs & gutter replacement $30,000.00Cultural Arts Center Repair/Replace Roof (all levels) $150,000.00Mainstreet Roof Repairs $50,000.00North Lakeshore Paving the Parking Lot $50,484.00RTP Grant 25% Match $25,000.00Stallings Center Roof $150,000.00

Utility Body Truck Replace 1 ton utility body truck being used daily to pull the hydroseeder $33,000.00Toro Groundsmaster Mower replacement of existing mower $60,500.00Replace two oldest maintenance trucks $48,000.00Kubota Truckster for maintaining Greenbelt $18,000.00

$622,984.00

AmountVehicles 7 Police Tahoes: Annual Amount $49,124.60 / 5 Year Total: $245,623.00 $245,623.00Equipment 7 Tahoe Equipment: Annual Amount $6,600 / 5 Year Total: $46,200.00 $46,200.004 Wheelers 2 Polaris 4 Wheelers (To Patrol Greenbelt) $14,000.00Camera System Watch Guard Camera System ($9,500 server / $400 Antenna / $5,000 per vehicle) $90,000.00Laptops 8 Patrol Car Laptop Replacements (Every 3 Yrs) 3 yr total: $8,800 / $6 yr total: $17,600.00WARRS Annual Fee $51,300.00 / 5 Year Total: $256,500 $256,500.00Forensic Lab Computer Forensic Lab $10,000.00Council Room Replace Carpet $8,000.00Ballistic Plates For Special Response Team $10,000.00

$697,923.00

AmountTE Grant TE Grant GreenBelt Alabama Street Spur Match $400,000.00

Hays Mill Guardrails Est. Cost $350,000 (30% Match LMIG) $105,000.00Bankhead Hwy N. Lakeshore / 1st Tuesday Sidewalk Est. Cost $105,000 (30% Match LMIG) $31,500.00City Crosswalk Safety Improv. (Various Streets) Est. Cost $200,000 (30% Match LMIG) $60,000.00Hwy 166 Bypass/Maple Street Intersection Est. Cost $70,000 (30% Match LMIG) $21,000.00Hwy 27 SR 1 / Kingsbridge Rd Intersection Est. Cost $105,000 (30% Match LMIG) $31,500.00Controller Components & Loop Repair Annual: $50,000 / 5 Year Total: $250,000 $250,000.00Video/Camera Repair & Maintenance Annual: $25,000 / 5 Year Total: $125,000 $125,000.00Traffic Signal Repair/Rehab $150,000 a year for 5 years $750,000.00Headwall on Almon Road $60,000.00Headwall on Foster Street $30,000.00Culvert on South Street $30,000.00Culvert on Hidden Lakes Drive $30,000.00Culvert on Sunset Court $35,000.00Culvert on West Allison Circle $30,000.00Brumbelow Fire Station Replace $65,000.00Central High Rd Fire Station Repair $25,000.00Stewart Street $150,000.00Alabama Street Sidewalk $500,000.00

Blighted Buildings Asbestos Removal & Demolition of 23 Buildings $161,000.00$2,890,000.00

ORIGINAL SPLOST

EngineeringDescription

New Sidewalks

Repair &Improvement ofStreet Culverts,Drainage, Piping,Ditches etc

Traffic Safety/TrafficMovementImprovements

Roofing

DescriptionRecreation

Total:

DescriptionPolice Department

Total:

Vehicles

Total:

I.T.05 14 16 MAYOR AND COUNCIL WORKSESSION 4

AmountLakeshore & East CarrolltonSenior Center & Bonner GymCity Hall, Police Department, & Fire Department (Re wiring & Phones)Senior, Stallings, Lakeshore, East Carroll, West Carroll, Cultural Arts, Maint. OfficeWater Treatment Plant & Waste Water Treatment Plant

Wifi Wifi Installation/Upgrade $21,000.00Anti Malware 3 Year Protection: City wide antimalware protection (crypto locker) $15,049.45

$386,049.45

$4,596,956.45

AmountBonner Gym Replace plumbing & electrical, general facelift $700,000.00Castle Playground Bathroom Renovation $15,000.00Cultural Arts Center Install carpet tile, sheet carpet, laminate wood flooring. Also install new acoustical $350,000.00East Carrollton Patch & Seal Big Lot, Pave entrance into Maintenance Compound $65,000.00Hobbs Farm Canoe Landing Area (Hwy 27 & Hwy 113 in conjunction w/ County) $250,000.00Knox Park Pave existing gravel dust path, remove existing building, replace with bath/pavilion $207,800.00

Track Repaired, resurfaced & drainage work done $85,000.00Tennis Courts Resurface 4 & Replace 2 $90,000.00

Oil Park Remove Pavlion & Broken Slab / Renovate Tennis Court $40,000.00Presbyterian Park Pave existing gravel dust path $27,000.00

$1,829,800.00

AmountExisting Sidewalk Repairs $500,000.00

Tanner Medical Center Storm System Rebuild $300,000.00Culverts on Ben Scott Blvd $500,000.00

Sidewalk Newnan Rd/Bypas Pedestrian Crossing to the Carroll County Jail $850,000.00South Street $1,500,000.00Tanner $1,500,000.00Oak Mountain Golf $1,500,000.00Rome Street $1,500,000.00Adamson Square Range of $1,000,000 to $2,250,000 $2,250,000.00Barns Rd & Presbyterian Intersection $300,000.00Bankhead Hwy Range of $4,500,000 to $12,000,000 $12,000,000.00Newnan Street $4,000,000.00Maple Street Range of $250,000 to $8,000,000 $8,000,000.00

C.E.S. Carrollton Elementary School Access Road $1,000,000.00$35,700,000.00

AmountLibrary Renovation of the Neva Lomason Library $1,900,000.00

$1,900,000.00

AmountUWG Donation to the University of West Georgia $1,000,000.00

$1,000,000.00$40,429,800.00

DescriptionDonations

Grand Total:

Total:

Major Projects

Description

Total:

Recreation

CommunityDescription

Engineering

Grand Total:

Description

Description

Fiber

Total:

GreenBelt Spurs

Streetscape

Total:

North Lakeshore

Total:

Phone Upgrade$350,000.00

Storm Water


AmountRoof Repairs Bonner Gym, Cultural Arts, Stallings Center, & Mainstreet Roof Repairs $380,000.00Vehicles New Mowers & Vehicles $159,500.00Castle Playground Bathroom Renovation $15,000.00North Lakeshore Tennis Courts Resurface 4 & Replace 2 $90,000.00

