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HomeMy Public PortalAbout2009_tcwsmin1207Council Work Session December 07, 2009 Council Chambers, 25 West Market Street, 7:30 p.m. Mayor Umstattd presiding. Council Members Present: David S. Butler, Thomas S. Dunn, II, Katie Sheldon Hammier, Marty Martinez, Kenneth "Ken" Reid, Kevin Wright and Mayor Kristen Umstattd Council Members Absent: All Present Staff Present: Town Manager John Wells, Town Attorney Jeanette Irby, Deputy Town Manager Kaj Dentler, Director of Finance Norm Butts, Director of Public Works Tom Mason, Director of Utilities Randy Shoemaker, Director of Parks and Recreation Rich Williams, Assistant Director for Parks Bill Ference, Deputy Director of Utilities Aref Etemadi, Assistant Director of Capital Projects Management Tom Brandon, and Business Retention Coordinator Debi Parry AGENDA ITEMS 1. Work Session Items for Discussion: a. Utility Department Audit John Wells introduced Clef Richardson of Management Analysis Incorporated. He stated several months ago Council requested that a performance audit be conducted of the Utility Department and working with Mr. Norm Butts an RFP was issued to initiate the third party audit. He noted to preserve the independence of Mr. Richardson's work the Utility Department staff were not part of the selection process. Mr. Richardson stated he was asked to provide an independent audit of 22 specific criteria. He thanked the Utility Department staff for their cooperation in making available all of the information deemed necessary for the audit. He stated half of the department was interviewed and following the interviews several unannounced visits were made where staff was followed to see how they performed their daily activities. He stated an independent review was also conducted of six similar Utility systems in Virginia to compare with Leesburg's operations. He stated the Town is achieving significant cost reductions in that although both facilities operate 24 hours a day, 365 days a year, the Water Treatment Plant is only staffed 18 hours a day and the Water Pollution Control Facility is only staffed 20 hours per day. He outlined the functions of each division within the Utility's Department and recommended a formal agreement between the two plant managers and the manager of the Utility Lines Division with regard to the support provided out of the Maintenance Division. He stated the comparison between the Town's staffing size, hours of operation and utility rates with the six other utility systems showed that Leesburg is right in the middle and very comparable to these other jurisdictions. Mr. Richardson stated the staffing levels are mandated by the shift requirements and the Town is currently operating at the minimum levels to operate the shifts in a safe and productive manner. He stated the three vacant staff positions in the Maintenance Division should be filled as there is work that is not being completed which could put the Town in a state of risk down the road. He provided examples of ways in which the department is using Town Council Work Session of December 7 2009 Page 2 technology to increase efficiencies of the plant operations. Further, he stated it is not possible to determine the effects of the increased Chesapeake Bay protection requirements until more information is provided. Mr. Richardson provided a prioritization of the core functions of each department. He stated the internal control structure of the department is in good shape. He stated the performance measures in place are appropriate to provide the necessary information to determine whether or not the department is operating properly. He outlined the key strengths of the department including the use of technology and the organizational program of the Water Pollution Control Facility. He stated there are very conscious cost saving initiatives in place in both plants. Further, he highlighted the key issues including not reaching the full cost savings potential of the MUNIS accounting system, the need to fill the three vacancies in the Utility Maintenance Division, the need to understand the value of preventive maintenance, and the need for updated protocols in the Water Treatment Plant laboratory. Council Member Dunn stated he hopes we can give ourselves more time than just tonight to discuss this report in depth. He stated this is the first serious Zook we have had at our Utility Department. He asked for additional information regarding the comment under criteria findings indicating that the level of support provided by outsourcing is below the industry standard. Mr. Richardson stated the department is only going to the private sector for the items that are absolutely necessary. He stated currently the staff is performing grounds and roads maintenance duties as time allows which is usually contracted out by other utility systems. He stated these duties are being performed in a much more cost effective manner than could be done if the duties were contracted out. Further, he stated the laboratory testing performed by staff is also much more cost effective than if it were to be outsourced. Vice Mayor Hammler stated that is not intuitive in that usually tasks are outsourced to save money; however, it seems that in this case the report indicates the Town is actually saving money by not outsourcing the lab functions. Mr. Richardson stated in some cases tasks are outsourced due to a limited number of staff versus the need to save money. Vice Mayor Hammler verified Mr. Richardson assessed the cost of the full time positions to perform duties in house versus the cost to outsource functions. She stated she would like to see the detail of that analysis at a later time. Council Member Dunn asked where the recommendations for best practices that could be implemented by the Utility Department could be found in the report. Mr. Richardson stated he believes the department is currently at the best practices level based on benchmarking and based on the experience of his auditing team. He stated he has not seen an organization that brings together all aspects of effective performance the way that this organization does, Town Council Work Session of December 7 2009 Page 3 Council Member Reid asked if Mr. Richardson was given a mission statement or an outline of what was to be reviewed when the audit began. Mr. Richardson stated he responded to a Request for Proposal (RFP) asking for an operational review of the 22 criteria. Council Member Reid verified Mr. Richardson was apprised of the Town's budget situation and the situation with the Utility Fund. He asked if