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HomeMy WebLinkAboutCC-06-21-04-02 Fiscal Plan/C-262SPONSORED BY: Rattermann RESOLUTION NO. 06-21-04-02 A RESOLUTION OF THE COMMON COUNCIL OF THE 'CITY OF CARMEL, INDIANA TO ADOPT THE WRITTEN FISCAL PLAN AND DEFINITE POLICY FOR AN AREA KNOWN AS ANNEXATION TERRITORY IN ORDINANCE NO. C-262 WHEREAS, Indiana Code Section 36-4-3-3.1 requires the City to develop a written fiscal plan and establish a definite policy, by resolution of its legislative body, that meets the requirements of Indiana Code Section 36-4-3-13 for the area proposed to be annexed into the City by Ordinance No. C-262 (the "Annexation Territory"); and WHEREAS, a copy of the written fiscal plan and definite policy for the Annexation Territory is attached hereto; and WHEREAS, this written fiscal plan and definite policy adopted by resolution complies with the requirements of Indiana law to provide services of a noncapital nature to the Annexation Territory within one year after the effective date of the annexation in a manner equivalent in standard and scope to those noncapital services provided to areas within the corporate boundaries, regardless of similar topography, patterns of land use, and population density; and WHEREAS, this written fiscal plan and definite policy adopted by resolution complies with the requirements of Indiana law to provide services of a capital nature to the Annexation Territory within three years after the effective date of the annexation in the same manner those services are provided to areas within the corporate boundaries, regardless of similar topography, patterns of land use, and population density and in a manner consistent with federal, state and local laws, procedures, and planning criteria; and NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of Carmel, Indiana as follows: Section I. The above recitals are incorporated herein by reference and shall be deemed part of the written fiscal plan and definite policy. Section II. The Common Council of the City of Carmel, Indiana hereby adopts the materials set forth in the attached as the written fiscal plan and definite policy for the Annexation Territory which is the subject of Ordinance No. C-262. Section III. The sections, paragraphs, sentences, clauses and phrases of this Resolution are separable, and if any phrase, clause, sentence, paragraph or section of this Resolution shall be declared unconstitutional, invalid or unenforceable by the valid judgment or decree of a court of competent jurisdiction, such unconstitutionality, invalidity or unenfomeability shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Resolution. Section IV. This Resolution shall be in full force and effect from and after the date of its passage, execution by the Mayor, and such publication as is required by law. PASSED by the Common Council of the City of Carmel, Indiana, this c~ ~ day of ~ ,2004, by a vote of ~ ayes and _F) nays. COMMON COUNCIL FOR THE CITY OF CARMEL ~ ald/AE~. C~.g~,r, President Pro Tempore Richarcl L. Sharp/ ATTEST: Diana L. Cordray, IAMC, Clerk-Treasurer the Mayor of the City of Carmel, Indiana this I '~- ~ day of 2004, Presented by. me to at ~:~' ~o .M. ~'Di~na L. Cordray, IAMC, Clerk-Treasu~r -2- Approved by me, Mayor of the City of Carmel, Indiana, this day of x~h(o. Jt.c~ 2004, minard, Mayor ATTEST: . "--/Di~a L. Cordray, IA/VIC, Clerk-Treasurer Prepared by: Nicholas lC Kile Bame~ & Thomburg I I South Meridian Street Indianapolis, Indiana 46204 -3- Carmel, Indiana Hamilton County (Draft) Annexation Fiscal Plan The Fiscal Plan may be reviewed in the offices of the Department of Community Services located on the 3rs Floor of City Hall. Copies of the Fiscal Plan are available at this location for a copying fee of $0.25 per page (black & white), OR interested parties may obtain a copy of the Fiscal Plan from th e City's internet web page at www. cl. Carmel. in. us. For any questions regarding this annexation, the public should contact Michael Hollibaugh, Director, Department of Community Services, at 317/5 71-2417. June lO, 2004 Narrative Prepared by: Michael R. Shaver, President 3799 Steeplechase Drive Carmel, IN 46032 (voice) 317/872-9529 (fax) 317/872-9885 (e-mail) wabsci('C,_,aol.com Cl. ~D- Policy Considerations It must be clearly understood that this annexation action was initiated by residents of the annexation area who have appeared before the Carmel City Council to personally request annexation by the City of Carmel, as well as making similar requests of Carmel City Councillors by e-mail. As the process unfolds, the City of Carmel will be able to see the depth and breadth of the related issues and determine whether annexation by Carmel is the best alternative for Carmel and for the residents of the annexation area. The fact that municipalities must compete with one another is a major contributing factor to the story of events which led these residents to pursue annexation to the City of Carmel. Clearly, the residents felt that they had a choice between being affiliated with two municipalities and some of them have expressed that choice. The statutory thresholds for a voluntary annexation under IC36-4-3-5 are substantial, and while the residents of the annexation area have made their request publicly, it is somewhat unreasonable to expect them to be so well organized to generate signatures fi'om 51% of the land owners in the area. Carmel will proceed with the statutory process for annexation under IC36-4-3, as requested by the residents of the annexation area. Statement of Intent As a matter of policy, the City of Carmel will pursue this annexation with the simultaneous intent of pursuing a policy of cooperation with the Town of Westfield. As such, this Fiscal Plan has been developed with optimum deference to the principles of inter-governmental cooperation, especially as provided in IC36-1-3-9. It is obvious that such cooperation must be fair to both parties. But more important than the interests of the City or the Town is the principle of providing the best possible services to the residents of the area, at the lowest possible cost. Therefore, we find that any previous "claims" to the annexation territory are fallacious and divert attention from the importance of the residents, themselves, as the central focus of concern in any action by any public body or agency. The annexation territory does not "belong" to either Carmel or West{ield. It belongs to the residents of the area. City of Carmel: Annexation of a Portion of Southwestern Washington Township 2 Municipalities Must Compete It should be noted that similar disputes have erupted in other areas