$644,500.00

Roof Repairs Replace Brumbelow Firestation Roof & Repair Central High Rd Firestation Roof $90,000.00$90,000.00

AmountVehicles Vehicles & Equipment for the next 5 years $100,000.004 Wheelers 2 Polaris 4 Wheelers (To Patrol Greenbelt) $14,000.00Camera System Watch Guard Camera System ($9,500 server / $400 Antenna / $5,000 per vehicle) $90,000.00Laptops 8 Patrol Car Laptop Replacements (Every 3 Yrs) 3 yr total: $8,800 / $6 yr total: $17,600.00WARRS Annual Fee $51,300.00 / 5 Year Total: $256,500 $256,500.00Forensic Lab Computer Forensic Lab $10,000.00Council Room Replace Carpet $8,000.00Ballistic Plates For Special Response Team $10,000.00

$506,100.00

AmountTE Grant GreenBelt Alabama Street Spur Match ($400,000) NEXT SPLOSTAppalachian Trail Grant Match & RTP Grant Match $325,000.00

Traffic Safety Controller Components & Loop Repair, Video/Camera Repair & Traffic Sig. Repair $1,125,000.00Culvert Repair Various Culverts & Headwalls in the City $215,000.00New Sidewalks Sidewalk Projects (Alabama Street & Stewart Street) $650,000.00Blighted Buildings Asbestos Removal & Demolition of 23 Buildings $161,000.00

$2,476,000.00

AmountI.T. Fiber, Phone Upgrades, Wifi & Anti Malware $386,049.45

$386,049.45

$4,102,649.45

AmountBonner Gym Replace plumbing & electrical, general facelift ($700,000) NEXT SPLOST

$0.00

AmountExisting Sidewalk Repairs ?

Tanner Medical Center Storm System Rebuild $300,000.00Culverts on Ben Scott Blvd NEXT SPLOST

REVISED SPLOST

Total:I.T.

Description

EngineeringDescription

Total:

DescriptionRecreation

Total:

DescriptionPolice Department

Total:

Fire Department

Grant Matches

Total:

Grand Total:

Major ProjectsRecreation

Description

Total:Engineering

Description

Storm Water

5/12/2016


GreenBelt Spurs South Street / Tanner / Oak Mtn Golf / Rome Street ?Adamson Square Range of $1,000,000 to $2,250,000 $1,000,000.00Barnes Rd & Presbyterian Intersection $350,000.00Bankhead Hwy Range of $4,500,000 to $12,000,000 ?Newnan Street $4,000,000 ?Maple Street Range of $250,000 to $8,000,000 ?

$1,650,000.00

AmountLibrary Renovation of the Neva Lomason Library $1,000,000.00

$1,000,000.00$2,650,000.00

Streetscape

Grand Total:

Total:Community

Description

Total:


Departments AmountRecreation Department $622,984.00

Police Department $697,923.00Engineering $2,890,000.00

I.T. $386,049.45Total: $4,596,956.45

Departments AmountRecreation Department $644,500.00

Fire Department $90,000.00Police Department $506,100.00

Engineering $2,476,000.00I.T. $386,049.45

New Total: $4,102,649.45

Estimated Total SPLOST Collection: $20,000,000.00Spent and/or Committed Already: $11,712,000.00

Estimated Remaining SPLOST: $8,288,000.00Capital Items from each Department: $4,102,649.45

Estimated Remaining SPLOST: $4,185,350.55Major Projects Total: $2,650,000.00

Estmated Remaining SPLOST: $1,535,350.55

The New Total allows for $500,000 to be spent elsewhere

ORIGINAL SPLOST

REVISED SPLOST

SPLOST EXPENDITURE BREAKDOWN

5/12/2016


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O:\PROJECT FOLDERS\2015\150208_CITY OF CARROLLTON-ALABAMA ST WALKING TRAIL\DWG\CONCEPT PLAN-NW QUADRANT GREENBELT SPURS NASTER PLAN (2016-05-12).dwg, 5/12/2016 2:09:35 P05 14 16 MAYOR AND COUNCIL WORKSESSION 10

CEDAR STREET

LAKE CARROLL

POST

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AY

BEGIN STREETSCAPE

END STREETSCAPE

BANKHEAD HIGHWAY

E-MAIL: [email protected]

ENGINEERING LAND SURVEYING LAND PLANNING

105 CORPORATE DRIVECARROLLTON, GA. 30117

OFFICE (770) 834-4694FAX (770) 834-1005

STREETSCAPE CONCEPT PLANBANKHEAD HIGHWAY

CEDAR STREET TO FIRE STATION DRIVE


E-MAIL: [email protected]

ENGINEERING LAND SURVEYING LAND PLANNING

105 CORPORATE DRIVECARROLLTON, GA. 30117

OFFICE (770) 834-4694FAX (770) 834-1005

CONCEPT ROAD SECTIONBANKHEAD HIGHWAY

CEDAR STREET TO FIRE STATION DRIVE


For:Streetscape - Bankhead Highway

Cedar St to Fire Station Dr 15-12-14Date: 4/12/2016 John Bass

Item Description Unit No. Units Unit Price Amount1 Mobilization LS 1 $15,000.00 $15,000.002 Bonding & General Conditions LS 1 $250,000.00 $250,000.003 Traffic Control LS 1 $50,000.00 $50,000.004 Erosion Control $222,500.005 Storm Sewer $459,250.00

6 Sawcut & Remove Pavement for Landscape Island

CY 1,000 $60.00 $60,000.00

7 New Curb & Gutter for Landscape Island

LF 1,000 $15.00 $15,000.00

8 Grade for Landscape Island CY 500 $35.00 $17,500.009 Parking Lot Reconfiguration SY 13,000 $60.00 $780,000.00

10 Road Milling & Resurfacing SY 50,000 $15.00 $750,000.0011 Roadway Re-Striping LF 100,000 $1.00 $100,000.0012 Turn Arrows Each 150 $400.00 $60,000.0013 Traffic Signs Each 250 $350.00 $87,500.0014 Decorative Traffic Signal Poles Each 4 $75,000.00 $300,000.0015 Right of Way Acquisition AC 4 $300,000.00 $1,200,000.0016 Georgia Power Pole Relocation Each 65 $25,000.00 $1,625,000.0017 AT&T Pole Relocation Each 17 $10,000.00 $170,000.0018 Grade Shoulder LF 15,000 $10.00 $150,000.0019 Sidewalk SF 75,000 $5.00 $375,000.0020 Cast-in-Place Retaining Wall SF 5,000 $50.00 $250,000.0021 Landscaping Allowance LS 1 $650,000.00 $650,000.0022 Sign Replacement Allowance Each 61 $40,000.00 $2,440,000.0023 Shopping Center Sign Replacement Each 3 $150,000.00 $450,000.0024 Back Fill & Clean Up LS 1 $25,000.00 $25,000.0025 SUBTOTAL $10,501,750.0026 Engineering $630,105.0027 Contingencies $525,087.50

