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