Mr. Richardson is aware of the excess capacity in both plants. Mr. Richardson stated the Town has growth potential as the Water Pollution Control Facility is currently operating at 5 million gallons a day with 7.5 million gallon capacity. Council Member Reid asked if Mr. Richardson looked at how many other plants in Virginia have capacity that is not being utilized. Mr. Richardson stated he did not look at that. He stated they looked at the total rated capacity and average flow in Leesburg and compared that to the six other jurisdictions. Council Member Reid verified Mr. Richardson feels the production of the Tuscarora Landscapers Choice product is a cost effective means of disposing of the sludge as it does provide a revenue source. He asked if the number of supervisors in the Utility Maintenance Division is high based on the findings. Mr. Richardson stated if you look at the number of supervisors compared to the number of employees you find that it is high; however, the supervisors in this division are working supervisors so if you count their hours of other work as FTEs you find that the ratio is lower and more in line with standard practices. Council Member Reid stated it seems based on this report that we are understaffed in the maintenance division and have the minimum 10 operators required to run the Water Pollution Control Facility. He stated he would like to discuss the residential connection fees off line to better understand their structure as they appear to be much lower than other jurisdictions. Further, he stated the report indicates that there is one supervisor in the Utility Maintenance Division who is being overpaid and asked if there are other positions such as this. Mr. Richardson stated in the operational assessment he created adata-point for salaries. He stated in reviewing the salaries with other jurisdictions based on education, position and responsibilities he found that the Town's salaries were in line with others. Council Member Reid verified Mr. Richardson is recommending eliminating two unfunded/vacant positions in the Water Pollution Control Division. He asked how much time is spent on grounds keeping functions. Mr. Richardson stated it is not one of their major duties, Council Member Reid asked if that function could be accomplished by employees in the Streets Division or Parks & Recreation Department. Town Council Work Session of December 7 2009 Page 4 Mr. Wells stated it would not be more cost effective to have the employees of another department take on this function. Additionally, he stated there is no capacity in other departments to take on this work. Further, he stated if the work was performed by another department the cost would have to be charged to the Utility Fund. Council Member Butler stated in looking at the recommendations he does not see much offered. He stated it may be that the department is operating at "tip top shape", which he agrees it is, but if it was running that well it would seem that the utility rates would be lower and the Town would not have some of the issues it is facing now. He stated he had hoped there would have been other policy opportunities that could be considered. Mr. Richardson stated you are not going to find those recommendations in the report as it is not what he was charged to do. He stated there was some discussion about the short-fall in rates and Council's potential anticipation that there would be information in the report about how to fill in that gap. He stated if that is the direction Council would like to go then he would recommend that a risk assessment be performed. Further, he stated the only potential for significant cost savings is in the staffing and with those reductions comes the risk of violating permits and not being able to perform core functions. Council Member Butler stated he personally does not believe that there is an opportunity for significant savings without consequences; however, if Council were provided with a few scenarios it might put an end to some of the conjectures on Council regarding the efficiency of the department. He asked if there are efficiency benchmarks to see who is operating better than we are and why. Mr. Richardson stated you get the same information by looking at the rates. He stated rates at other localities are constructed similar to the Town. He stated for the most part lower rates are the result of a larger customer base. Council Member Wright stated Council's request was for an audit to review the overall operation of the Utility Department and provide opportunities for cost savings and identify any waste. He asked if Mr. Richardson felt that was his mandate. Mr. Richardson stated he did not feel that there was as great a focus on identifying savings as he is hearing at this point. Council Member Wright verified the mandate was to review the operations of the department and identify ways to increase efficiencies. Mr. Richardson stated increasing efficiencies does not necessarily result in cost savings. He stated in order to achieve cost saves staff would need to be reduced and he feels the department is currently working at the minimum level of staff required. Council Member Wright stated verified the use of personnel was reviewed and any strengths or weaknesses identified. Town Council Work Session of December 7 2009 Page 5 Mr. Richardson stated he recommended that four vacant/unfunded positions be eliminated and that three be filled. Council Member Wright stated the use of materials and chemicals was reviewed and asked if those levels were benchmarked. Mr. Richardson stated he did not find any large supply of materials or chemicals on hand or over purchasing. He stated for the most part supplies are limited to just what is necessary for daily operations. Council Member Wright verified Mr. Richardson did not review the utility billing functions once the information is handed over to the Finance Department. He asked if the percentage of growth capacity to gallons per day used was benchmarked and compared to other jurisdictions. Mr. Richardson stated that information was not benchmarked. Council Member Wright asked if it appeared high or low based on Mr. Richardson's professional opinion. Mr. Richardson stated the Town is giving itself the opportunity to grow without the risk of a restriction placed on the growth of the community due to limited capacity. Council Member Wright stated he appreciated Mr. Richardson's review of the department's salaries and asked if there were any salaries that appeared to be high based on the incumbent. Mr. Richardson stated he found no salaries out of range based on