TOTAL $11,656,942.50

PRELIMINARY ESTIMATE

6% OF TOTAL COST

Note: This estimate does not include alluvium removal, rock removal, underground utility relocation, or street lighting replacement

5% OF TOTAL COST

Job Number:Prepared By:

(See Attached)(See Attached)




Item Description Unit No. Units Unit Price Amount1 Silt Fence LF 28,000 $3.50 $98,000.002 Rip Rap Ton 200 $35.00 $7,000.003 Sod Grassing SF 200,000 $0.50 $100,000.004 Inlet Sediment Trap Each 50 $350.00 $17,500.00

TOTAL $222,500.00


PRELIMINARY ESTIMATE - EROSION CONTROL





Item Description Unit No. Units Unit Price Amount1 Remove Exist. Storm Drains Each 10 $3,000.00 $30,000.002 18" HDPE LF 1000 $40.00 $40,000.003 24" HDPE LF 300 $50.00 $15,000.004 36" HDPE LF 100 $70.00 $7,000.005 Catch Basin - 4' Dia. VF 500 $500.00 $250,000.006 Catch Basin - 5' Dia. VF 25 $700.00 $17,500.007 Connection to Exist. Storm Each 5 $2,500.00 $12,500.008 1034 Throat & Top Each 30 $2,500.00 $75,000.009 Ring & Cover Each 5 $350.00 $1,750.00

10 Riprap Ton 100 $35.00 $3,500.0011 #57 Stabilizing Stone Ton 200 $35.00 $7,000.00

TOTAL $459,250.00


PRELIMINARY ESTIMATE - STORM SEWER





Item Description Unit No. Units Unit Price Amount1 Mobilization LS 1 $15,000.00 $15,000.002 Bonding & General Conditions LS 1 $100,000.00 $100,000.003 Traffic Control LS 1 $20,000.00 $20,000.004 Erosion Control $77,700.005 Storm Sewer $173,025.006 Parking Lot Reconfiguration SY 6,700 $60.00 $402,000.007 Road Milling & Resurfacing SY 16,000 $15.00 $240,000.008 Roadway Re-Striping LF 35,000 $1.00 $35,000.009 Turn Arrows Each 50 $400.00 $20,000.00

10 Traffic Signs Each 85 $350.00 $29,750.0011 Decorative Traffic Signal Poles Each 2 $75,000.00 $150,000.0012 Right of Way Acquisition AC 2.25 $300,000.00 $675,000.0013 Georgia Power Pole Relocation Each 22 $25,000.00 $550,000.0014 AT&T Pole Relocation Each 4 $10,000.00 $40,000.0015 Grade Shoulder LF 5000 $10.00 $50,000.0016 Sidewalk SF 25,000 $5.00 $125,000.0017 Cast-in-Place Retaining Wall SF 2,000 $50.00 $100,000.0018 Landscaping Allowance LS 1 $220,000.00 $220,000.0019 Sign Replacement Allowance Each 27 $40,000.00 $1,080,000.0020 Shopping Center Sign Replacement Each 1 $150,000.00 $150,000.0021 Back Fill & Clean Up LS 1 $15,000.00 $15,000.0022 SUBTOTAL $4,267,475.0023 Engineering $256,048.5024 Contingencies $213,373.75

TOTAL $4,736,897.25

6% OF TOTAL COST5% OF TOTAL COST


Cedar Street to Postal Way (Approx. 2400 lf)PRELIMINARY ESTIMATE-PHASE 1







TOTAL $77,700.00

PRELIMINARY ESTIMATE - EROSION CONTROL PHASE 1






Item Description Unit No. Units Unit Price Amount1 Remove Exist. Storm Drains Each 4 $3,000.00 $12,000.002 18" HDPE LF 600 $40.00 $24,000.003 24" HDPE LF 100 $50.00 $5,000.004 36" HDPE LF 30 $70.00 $2,100.005 Catch Basin - 4' Dia. VF 175 $500.00 $87,500.006 Catch Basin - 5' Dia. VF 10 $700.00 $7,000.007 Connection to Exist. Storm Each 2 $2,500.00 $5,000.008 1034 Throat & Top Each 10 $2,500.00 $25,000.009 Ring & Cover Each 2 $350.00 $700.00


TOTAL $173,025.00

PRELIMINARY ESTIMATE - STORM SEWER PHASE 1






Item Description Unit No. Units Unit Price Amount1 Mobilization LS 1 $15,000.00 $15,000.002 Bonding & General Conditions LS 1 $100,000.00 $100,000.003 Traffic Control LS 1 $20,000.00 $20,000.004 Erosion Control $91,800.005 Storm Sewer $174,700.006 Parking Lot Reconfiguration SY 3,500 $60.00 $210,000.007 Road Milling & Resurfacing SY 20,000 $15.00 $300,000.008 Roadway Re-Striping LF 40,000 $1.00 $40,000.009 Turn Arrows Each 60 $400.00 $24,000.00

10 Traffic Signs Each 100 $350.00 $35,000.0011 Decorative Traffic Signal Poles Each 1 $75,000.00 $75,000.0012 Right of Way Acquisition AC 1.25 $300,000.00 $375,000.0013 Georgia Power Pole Relocation Each 33 $25,000.00 $825,000.0014 AT&T Pole Relocation Each 3 $10,000.00 $30,000.0015 Grade Shoulder LF 5600 $10.00 $56,000.0016 Sidewalk SF 30,000 $5.00 $150,000.0017 Cast-in-Place Retaining Wall SF 2,000 $50.00 $100,000.0018 Landscaping Allowance LS 1 $260,000.00 $260,000.0019 Sign Replacement Allowance Each 28 $40,000.00 $1,120,000.0021 Back Fill & Clean Up LS 1 $15,000.00 $15,000.0022 SUBTOTAL $4,016,500.0023 Engineering $240,990.0024 Contingencies $200,825.00

TOTAL $4,458,315.00



Postal Way to Almon Road (Approx. 2800 lf)PRELIMINARY ESTIMATE-PHASE 2







TOTAL $91,800.00









TOTAL $174,700.00







Item Description Unit No. Units Unit Price Amount1 Mobilization LS 1 $15,000.00 $15,000.002 Bonding & General Conditions LS 1 $100,000.00 $100,000.003 Traffic Control LS 1 $15,000.00 $15,000.004 Erosion Control $60,750.005 Storm Sewer $120,850.00

6 Sawcut & Remove Pavement for Landscape Island

CY 1,000 $60.00 $60,000.00

7 New Curb & Gutter for Landscape Island

LF 1,000 $15.00 $15,000.00

8 Grade for Landscape Island CY 500 $35.00 $17,500.009 Parking Lot Reconfiguration SY 2,800 $60.00 $168,000.00

10 Road Milling & Resurfacing SY 13,000 $15.00 $195,000.0011 Roadway Re-Striping LF 26,000 $1.00 $26,000.0012 Turn Arrows Each 40 $400.00 $16,000.0013 Traffic Signs Each 65 $350.00 $22,750.0014 Decorative Traffic Signal Poles Each 1 $75,000.00 $75,000.0015 Right of Way Acquisition AC 0.5 $300,000.00 $150,000.0016 Georgia Power Pole Relocation Each 10 $25,000.00 $250,000.0017 AT&T Pole Relocation Each 10 $10,000.00 $100,000.0018 Grade Shoulder LF 4,000 $15.00 $60,000.0019 Sidewalk SF 20,000 $5.00 $100,000.0020 Cast-in-Place Retaining Wall SF 1,000 $50.00 $50,000.0021 Landscaping Allowance LS 1 $175,000.00 $175,000.0022 Sign Replacement Allowance Each 6 $40,000.00 $240,000.0023 Shopping Center Sign Replacement Each 2 $150,000.00 $300,000.0024 Back Fill & Clean Up LS 1 $15,000.00 $15,000.0025 SUBTOTAL $2,346,850.0026 Engineering $140,811.0027 Contingencies $117,342.50

TOTAL $2,605,003.50



Almon Road to Fire Station Drive (Approx. 1900 lf)PRELIMINARY ESTIMATE-PHASE 3







TOTAL $60,750.00









TOTAL $120,850.00





For:Maple & Presbyterian Realignment

Option A 10-10-04Date: 5/10/2016 John Bass

Item Description Unit No. Units Unit Price Amount1 Bonding & General Conditions LS 1 $10,000.00 $10,000.002 Traffic Control LS 1 $15,000.00 $15,000.003 Remove Existing Pavement CY 400 $40.00 $16,000.004 Grade LS 1 $15,000.00 $15,000.005 Erosion Control LS 1 $5,000.00 $5,000.006 Storm Drainage LS 1 $10,000.00 $10,000.007 Curb & Gutter LF 1,000 $15.00 $15,000.008 Sidewalk SF 1,000 $5.00 $5,000.009 Decorative Sidewalk SF 2,400 $20.00 $48,000.00

10 Handicap Ramp EA 9 $1,500.00 $13,500.0011 Asphalt Milling SY 5,000 $3.00 $15,000.0012 Asphalt Overlay (1½" Topping) SY 5,000 $13.00 $65,000.00

13 New Pavement (8" GAB, 2" Binder Course, 1 1/2" Surface Course)

SY 200 $50.00 $10,000.00

14 Thermoplastic Striping LF 7,500 $1.00 $7,500.0015 Traffic Arrows EA 10 $500.00 $5,000.0016 Traffic Signs EA 10 $500.00 $5,000.0017 Relocate Existing Arts Center Sign LS 1 $25,000.00 $25,000.0018 Utility Relocation Allowance LS 1 $15,000.00 $15,000.0019 Landscaping Allowance LS 1 $10,000.00 $10,000.0020 SUBTOTAL $310,000.0021 Engineering $24,800.0022 Contingencies $15,500.00

TOTAL $350,300.00

**NOTE: This estimate excludes rock excavation, alluvium removal, site lighting, and site finishings

5% OF TOTAL COST

PRELIMINARY CONSTRUCTION ESTIMATE


8% OF TOTAL COST


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O:\PROJECT FOLDERS\2010\101004_CARROLLTON_SQUARE\dwg\101004_MAPLE ALABAMA PRELIM (2016-05-09) COLOR.dwg, 5/10/2016 4:20:16 P05 14 16 MAYOR AND COUNCIL WORKSESSION 29

Chapter 6 - ALCOHOLIC BEVERAGES

ARTICLE I. - IN GENERAL

Sec. 6-1. - Findings and public purpose.

. . .

(c) Consistent with the previous actions of the mayor and city council limiting malt beverage and wine sales by the drink for consumption on the premises ancillary to the primary business of serving food prepared on the premises, it is also the finding, intent and policy of the mayor and city council that the issuance of any alcoholic beverage license for consumption on the premises under this chapter shall be strictly limited to bona fide eating establishments – which shall be either restaurants, supper clubs, private clubs, or alcoholic beverage caterers – or breweries as defined in this chapter and which meet all applicable requirements of the same.

. . .

(e) It is expressly not the intent of the mayor and city council to permit the sale of alcoholic beverages for consumption on the premises in nightclubs, bars, pubs, dancehalls, pool halls, gamerooms or any other establishment not qualifying as a bona fide eating establishment – either as a restaurant, supper club, private club, or alcoholic beverage caterer – or brewery as defined in this chapter.

. . .

Sec. 6-2. - Purposes.

(a) The purposes of this chapter shall include, without necessarily being limited to, the following:

. . .

(3) Insuring that any licenses issued for the consumption of alcoholic beverages on the premises are issued only to a legitimate restaurant, supper club, private club, alcoholic beverage caterer, or brewery;

. . .

Sec. 6-3. - Definitions.

(a) The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:. . .

Deleted: only

Deleted: or


Brewpub means a restaurant in which beer or malt beverages are manufactured or brewed, subject to the barrel production limitation prescribed in O.C.G.A. § 3-5-36 for retail consumption on the premises and solely in draft form. Brewpubs shall be licensed as restaurants as set forth in this ordinance.