the incumbent. He stated he did find that there is the opportunity for long-range savings through succession planning and nurturing non-professional staff to move up into higher management positions. Council Member Wright asked for further information regarding the current and recommended processes for maintenance. Mr. Richardson stated currently the components and schedules for the preventative maintenance are in the MUNIS system, He stated the system prints a work order requirements. He stated MUNIS ought to be able to provide a schedule of all the work orders sent out and not just the work order itself. He stated this would provide the three managers a full view of all the work that is necessary to accomplish the full preventive maintenance requirement. Council Member Wright asked in general if there were any general observations on how staff reacted to the unannounced visits and shadowing. Mr. Richardson stated there was no apprehension or reluctance on behalf of anyone in participating in the study. He stated he shared his findings with the plant managers who endorsed them. Council Member Wright stated he appreciates the report and he stated he assumes Mr. Wells will provide follow up information regarding the improvements recommended in the report. Town Council Work Session of December 7 2009 Page 6 Mr. Wells stated staff will follow up on all of the recommendations. Vice Mayor Hammier stated she appreciates the clarification on the mandate which had Tess of an emphasis on cost savings as operations. She asked Mr. Richardson to provide an example of where he was able to delineate where there were no operational efficiencies and examples were provided that resulted in cost savings to a municipality in Virginia this year without specifically naming the municipality. Mr. Richardson stated his best example would be in a road department in Mississippi where they needed to follow the state standards for the roadwork. He stated he was there in late July and noticed the work performed seemed well done though it did not meet state standards; however, when they asked to see work completed in the last quarter they found ramped failure because the standards were not met. He stated the recommendation was made that they move away from the expedient manner in which the work was being completed to focus on meeting the standards. Vice Mayor Hammier asked if in looking at the benchmarking with other municipalities it was found that some increase rates based on inflation. She stated what we are dealing with here is that those increases were not implemented in the past. Mr. Richardson stated with regard to benchmarking in order to achieve some of the level of specification would require him to complete a similar level of audit that was completed here. Vice Mayor Hammier asked if Mr. Richardson felt that the buildings he visited were standard size for the operations performed there. She stated on a tour of the Utility Maintenance Building she was struck by the size of some of the offices there. Mr. Richardson stated he did not get the same sense of the office space. He stated most are sharing offices or have offices of a modest size. Vice Mayor Hammier asked if there was any assessment of where we are in allocating overtime based on other municipalities. Mr. Richardson stated the Town's overtime and shift differential is approximately $84,000 a year in the budget or about one percent of the total budget. He stated municipalities typically budget two to five percent so they Town is significantly below a similar benchmark in that area. Vice Mayor Hammier verified percentage of personnel cost in the Utility Administration Division versus the other divisions is approximately 11 percent. She asked what interdepartmental support is, Mr. Richardson stated it is interdepartmental within the Utility Department. Vice Mayor Hammier clarified that because the Utility Fund is an enterprise fund it is not possible for some of the positions to be funded within the General Fund as the Utility Fund would still have to be charged for that function. Town Council Work Session of December 7 2009 Paae 7 Mr. Wells stated there has been a lot of talk about cost savings and he feels there are always opportunities to look for cost savings, He stated one of the things that we needed to determine before looking for cost savings was whether we are efficient in how we operate today. He stated there are references to recommendations we can look at for savings; however, before changing policy direction it Is Important to know we are efficient in how we operate now. Vice Mayor Hammier thanked Mr. Richardson for his report and offered congratulations to the Utility Department for the ravincg rave review provided. Council Member Martinez verified Mr. Richardson's company has been in existence since 1976 and Mr. Richardson has been conducting operational audits for twelve years. He stated it is important for the public to understand why Mr. Richardson was chosen to conduct this audit. Mr. Wells stated he was chosen because he provides a balance of technical knowledge of engineering practices, operational principals as well as a general management background. He stated this organization also provided more of a hands-on methodology and were very interested in talking with the staff at all levels. Council Member Martinez stated it is important to know that Mr. Richardson is an independent source conducting this evaluation and was not outwardly influenced by anyone in the Town. He stated he feels very strongly that the Town's Utility Department is doing a great job and this report validates that feeling. Mayor Umstattd stated she had felt fairly confident that the Utility Department was doing a good job and this more than underscored that feeling. She stated if anything it would appear that the Town Manager and Utility Director have done too good of a job at cost cutting as one of the primary recommendations is to fill three positions to avoid risk of non-compliance in the future. Council Member Reid stated he was concerned about the comment made by Mr. Richardson that it was not his role to look at cost savings, He stated it is his hope that some efficiencies can be found with some of the lower priority core functions outlined. He stated in the next discussion regarding the sewer rates he feels that Council will be faced with a serious problem regarding calculation of the fees. Mr. Richardson stated If he did say that his mission was not to find cost savings, he meant to say that he did not get the sense of that as a paramount feature of the assessment to the degree that