Brewery means a manufacturer or producer of malt beverages for wholesale off the premises but does not include a brewpub as that term is defined in this section.. . . Malt beverage means any alcoholic beverage obtained by the fermentation of any infusion or decoction of barley, malt, hops, or any other similar product, or any combination of such products in water, and including ale, porter, brown, stout, lager beer, small beer, and strong beer. The term does not include sake, known as Japanese rice wine.

. . .Sec. 6-6. - Regulation of open consumption in public; possession of open containers.. . .

(h) Downtown amphitheater. Notwithstanding any other provision in this chapter to the contrary, a licensee for the sale of alcoholic beverages by the drink or for the consumption of alcoholic beverages on the licensee's premises located within the central business district of the city (i.e., that portion of the city zoned C-1 and generally described as Adamson Square and surrounding areas) may apply for a special event permit to sell and serve alcoholic beverages by the drink for events open to the general public at the city’s downtown amphitheater. The sale and service of alcoholic beverages pursuant to any such special event permit shall be strictly limited to those portions of the amphitheater and surrounding properties designated by the city manager or his designee. The sale and service of alcoholic beverages pursuant to any such special event permit shall be from a fixed location and shall be from a bar or countertop of at least the following dimensions: ten feet in length, three and one-half feet in height, and two feet in depth. Any such licensee shall make written application to the city manager or his designee for a special event permit on forms provided by the city. Failure to furnish any requested data shall automatically serve to dismiss the application. Any untrue or misleading information contained in, or material statement omitted from, an application for a special event permit shall be cause for denial or revocation thereof. The city manager or his designee, in their discretion, shall have the right to deny or impose conditions on any such special event permit. All applications for a special event permit must be submitted to the city manager or his designee at least 30 days prior to the date of the event, unless waived by the city manager or his designee. The fee for such special event permit shall be $150.00.. . .

ARTICLE II. – LICENSING

Sec. 6-26. - Required, classifications, fee, duration.

Formatted: Font: Italic

Deleted: containing not more than six percent alcohol by volume

Formatted: Indent: First line: 0.5"

Formatted: Font: Pattern: Clear (White)


. . .

(b) Classification, fee. Classes of licenses issued under this chapter, activities permitted and regulated thereunder, and the annual license fees, shall be as follows:

. . .

(4) Brewery license: $1,000.00.

. . .

(e) Application fees. Each application for a license under this chapter shall be accompanied by a nonrefundable application fee in the following amount:

. . .

(17) Brewery, $500.00.

. . .

(g) Issuance restrictions. The following restrictions shall apply to persons seeking a license under this chapter:

(1) No person shall hold a license to operate as a retail consumption dealer or retail dealer who also has an interest in a license to operate as a wholesale dealer or as a brewery; and

. . .

Sec. 6-27. - Procedure for issuance.

(a) A license issued to an individual under this article shall be issued in the name of the individual. A license issued to a partnership shall be issued in the name of the partnership and in the name of one of the partners who shall be the named licensee. A license issued to a corporation having as its principal business the sale of alcoholic beverages (wholesaler or brewery) shall be issued in the name of the corporation and in the name of the majority stockholder or a principal officer of the corporation; and such majority stockholder or officer shall be the named licensee. A license issued to a corporation having as its principal business an activity other than the sale of alcoholic beverages shall be issued in the name of the corporation and in the name of the officer or employee of the corporation primarily responsible for the operation of the licensed premises; and such officer or employee shall be the named licensee.. . .

(c) In the case of a corporation having as its principal business the sale of alcoholic beverages (wholesaler or brewery), the majority stockholder and each principal officer of the corporation shall join as applicants for the license; and each such person must meet the qualifications of an individual licensee, as provided in section 6-28. . . .

Formatted: Indent: Left: 0.5", Hanging: 0.5"


Sec. 6-28. - Qualifications.. . .

(f) No license for the sale of alcoholic beverages by the drink for consumption on the premises shall be issued to any applicant who does not meet the requirements of a private club, restaurant, supper club, alcoholic beverage caterer, or brewery.

. . .

ARTICLE III. - LOCATION AND ZONING

Sec. 6-56. - Zoning restriction.

(a) No retail license shall be granted under this chapter unless the premises to be licensed are, at the time the application is approved by the city manager, located under the planning and zoning ordinance of the city in a C-1, C-2, C-3, M-1, M-2, H-S, or O-I zoning district subject to the specific limitations of the respective districts.

(b) No retail license for the sale of distilled spirits by the package shall be granted under this chapter unless the premises to be licensed are, at the time the application is approved by the city manager, located under the planning and zoning ordinance of the city in a C-2, M-1, and M-2zoning district subject to the specific limitations of the respective districts.

(c) No license shall be granted under this chapter for a brewery unless the premises to be licensed are, at the time the application is approved by the city manager, located under the planning and zoning ordinance of the city in an M-1 or M-2 zoning district subject to the specific limitations of the respective districts.

(d) Limitations related to locations in residential zoning districts shall not apply to golf course clubhouse facilities otherwise meeting all applicable provisions of this article subject to the limitations of the respective districts.

(e) The number of the licenses already granted for similar businesses within the city limits and in the trading area of the place for which a license is sought shall be considered a factor in issuing licenses.

Sec. 6-57. - Proximity restrictions.

(a) No premises shall be licensed under this chapter whose location is within the following distances:

Deleted: or

Deleted: ¶

Formatted: Indent: First line: 0.5", Space After: 2.4 pt

Deleted: b


(1) Any wine or malt beverages, whether packaged or for consumption on the premises (including breweries), within 300 feet of any church building, school building, school grounds, or college campus.

. . .(3) Any wine, malt beverages, or distilled spirits, whether packaged or for

consumption on the premises (including breweries), within 300 feet of an alcoholic treatment center owned and operated by the state, county, or the city.

. . .

Sec. 6-58. - Sale, service in public places.

(a) Prohibition. Except as provided in section 6-6(h), section 6-40, and subsection (b) of this section, it shall be unlawful for any person to sell or serve any alcoholic beverages in a street, alley, or parking lot commonly used by the public or in any other public place or on public property. Private parties and organizations may apply for a special alcoholic beverage event permit from the city manager of the city or his designee to serve (not sell) alcoholic beverages on any city-owned property.

. . .

(d) Issuance of the special alcoholic beverage event permit. A special alcoholic beverage event permit may be applied for and conditionally approved by the city manager or his designee prior to the execution of a rental agreement/deposit for the event. However, final approval of the permit shall not be granted until a copy of the executed agreement is provided. If a special alcoholic beverage event permit is granted by the city manager of his designee, it shall be good only for the specified event set forth in the application, not to exceed three days in duration.. . .