Council is indicating. Council Member Reid stated Council Members Butler and Wright have studied this issue "inside and out" for three or four years and from his standpoint he is (oath to continuously raise rates until we get to the customer base to meet the capacity. He stated in the meantime it will either be painful for the utility customers or some reductions will need to be made in the personnel area. He stated Council Member Butler raised very valid concerns that the report does not Town Council Work Session of December 7 2009 Page 8 give Council a lot to work with. Further, he stated he hopes Mr. Wells will come forward at the next work session with some cost saving ideas. Council Member Dunn asked how many studies Mr. Richardson's company has prepared for utility departments in Virginia. Mr. Richardson stated this is his first such report in Virginia to his knowledge. Council Member Dunn asked how many local utility studies Mr. Richardson has personally worked on. Mr. Richardson stated this is his first at the local government level. He stated water treatment and waste water treatment plants are a function of federal operations on military installations and he has extensive involvement in that area. Vice Mayor Hammier stated she appreciates the questions brought forward by Council Member Butler and feels that all Council Members are trying to focus on the best ways to identify cost savings. She stated the other gap Council is dealing with is a public relations gap and perception that we are gouging customers is unfair. Further, she stated this report shows that we are running a top notch organization. Mr. Richardson stated Council cannot deliver this type of service at current levels with the type of cost reductions that Council is looking to identify. He stated reductions at that level would require very hard decisions regarding environmental implications and public safety. Council Member Dunn stated he would have liked to have seen recommendations as to how to increase revenue. Mr. Wells stated that was clearly not included in the scope of the study; however, there are easily opportunities to add to that discussion in the absence of hiring a consultant. Mayor Umstattd stated there is one important point that Mr. Richardson did make in stating that the Town is looking far enough ahead at potential growth without hitting a crisis mode. She stated it does take about five years to add additional capacity at the plants. She stated there is some sentiment that we need to sell off excess capacity immediately to generate revenue; however, we have approximately 2,000 approved dwelling units coming on line that have been approved in the last several years and will need the existing capacity. Further, she stated we need to preserve existing capacity for in-town growth that has been approved but is not yet on the ground. Council Member Dunn stated since we are at approximately 60 to 70 percent capacity he does not believe that the additional 2,000 homes will push us over the remaining 20 to 30 percent. He stated we have opportunities that we should be considering. Council Member Martinez stated there is a requirement for a buffer of capacity before another expansion is required. Town Council Work Session of December 7 2009 Page 9 Vice Mayor Hammier stated it is also important to look at reducing our reliance on debt. b. Sewer Rate Follow-up Randy Shoemaker stated the purpose of the modification in the billing methodology is to be a revenue enhancement for our system. He stated in order to keep the cost per $1,000 down as mandated by the court the consultant recommended going to the 100 percent water billing reading as a means to calculate the sewer rate. He stated the $1.5 million deficit in this year's budget still remains from the gap in the rates that were adopted and the expenditures approved. He stated the sewer modification is going to hit the customer on the high end who has significant water consumption during the summer months. He stated staff suggested offering the use of irrigation meters to customers who would like to use them and would allow the user to be charged for water only. He stated the commercial accounts do use irrigation meters. He stated the concern with the irrigation meters is the cost to install the meter and the return on investment. He stated the cost per meter would be $3,000 to $6,000 including the Town's share for installation and the homeowners responsibility from the property line to the irrigation system. Further, he outlined the time lines for return on investment stating an average in town user would see the return in approximately 15 years; however, a high user would see a return in four to seven years. He stated he has been asked to compare the Town's billing calculations with that of Loudoun Water and pointed out that Loudoun Water has a much higher fixed fee per billing cycle which provides a higher guaranteed funding stream and recommended that the Town adopt a higher fixed fee to allow for reduced user fees for customers. He stated if the Town adopted Loudoun Water's calculations for sewer rates it would not be sufficient to close the funding gap in this year's budget, Further, he stated by delaying adoption of this sewer billing methodology the Town has lost out on approximately a half million dollars in revenue bring the budget shortfall to approximately $2 million for fiscal year 2010. Vice Mayor Hammier asked how many other municipalities use an irrigation meter system versus the deduct meter system. Mr. Shoemaker stated the Town is currently using the irrigation meters for its commercial customers. Further, he stated very few municipalities use the deduct meters. Vice Mayor Hammier stated of those that use the irrigation meters does the municipality require that they be the only installation source. Further, she asked if the Town would be willing to offer the option to homeowners to have a private company provide the installation as a cost savings measure. Mr. Shoemaker stated the Town offers the option of a private source; however, we do not like to issue permits to cut the street which is why the Town is responsible for the installation to the property Tine. He stated they could find a private source; however, the cost for the permit would be $50 in addition to the cost of the service. Vice Mayor Hammier asked if we were to get a large number of requests for these meters would we be able to respond to them. Town Council Work Session of December 7 2009 Page 10 Mr. Shoemaker stated that is a concern shared by staff. He stated if there was a tremendous request we would have to contract for labor to provide the installation. Vice Mayor Hammler stated we are hearing from the public that the deduct meters are more beneficial to the Town and customers and she looks forward to continuing this process in hearing from the public. She asked if there is an opposition to irrigation meters as not being fair is the fall-back plan the winter quarter plus 3,000 gallons calculation or the actual water usage, whatever is less. Mr. Shoemaker stated staff's recommended fall-back is the 100 percent billing. He stated he does not know Loudoun Water's billing structure and would not want to just arbitrarily pick the number 3,000 gallons plus. Vice Mayor Hammler stated she is looking forward to the public input and asked that staff make this information available to the public. Council Member Wright verified if Council does nothing the 100 percent calculation for sewer billing will go into effect January 1~~. He stated the reason Council deferred this effective date was to consider other options and also out of a sense of fairness to the users to not change the calculation on them in the middle of the summer usage quarter. He stated there are a couple of options available to the users who wish to avoid the higher bill; one of which would be to not water their lawn and the other would be to install an irrigation meter. He stated in looking online for information regarding deduct meters it seems that while not widely used, the cost of installation would be essentially the same as for the irrigation meter. Mr. Shoemaker stated the cost of the deduct meter would be slightly less as it is connected to the line after the Town's meter. He stated the concern is that you then have a meter that the Town would not be able to go onto the private property to read the meter. Council Member Wright verified similar technology does exist for remote reading of deduct meters. Mr. Shoemaker stated the billing process would need to be changed to allow for the deduction of one meter from another. Council Member Wright asked how the sewer billing is calculated in warm weather climates. Mr. Shoemaker stated in warmer climates there is generally more use of recycled water for irrigation and most jurisdictions have a duel pipe system and meter both. Council Member Wright stated it seems a longer term solution is to Zook at a tiered structure; however, that is not allowed immediately because of the litigation. Mr. Wells stated a look at an appropriate fixed fee with a tiered structure over that is the best way to move forward; however, we are not in a place to make that change right now. Town Council Work Session of December 7 2009 Paae 11 Council Member Wright stated he is not opposed to moving forward with the irrigation meters. He stated it is important to educate the public on the impacts of this change. He thanked Mr. Shoemaker for his analysis of Loudoun Water's billing methodology stating the reason he like it, though he does question some of the numbers, is that it would relieve the Town of the burden of installing new equipment and dealing with new challenges. Further, he asked if the 3,000 gallon plus calculation does not work to close our budget gap, is there a number that would work. Mr. Wells stated to make that aspect of it to work you would need to bring up the fixed fee discussion. He stated the current fixed fee is lower and is being masked by the higher usage fees. He stated the only way to get to where we need to be is though the use of the irrigation meters. Council Member Reid stated Mr. Brian Shifflett contends that the Town's estimate for installing the irrigation meter is too high and that the cost would be around $1,000. Mr. Shoemaker stated he had the Utility Maintenance Division Manager John Creamer estimate the number of hours it would take to install the meter and the cost of the equipment. He stated the estimation was that it would take approximately half of a day for installation. Council Member Reid stated the irrigation meter would have to be installed by the Town and the Town would not have to install the deduct meter, though there would still be a capital cost associated. He stated he would need to see some finite numbers associated with those options. Further, he stated the irrigation could also be used for users who use a hose to water their lawn. Council Member Butler stated the URAC committee recommended an increase in the fixed fee and a tiered rate structure. He stated once the law suit is completed he will recommend that the URAC be reconvened to continue their good work. He stated he is not sure that he is in favor of the use of either meter as it will reduce our income when we are currently running a deficit and the funds would have to be found somewhere else. He stated the first step is to get the Utility Fund balanced, as painful as that may be. He stated if there are homeowners who are going to see an increase in their billing because they chose to water their lawn he is fine with that as it is a decision on their part, Further, he expressed concern for some businesses such as car washes or HOA's and the differences in their bills and he would like to see a meter for those few meters if necessary. Council Member Reid expressed support for the Vice Mayor's comments regarding deduct meters; however, he would need to have firm costs for both meters before making a decision. He stated this will be a bitter pill, but it might be best to allow the sewer rates to go up. He stated perhaps this is what it will take for our businesses and residents to come forward and demand an increase in revenue and reductions in costs. He stated even though he is the only member of Council with an irrigation system he is prepared to move forward with this recommendation. Further, he stated he did not vote for the new rates and thanked Council Members Wright and Butler for their support of the tiered rate structure, which would have been a much better alternative. Town Council Work Session of December 7 2009 Page 12 Council Member Dunn stated he also would like to see firmer numbers. He asked how many HOAs have irrigation systems. Mr, Shoemaker stated a small percentage have private wells for irrigation. Council Member Dunn stated the homeowners and consumers pay for the increased rates as the HOAs and businesses pass the costs off to the customers. He stated he did not support the rates either and is torn about this billing method. Further, he asked when this discussion would be revisited. Mr. Wells stated he would like to bring the information back to Council tomorrow night for a vote at the first meeting in January. Council