(j) All provisions of city parks, recreation, and cultural arts rental agreement, rules and regulations applicable. The issuance of a special alcoholic beverage event permit is in addition to all the provisions of the city parks, recreation, and cultural arts rental agreement and rules and regulations and does not relieve the recipient for compliance with same.. . .

Sec. 6-89. - Containers, storage, illumination.

(a) Except in the case of breweries, alcoholic beverages shall be delivered to and received at licensed premises only in the original container and only in a conveyance owned and operated by a licensed wholesale dealer (or a licensed common carrier acting for a wholesaler). Except as otherwise provided in this chapter, alcoholic beverages shall be sold at retail only on the licensed premises.

Deleted: with the city parks, recreation, and cultural arts department for use of the Carrollton Cultural Arts Center or the Old City Gym

Deleted: for the Carrollton Cultural Arts Center or the Old City Gym

Deleted: A


(b) Except as otherwise provided in this chapter, a retail licensee shall store alcoholic beverages only on the licensed premises and at no other place. All stock shall be available at all times for inspection by any authorized agent of the city. Except in the case of breweries, any alcoholic beverages found in any retail licensee's stock which were not received from a wholesaler licensed to make deliveries in the city shall be subject to immediate confiscation.. . .

ARTICLE VII. - CONSUMPTION ON THE PREMISES

Sec. 6-156. - Eligibility for license—Restricted.

Any type consumption on the premises license may be granted only to a restaurant, as defined under section 6-157; a supper club as defined under section 6-158; a private club, as defined under section 6-159; a golf course clubhouse facility as defined in sections 6-159.5 and 6-159.6; an alcoholic beverage caterer as defined in section 6-159.7; and a brewery as defined in section 6-159.8.

. . .

Sec. 6-159.5. - Same—Golf course clubhouse facility—Restaurant.

In order to be eligible for a pouring or limited pouring license, a golf course clubhouse facility—restaurant must:

. . .

6. Have at least 50 percent of its total sales comprised of the sale of food prepared on the premises and nonalcoholic beverages consumed on the premises; and for this purpose, if a restaurant makes a minimum charge, cover charge, or admission charge, or any other non-food or non-alcoholic beverage charge, the amount so charged shall not be counted in computing total sales and shall not be counted as a food or beverage sale;

. . .

Sec. 6-159.8. - Same—Brewery.

(a) Breweries must comply with all applicable city, state and federal license requirements.

(b) Breweries must pay all applicable state, city and county taxes.

(c) Breweries may offer free tastings of malt beverages produced or manufactured on-site and educational and promotional tours during normal business house in accordance with state law.

Deleted: A

Deleted: and

Deleted: and

Deleted: om

Formatted: Indent: Left: 0", First line: 0.5"

Formatted: content1, Indent: First line: 0.5", Space After:2.4 pt, Line spacing: At least 15 pt, Pattern: Clear (White)


. . .

Sec. 6-167. - Removal of beverages prohibited

(a) Except as provided in subsections (d), (e), and (f) below, all alcoholic beverages sold by consumption on the premises licensees shall be consumed only on the licensed premises. It shall be unlawful for any person to remove from the licensed premises any alcoholic beverages sold for consumption on the premises. Each licensee shall be responsible for ensuring that no person so removes any alcoholic beverages from the premises in any type of container.

. . . (c) Except as provided in subsections (d), (e), and (f) below, it shall be unlawful for

any person to drink or have in his possession an open container of any alcoholic beverage:

(1) On any public street, sidewalk, park or other public place within the city, or upon or within any motor vehicle on the streets, sidewalks, parks and public places of the city; or

(2) While on private property, open to public view, without the express permission of the owner, agent or person in lawful possession thereof.

. . .

(f) For events open to the general public at the city’s downtown amphitheater, attendees may have in their possession no more than seventy-two ounces of malt beverages and/or fifty ounces of wine. Any such malt beverages and/or wine may be consumed on the amphitheaterpremises only. No glass containers shall be allowed, and coolers shall be limited to no more than twenty-four inches along any dimension. Any such coolers must remain in possession of an adult at all times. All empty containers shall be removed and/or properly disposed of by the person consuming its contents.

. . .

Sec. 6-169. - Brown bag establishments prohibited; exception.

Brown bag establishments as defined in this chapter shall be prohibited within the city.However, any licensee for consumption of alcoholic beverages on the premises may allow customers to bring with them and consume on the licensed premises wine purchased from another location.

Deleted: and

Deleted: and

Formatted: Pattern: Clear


2016 2017 SALARY SCHEDULE VERSION 13 FOR TIM.xlsx ...MASTER SUMMARY Printed and presented to City Manager and Finance Director on 05/13/2016 3:54 PMPage 1 of 1

$ 374,707

(305,030)$

Net Cola cost: $ 69,677

3 New positions and salary adjustments: $ 168,939

Net Cola Cost and position funding: $ 238,616

$ -

(305,030)$

Net Cola cost: $ (305,030)

3 New positions and salary adjustments: $ 168,939

Net Cola Cost and position funding: $ (136,091)

Gross 0% Cola calculation:Less: Savings due to elimination of unfilled budgeted positions, position consolidations, and

reorganization in 2015 2016 budget:

3%

0%

COLA

COLA

Gross 3% Cola calculation:

Less: Savings due to elimination of unfilled budgeted positions, position consolidations, andreorganization in 2015 2016 budget:


2016 2017 SALARY SCHEDULE VERSION 13 FOR TIM.xlsx ...MASTER TOTAL BENEFITSPrinted and presented to City Manager and Finance Director on 05/13/2016 3:58 PMPage 1 of 1

2016-2017 MASTER BENEFITS SCHEDULE ACTUAL 112%

FT DEPARTMENT 15-16 HEALTH

16-17 HEALTH

221 2,674,395 2,987,085

63 761,880 853,306

27 297,553 333,259.32

311 3,733,828 4,173,650

3%

3%

3% 439,821.76$

TOTAL ALL FUNDS

COLA - hourly employees

COLA- salary employees

COLA- permanent part time employees

TOTAL SANITATION FUND

TOTAL GENERAL FUNDTOTAL WATER FUND


1

ORDINANCE No. ______

AN ORDINANCE TO AMEND THE CODE OF ORDINANCES, CITY OF CARROLLTON, GEORGIA TO PROVIDE A NEW CODE SECTION ___________, ETHICS; TO PROVIDE FOR PENALTIES; TO PROVIDE FOR CODIFICATION; TO PROVIDE FOR SEVERABILITY; TO REPEAL CONFLICTING ORDINANCES; TO PROVIDE AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.

WHEREAS, the duly elected governing authority of the City of Carrollton, Georgia is authorized by O.C.G.A. § 36-35-3 to adopt ordinances relating to its property, affairs and local government; and

WHEREAS, the duly elected governing authority of the City of Carrollton, Georgia is the Mayor and Council thereof; and

WHEREAS, the governing authority deems it essential to the proper operation of democratic government that the public officials be, and give the appearance of being, independent, impartial, and responsible to the people; that governmental decisions and policies be made in the proper channels of the governmental structure; and that public office not be used for personal gain; and

WHEREAS such measures are necessary to provide the public with confidence in the integrity of its government.

NOW THEREFORE it is the policy of the city that its officials, employees, appointees, and volunteers conducting official city business:

Serve others and not themselves; Be independent, impartial and responsible; Use resources with efficiency and economy; Treat all people fairly; Use the power of their position for the well being of their constituents; and Create an environment of honesty, openness and integrity.

NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED:

Section 1.

That the Code of Ordinances of the City of Carrollton, Georgia is hereby amended by adding sections to be numbered ___________, Code of Ethics, which said sections read as follows:

Sec. _____ PURPOSE

The purpose of this code of ethics is to:

(a) Encourage high ethical standards in official conduct by city officials and city employees;


2

(b) Establish guidelines for ethical standards of conduct for all such officials and city employees by setting forth those acts or actions that are incompatible with the interest of the city;

(c) Require disclosure by such officials of private financial or other interest in matters affecting the city; and

(d) Serve as a basis for disciplining those who refuse to abide by its terms.

Sec. _____ SCOPE

The provisions of this code of ethics shall be applicable to all elected or appointed city officials. Further, the provisions of this code of ethics will be applicable to city employees where delineated. Section _ Enforcement, Section _Receipts of Complaint, Section _Service of Complaint, Section _Right to Appeal, and Section _Penalty shall not be applicable to city employees. Any violation by city employees of this Code of Ethics shall subject such city employees to disciplinary procedures set forth in the [ ].

Notwithstanding anything herein to the contrary, state law and the charter of the city shall be controlling in the event of an actual conflict with the provisions of this code of ethics. This ordinance shall be interpreted to supplement, and not replace, said provisions of state law and the charter.

Sec. _____ DEFINITIONS

Solely for the purpose of this code of ethics:

(a) City official or official, unless otherwise expressly defined does not include city employees but does mean the mayor, members of the city council, municipal court judges (including substitute judges), city manager, city clerk, and city attorney, as amended. The term “city official” also includes all individuals, including city employees, appointed by the mayor and/or city council as appropriate to city authorities, commissions, committees, boards, task forces, or other bodies which can or may vote or take formal action or make official recommendations to the mayor and/or city council.

(b) Decision means any ordinance, resolution, contract, franchise, formal action or other matter voted on by the city council or other city board or commission, as well as the discussions or deliberations of the council, board, or commission which can or may lead to a vote or formal action by that body.

(c) Employee means any person who is a full-time or part-time employee of the city.

(d) Immediate family means the spouse, mother, father, grandparent, brother, sister, son or daughter of any city official related by blood, adoption or marriage. The relationship by marriage shall include in-laws.


3

(e) Incidental interest means an interest in a person, entity or property which is not a substantial interest as defined herein and which has insignificant value.

(f) Remote interest means an interest of a person or entity, including a city official, which would be affected in the same way as the general public. For example, the interest of an official in the property tax rate, general city fees, city utility charges or a comprehensive zoning ordinance or similar matters is deemed remote to the extent that the official would be affected in common with the general public.

(g) Substantial interest means an interest, either directly or through a member of the immediate family, in another person or entity, where:

(1) the interest is ownership of five percent or more of the voting stock, shares or equity of the entity or ownership of $5,000.00 or more of the equity or market value of the entity; or

(2) the funds received by the person from the other person or entity during the previous 12 months either equal or exceed (a) $5,000.00 in salary, bonuses, commissions or professional fees, or $5,000.00 in payment for goods, products or services, or (b) ten percent of the recipient’s gross income during that period, whichever is less;

(3) the person serves as a corporate officer or member of the board of directors or other governing board of a for-profit entity other than a corporate entity owned or created by the city council; or

(4) the person is a creditor, debtor, or guarantor of the other person or entity in an amount of $5,000.00 or more.

Sec. _____ GOVERNANCE STRUCTURE

City Officials shall

(a) Support the delegation of authority for the day-to-day administration of the city to the city manager and act accordingly.

(b) Honor the chain of command and refer problems or complaints consistent with the chain of command.

(c) Not undermine the authority of the city manager or intrude into responsibilities that properly belong to the city manager or city administration, including such functions as hiring, transferring or dismissing employees.

Sec. _____ STRATEGIC PLANNING

Mayor and City Council Members shall use their best effort to


4

(a) Participate in all planning activities to develop the vision and goals of the city.

(b) Render all decisions based on available facts and his or her independent judgment and refuse to surrender his or her judgment to individuals or special interest groups.

Sec. _____ MEETINGS

Mayor and city council members shall use their best effort to

(a) Attend and participate in regularly scheduled and called meetings.

(b) Be informed and prepared to discuss issues to be considered on the agenda.

(c) Work with mayor and other city council members in a spirit of harmony and cooperation in spite of differences of opinion that may arise during the discussion and resolution of issues at council meetings.

(d) Vote for a closed executive session of the council only when applicable law requires consideration of a matter in executive session.

(e) Maintain the confidentiality of all discussions and other matters pertaining to the council and the city during executive session of the mayor and council.

Sec. _____ PROHIBITIONS

(a) No city official shall use such position to secure special privileges or exemptions for himself or herself or others, or to secure confidential information for any purpose other than official duties on behalf of the city.

(b) No city official, in any matter before the council or other city body, relating to a person or entity in which the official has a substantial interest, shall fail to disclose for the record such interest prior to any discussion or vote or fail to recuse himself/herself from such discussion or vote as applicable.

(c) No city official and employee shall enter into any contract with, or have any interest in, either directly or indirectly, the city except as authorized by state law.

(i) This prohibition shall not be applicable to the professional activities of the city attorney in his or her work as an independent contractor and legal advisor on behalf of the city.