Member Dunn stated he would also like information regarding the easement access to the deduct meters. Ms. Irby stated it becomes very costly to acquire easements for access on private property which is why we try to keep Town meters In the public right-of- way. Council Member Dunn stated he would think that the capital cost and easement cost could be included in the initial costs. Mr. Wells stated that information will be brought forward tomorrow night. Vice Mayor Hammier asked that the information be presented as a presentation before the petitioner's section tomorrow night. There was further Council discussion regarding increase in revenue for the Utility System, Council Member Wright stated the current system we have now for the winter billing quarter is also unfair as residents have seen a savings while using more water in the summer. c. User Fee Study This item was deferred to the January li, 2010 Council Work Session. d. Woodberry Road Improvements Tom Brandon stated the last time this was discussed Council instructed staff to continue working with the residents to investigate other options that might mitigate the impact of the improvements. He stated based on the information from that meeting and meetings with individual residents the staff's recommendation is that a sidewalk be installed on the east side of the street. Council Member Dunn verified the sidewalk does not have to be brick. He asked the cost savings associated with a concrete sidewalk versus brick. Mr. Brandon stated the savings would be approximately $50,000. Council Member Dunn verified the cost of the entire project is $850,000. He verified the savings for a partial sidewalk would be $50,000. He stated he attended the neighborhood meeting and received very good feedback from those Town Council Work Session of December 7 2009 Page 13 on both sides of the sidewalk issue. He asked staff's feelings regarding the meeting. Mr. Brandon stated he felt the meeting went very well and did not feel that people's opinions have changed regarding the sidewalk. He stated the positive outcome from the meeting was that it seemed to improve neighbor relations. Council Member Dunn asked how realistic the option is to construct only a partial sidewalk considering ADA requirements and whether other Town's have constructed partial sidewalks and not been contacted by the Justice Department. Ms. Irby stated other communities have been cited for constructing half a sidewalk is constructed that essentially leads to nowhere. Further, she stated if the case is lost in court the Town would be responsible for the other side's attorney fees. She stated the literature is pretty clear that sidewalks need to be connected and there is no allowance for phasing or constructing a partial sidewalk. Council Member Dunn verified anyone could bring a case against the Town. Council Member Reid stated he received an email from Mr. Montgomery asking that abump-out be constructed to save his tree and asked if that could be done. Mr. Brandon stated that could be done. He stated at the public meeting options were shown for bump-outs to save trees. He stated the majority of residents were not in favor of the bump-outs and therefore they were not included in the recommendation. Further, he stated there is a possibility that bump-outs could alter the drainage system. Council Member Reid stated he is only interested in some measure to save Mr. Montgomery's tree. Mr. Brandon stated the bump-out is not required to save Mr. Montgomery's tree. Council Member Reid stated he supports the full sidewalk on the east-side, but does not support the use of brick. He stated he would rather that funding be used to assist the Kemps, the HaIIs and Mr. Patton. He stated he does support the use of brick at the corner adjacent to the Kemp's property. He stated the additional funding could also be used for a CIP project to construct a sidewalk along Edwards Ferry Road in front of Sheetz. Further, he verified that the sidewalk must be at least four feet wide and that staff is working with the neighbors regarding the driveway apron for expanded parking. Council Member Butler asked how the community feels about the brick sidewalk. Mr. Brandon stated the residents have mixed feelings regarding the use of brick. He stated the residents who responded to the survey were slightly in favor of the brick. He stated the residents who did not want the sidewalk did not respond to the survey. Town Council Work Session of December 7 2009 Page 14 Council Member Butler stated he took a tour of the street with the Deputy Town Manager. He expressed appreciation for staff's efforts to work with the residents towards a solution. Council Member Wright stated he appreciates staff's efforts to hold the additional neighborhood meeting and though he was not able to attend he did receive a briefing from Mr. Dentler. He verified brick will be used for the sidewalks in the lowenbach neighborhood improvements project. He also verified that brick will not be extended to Mayfair Drive, but was used for Harrison Street. He stated it seems we will still lose four trees whether a full or partial sidewalk is constructed, He asked if there has been discussion regarding methods of differentiating the driving lane from the parking lane to help visually constrain the roadway for the driver. Mr. Brandon stated staff has proposed a narrow street through here. He stated the reason we feel confident in allowing parking on both sides of the narrower street is that there are staggered driveways which will allow cars to weave through the area. He stated if the thru-lanes were delineated then the cars would be parking on the thru-lanes. Council Member Wright verified the traffic calming will be achieved by narrowing the street and knowing there will be parked cars there. Further, he stated he has received the information regarding what can be done to minimize the impact to the landscaping on the corner. Vice Mayor Hammier expressed appreciation for staff's report and for the additional meetings that were held and also for the residents who have provided their input and found ways to work together. She also expressed appreciation for the efforts of other departments such as Parks and Recreation who have assisted with this project and for the tour guided by Mr. Dentler for her and Council Member Butler. She stated it is evident that there is a significant safety issue coming from Edwards Ferry Road on to Woodberry Road. She stated ultimately this is also a historic street issue and she would not support changing the plan to install a brick sidewalk without allowing proper notice to the residents. She stated her key lesson learned from this process is that we broadened our perception of what the neighborhood is and allowed time for input from those who live in and around who enjoy being part of the Woodberry neighborhood through daily pedestrian activities. Further, she stated she is prepared to support the recommendation for a sidewalk on the east side. Mayor Umstattd stated she felt the meeting at Ida Lee was very helpful as she was interested in finding out what the Pattons, Kemps, Kidders, Steinbergs and Montgomerys thought about the various proposals. She stated there seemed to be Tess concern at the end of the meeting from residents who were concerned with the initial proposal. She stated this was different from staff's feeling that there was not much movement in the resident's concerns. She asked if any trees will be lost on the west side. Mr. Brandon stated no trees will be lost on the west side of the street. Mayor Umstattd verified there will be parking on both sides of the street. She stated her perception was that with the exception on one resident, the residents on the east side are in favor of the sidewalk. Town Council Work Session of December 7 2009 Page 15 Mr. Brandon stated on the east side the Kemps and Halls are not in favor of the sidewalk; however, the rest of the east side is either in favor of or not opposed to the sidewalk. Mayor Umstattd asked the impact of the project to the Hall family. Mr. Brandon stated the HaII family will lose Town right-of-way that appears to be part of their front yard. He stated there will also be a small easement that will be needed from them. Mayor Umstattd verified staff believes the Kemp and Patton families can live with the compromise offered by the Town. She asked what the impact of this project is to their properties, Mr. Brandon stated the major thing they will lose is on-street parking. He stated there will be so landscaping that will need to be moved and replaced on the Kemp's property. Council Member Wright asked if the reason on-street parking will not be allowed on this portion of the street is the desire to minimize the impact on the Kemp and Patton properties. Mr. Brandon stated that is correct. He stated on the north part of the street the right-of-way is 50 feet; however, on the south part of the street it narrows to 34 feet. Council Member Dunn stated he thought staff indicated during the community meeting that the Patton family would be able to keep their on-street parking. Mr. Brandon stated if he said that he was mistaken. He stated staff's recommendation is that curb and gutter not be installed in this area to preserve their landscaping; however, there still will be no on-street parking. Council Member Reid asked if any Council Members would support concrete sidewalks for this project versus brick. Mayor Umstattd expressed support for this amendment. Council Member Wright stated he is leaning in that direction; however, he would need to consider the issue further before agreeing to an amendment. Vice Mayor Hammler asked if the possibility of concrete sidewalks was discussed with the residents. Mr. Brandon stated both possibilities of concrete or brick sidewalks were discussed with the residents. Vice Mayor Hammler asked if staff feels it would be appropriate for Council to make this material change at this point. Mr. Brandon stated he believes the amendment would be fine as both options had been discussed. Town Council Work Session of December 7 2009 Page 16 Vice Mayor Hammler stated she is erring on the side of caution as Council originally thought it had a clear understanding from staff as to the resident's opposition to the sidewalk and later found that after allowing time to hear from the residents that a clearer picture was provided. She stated she would appreciate time to hear from the citizens before a change is made. Council Member Reid stated Mr. Brandon indicated the resident's survey indicated only a 5-3 preference for the brick, which was not as much of a concern as the sidewalk itself. He stated he would still support the use of brick at the corner with Edwards Ferry Road, There was further Council discussion regarding the use of brick versus concrete. It was the consensus of Council to consider a vote on this issue tomorrow night. e. Potomac Crossing Park Bill Ference provided a brief history of the Potomac Crossing Park and information on the current status. He stated at a recent community meeting, the residents were uncomfortable with the formal baseball field and staff was comfortable with changing to an informal field. He stated there was also concern regarding the need to preserve trees and stated staff will preserve as many trees as they can as this is a tight site; however, staff also plans to plant more trees over and above those planted by the developer and develop natural regeneration areas and rain gardens. He stated the residents were also concerned that there be enough parking and staff has allocated sixty spaces and will institute traffic calming measures. Further, he stated the residents did not want a lighted facility and staff agreed to limit the light to security lighting. Mr. Ference outlined the site and the location of the amenities to be provided. He stated the Parks and Recreation Commission endorsed the plan as has the site developer. He stated another public meeting is going to be scheduled to outline the final plan and keep in constant contact with the residents. Further, he stated construction is planned for 2010. Vice Mayor Hammler asked given the proximity of the park to the river would it be possible to make better use of that amenity by constructing a trail. Mr. Ference stated one term of the agreement is that the Town would provide a trail to connect to the Potomac Heritage Trail into the Balls Bluff Cemetery. Vice Mayor Hammler verified this is a precedent for us that we will maintain tennis courts outside of Ida Lee and expressed concern that they could be a target for vandalism. Mr. Ference stated he has not had problems with vandalism of the tennis courts at Ida Lee. Vice Mayor Hammler verified it would not be possible to replant the trees to be removed elsewhere in the Town. Town Council Work Session of December 7, 2009 Page 17 Council Member Wright stated he understands the need for an open unprogrammed multipurpose field area based on the feedback from the residents; however, he is concerned that perhaps a more formal field is needed based on some of the resent requests received. He stated he believes one of the reasons why this park has taken so long to develop