(ii) This prohibition shall not be applicable to an otherwise valid employment contract between the city and a city official who is not elected (such as, by way of example, a city manager, city administrator or chief of police).


5

(iii) Any official and employee who has a proprietary interest in an agency doing business with the city shall make that interest known in writing to the city council and the city clerk.

(d) All public funds shall be used for the general welfare of the people and not for personal economic gain.

(e) Public property shall be disposed of in accordance with state law.

(f) No city official shall use city facilities, personnel, equipment or supplies for private purposes, except to the extent such are lawfully available to the public.

(g) A city official and employee shall not directly or indirectly make use of, or permit others to make use of, official information not made available to the general public for the purpose of furthering a private interest.

(h) City manager, city attorney, and city clerk shall not endorse, campaign for or against or contribute financially to any candidate seeking the position of mayor or city council.

(i) A city official and employee shall not use his or her position in any way to coerce, or give the appearance of coercing, another person to provide any financial benefit to such official or persons within the official’s immediate family, or those with whom the official has business or financial ties amounting to a substantial interest.

(j) No city official or employee shall draw travel funds or per diem from the city for attendance at meetings, seminars, training or other educational events and fail to attend such events without promptly reimbursing the city therefore.

Sec. _____ CONFLICT OF INTEREST

A city official may not participate in a vote or decision on a matter affecting an immediate family member or any person, entity, or property in which the official has a substantial interest.

A city official who serves as a corporate officer or member of the board of directors of a nonprofit entity must disclose their interest in said entity to the mayor and council prior to participating in a vote or decision regarding funding of the entity by or through the city.

Where the interest of a city official in the subject matter of a vote or decision is remote or incidental, the city official may participate in the vote or decision and need not disclose the interest.


6

Sec. _____ ENFORCEMENT

The Municipal Court of the City of Carrollton shall hear and render decisions on all proper verified complaints filed under this ordinance.

Sec. _____ RECEIPT OF COMPLAINTS

(a) All complaints against city officials shall be filed with the clerk of the Municipal Court of the City of Carrollton. Upon receipt of a complaint in proper form, the municipal court clerk shall forward a copy of the complaint to the city official or officials charged in the complaint within no more than seven (7) calendar days.

(b) All complaints shall be submitted and signed under oath, shall be legibly drawn and shall clearly address matters within the scope of this ordinance.

(c) Upon receipt of a complaint in proper form, the municipal court shall review it to determine whether the complaint is unjustified, frivolous, patently unfounded or fails to state facts sufficient to invoke the disciplinary jurisdiction of the City Council. The municipal court is empowered to dismiss in writing complaints that it determines are unjustified, frivolous, patently unfounded or fail to state facts sufficient to invoke the disciplinary jurisdiction of the City Council; provided, however, that a rejection of such complaint by the municipal court shall not deprive the complaining party of any action such party might otherwise have at law or in equity against the city official. For complaints that are not dismissed, the municipal court is empowered to collect evidence and information concerning any complaint and add the findings and results of its investigations to the file containing such complaint.

(d) Upon completion of its investigation of a complaint, the municipal court is empowered to dismiss in writing those complaints which it determines are unjustified, frivolous, patently unfounded or which fail to state facts sufficient to invoke the disciplinary jurisdiction of the City Council; provided, however, that a rejection of such complaint by the municipal court shall not deprive the complaining party of any action such party might otherwise have at law or in equity against the city official.

(e) The municipal court is empowered to conduct investigations, to take evidence, and to hold hearings to address the subject matter of a complaint.

(f) The municipal court is empowered to adopt forms for formal complaints, notices, and any other necessary or desirable documents within its jurisdiction where the city council has not prescribed such forms.

(g) Findings of the municipal court shall be submitted to the City Council for action.


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(h) To discourage the filing of ethics complaints solely for political purposes, ethics complaints against a person seeking election as a city official, whether currently serving as a city official or not, which are filed between the date of qualifying for municipal office and the date of certification of the election results will be held and will not be processed until the election results for that office have been certified.

Sec. _____ SERVICE OF COMPLAINT

The city clerk or municipal court shall cause the complaint to be served on the city official charged as soon as practicable but in no event later than seven (7) calendar days after receipt of a proper, verified complaint. Service may be by personal service, by certified mail, return receipt requested or by statutory overnight delivery. A hearing shall be held within sixty (60) calendar days after filing of the complaint. The municipal court shall conduct hearings in accordance with the procedures and regulations it establishes but, in all circumstances, at least one hearing shall include the taking of testimony and the cross- examination of available witnesses. The decision of the municipal court shall be rendered to Mayor and Council within seven (7) calendar days after completion of the final hearing. At any hearing held by the municipal court, the city official who is the subject of inquiry shall have the right to written notice of the hearing and the allegations at least seven (7) calendar days before the first hearing, to be represented by counsel, to hear and examine the evidence and witnesses and, to oppose or try to mitigate the allegations. The city official subject to the inquiry shall have also have the right but not the obligation of submitting evidence and calling witnesses. Failure to comply with any of time deadlines in this section of the ordinance shall not invalidate any otherwise valid complaint or in any way affect the power or jurisdiction of the municipal court or the city council to act upon any complaint.

Sec. ___ RIGHT TO APPEAL

Any city official or complainant adversely affected by the findings or recommendations of the municipal court may obtain judicial review of such decision as provided in this Section.

An action for judicial review may be commenced by filing an application for a writ of certiorari in the Superior Court of Carroll County within thirty (30) days after the decision of the Board of Ethics. The filing of such application shall act as supersedeas.

Sec. ___ PENALTY

Any person violating any provision of this article is subject to:

(a) Public reprimand or censure by the city council; or

(b) Request for resignation by the city council.

Section 2.


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The sections, subsections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any section, subsection, paragraph, sentence, clause or phrase shall be declared illegal by the valid judgment or decree of any court of competent jurisdiction, such illegality shall not affect any of the remaining section, subsections, paragraphs, sentences, clauses and phrases of this ordinance.

Section 3.

All ordinances and parts of ordinances in conflict herewith are expressly repealed.

Section 4.

The adoption date of this ordinance is _____________ and the effective date of this ordinance shall be __________________________.

ORDAINED this ____ day of ____________, ____________.

ATTEST:

City of Carrollton

___________________Mayor

_______________________City Clerk

APPROVED AS TO FORM:

_______________________City Attorney.


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