is that the proffer did not trigger until almost the last home in the development was constructed. Council Member Butler stated as liaison to the Environmental Advisory Commission and Tree Commission he believes this is a horrible idea. He stated that while we are saving trees it is tiny and negligible compared to what we are doing in this area in the middle of the woods. He stated recently we patted ourselves on the back by passing a tree ordinance; however, that positive impact will be outweighed by the negative impact once these trees are removed. Further, he stated we are talking about replacing an old growth forest with ball fields and parking lots. Council Member Reid stated he is also concerned about the location of the park; however, there are no other options as this is a developer proffer for a park to be constructed at no expense to the Town. He stated the only other location he could think of for this would be the brush area between the elementary school and Route 15. Mr. Ference stated the park was proffered in this particular area for the residents who are expecting this park to be constructed. Vice Mayor Hammler asked if it would be possible to negotiate acash-in-lieu proffer for this site as Council Member Butler has raised some valid points. Mr. Ference stated that would be difficult to do at this point. Ms. Irby stated if the Town does not want the park the only option would be to abandon the park. Vice Mayor Hammler asked their cost for constructing this park. Mr. Ference stated an independent cost estimate would need to be done. Vice Mayor Hammler stated that could be an option if the community decides they do not want the park based on Council Member Butler's points. Council Member Reid stated the residents do want the park. He stated we are preserving 12 acres from the original 20 acres. He stated he does not know of any other area that could be used other than what he identified; however, that may not be suitable. He stated he does not like seeing trees clear cut either; however, the people want the park and deserve to have it. Council Member Dunn stated in the efforts to preserve the Balis Bluff Regional Park there has been a need to remove trees in the area of the battlefield. He stated he is also in favor of saving trees; however, everyone on Council has voted to cut down trees at some point. He stated the Parks and Recreation staff has gone through so much to accommodate people with this park and to preserve as many trees as possible. Further, he stated he is disappointed that Town Council Work Session of December 7 2009 Page 18 the parking is going to be increased whereas everyone seems to be able to park at the Good Times Park and there are not even 45 spaces at that facility. Council Member Martinez stated there are about 35 parking spaces there and about 100 cars park there. Council Member Dunn stated he would like to see the number of parking spaces reduced. He stated some citizens abutting the park may be concerned with the additional traffic; however, the residents who have lived in the neighborhood a long time are looking forward to this park. Further, he stated trees will also need to be removed for the construction of Veteran's Park and it is important to focus on replacing the trees. Rich Williams stated the sixty spaces came out of the earlier planning sessions for the park. He stated staff proposed 45 spaces at a recent community meeting and received negative feedback from the residents. Council Member Dunn asked if there was discussion regarding the installation of no parking signs on the cul-de-sac. Mr. Ference stated there was discussion regarding the installation of a couple of stop signs at an intersection. Council Member Martinez expressed concern regarding security of the park given the secluded area. There was further discussion regarding security and environmental concerns. Mayor Umstattd stated a Council vote would be required to abandon the proffer. Mr. Wells stated if we are talking about not doing the project a Council vote would be required. He stated he would be concerned with having a community meeting at this point with not knowing how Council would like to proceed. Mayor Umstattd stated she would want to hear from the public before voting on the possibility of abandoning the proffer. She stated It is her understanding that the community has wanted this project for many years. Mr. Wells asked if that dialogue should take place at the community meeting or at Council. Mayor Umstattd stated it would be appropriate to have this discussion at the community meeting. Council Member Dunn stated most residents do not attend meetings as they assume the project is moving forward. Council Member Wright there have been numerous communications with the community all indicated that we will move forward with building the park. He stated if there is a majority consensus on Council to stop this project then the community needs to be notified. He stated he would not support stopping this project as the community has been promised this park for 20 years. T~wn_Cauncil Work Session of December 7 2u0~3 Page 19' Vice Mayor Harnmler stated the upcoming meeting is an opportunity to allow far the community to discuss the environmental and security issues. Council Member Reid concurred with Council Momber Wright`s comments. There was further discussion of security and parking. Council Member Butler stated he did not expect majority support to stop the :project. It was the consensus of Council to proceed with the park. and consider further options regarding the parking lat. ~. Additions to Future Ccsuncil tNe~tings Caunoil Memiier Reid stated he would like a discussion at the next work sessior7 regarding the need for a traffic calming device at Tavistack Drive and Hallyard Court: He stated the residents are also concerned about the intersection of Macaltster Drive and Tavistack Drive and would like a flashing fight or a three-way stop; Ne stated he would like to initiate the process to begin seeking public input, He stated there is also interest for amid-black arasswaik at Tavistack Drive acid Barnside Terrace: He stated he would also like a discussion regarding the North King Street drainage project as he has received numerous campiaints. Further, he stated there is also concern now regarding the Touvn funds contributed to the America's Cup of pafa and he +,vould Iike to know how we qualify programs For Town funcii,ng: 3. Adjmurnrnent On a motion by Council Member Butler; seconded by ~ctuncil Member Martinez the meeting vas adjourned at 11:38 p.m. ~ "~ ~'~,; i 1 ~ Clerk of 2009_tcwsmini2~7