of the state. It is common for people to voice an opinion on a matter of public interest and to disagree with decisions made by public officials. What is unusual in this case is that the residents of the annexation area possessed an option which could be viably exercised in selecting the municipality with which they would want to affiliate. Westfield would appear to have some intent to annex the area or there wouldn't have been such a fuss by the Town and its elected officials in response to Carmel's action. Therefore, while a rejection of this annexation does not directly result in annexation by Westfield, it would appear that the alternative of remaining in an unincorporated area is questionable, at best. The vast majority of people select 'their municipality' when they purchase their home, either directly or indirectly. Beyond that initial purchase, the normal functions of local government rarely offers choices. Therefore, any "competition" between communities generally occurs at the home purchase decision, and then becomes moot. It is only the sum of several thousand such home-purchase decisions that demonstrates the competitive differences between communities. In this case, however, the issue of competitive becomes slightly more clear. This case potentially carries a larger lesson about the competition between communities. The fact is that communities compete every day, literally hundreds of times, often without knowing that they are competing. And in the case of this Washington Township annexation, the issue of competition between communities and that abstract factor called "quality of life" is a central issue which cannot be ignored. Having said these things, the issue must ultimately be resolved by the residents, themselves. Statutory Considerations Indiana law defines a series of statutory issues which must be addressed in order to implement an annexation, or to respond to a remonstrance action, as contained in IC36-4-3-13. These statutory issues are briefly addressed below. Contiguity The Washington Township Annexation Area is more than 25% contiguous to the existing corporate limits of the City of Carmel. City of Carmel: Annexation of a Portion of Southwestern Washington Township Population Density The estimated population density of the annexation area is less than 3.0 persons per acre. "Needed & Can Be Used" The Washington Township Annexation Area is 'needed and can be used by the City for its development' at this time. While the issue of "need" with respect to the City of Carmel is not a motivation of this annexation action, the statute nonetheless requires that the issue be addressed. There are several ways in which the City of Cannel affirms that the area is "needed and can be used," in accordance with IC36-4-3-13 (d)(2), as follows: Washington Township development patterns have a direct impact on the thoroughfares of Clay Township because high density residential development generates increased traffic burdens on thoroughfares connecting residential areas with employment centers. High density development existing and proposed for Washington Township wilI have a direct impact on traffic volumes on major thoroughfares such as Towne Road, Shelborne Road, Ditch Road and Spring Mill Road, with substantial impact on those corridors which cross 1-465 into Marion County. Carmel's overall development density has traditionally run at approximately 1-2 housing units per acre. In meetings between Town officials of Westfield and City of Carmel officials, Wesffield officials stated that Westfield intends an overall development intensity of 3 units per acre. This is a substantial difference in intended developmental intensity. Since major north/south thoroughfares connecting Wesffield to employment centers run through Carmel, Carmel must exercise some control over the issue of development intensity, if for no other reason than controlling the growth of traffic jams on Carmel thoroughfares. Washington Township residents have publicly expressed an interest in being annexed by the City of Carmel, as directly opposed to annexation by the Town of Westfield. The extent of this interest is not yet fully demonstrated but the public hearing process should help to reveal the extent of public support for Carmel's annexation. This expression of public interest has cited a number of reasons for being annexed by Carmel. Annexation statutes directly empower cities to implement growth interests over the powers of municipal towns. This statutory differentiation in powers is believed to have been effected in order to support the growth of cities and the municipal services provided by cities. For these and other reasons, the City hereby affirms that the Washington Township annexation area is needed and can be used for the development of the City of Carmel in the reasonably near future, as required by statute. City of Carmel: Annexation of a Portion of Southwestern Washington Township 4 Projected Annexation Schedule The projected effective date of the annexation is to be between January 1, 2005 and February 28, 2005, with all non-capital services to be in place within one year of the final effective date, with all capital services extended within 3 years of the effective date, as required by statute. All non-capital services will be provided to the annexed territory within one year after the effective date of annexation, and will be provided in a manner equivalent in standard and scope to the non-capital municipal services provided to the areas within the corporate boundaries of the City. The City Administration, Department of Law, City Council and Clerk-Treasurer have already begun the planning for extension of the non-capital services of their offices, and have initiated efforts to organize existing and future resources necessary to assure that the extension of services occurs in as smooth and efficient a manner as possible. All capital services will be provided to the annexation territory in the same manner as they are provided to areas within the corporate boundaries of the city, and in a mariner consistent with federal, state and local laws procedures and planning criteria. Plan for Extending Services The City of Carmel has developed both short- and long-term plans for extending services to the proposed annexation area in Washington Township, in order to smoothly integrate and potentially upgrade services to the annexation area. These plans generally exceed the minimum statutory parameters oflC36- 4-3, and are intended to provide the residents of the annexation territory with a clear picture of the policy direction intended for the area by the City of Carmel, in order to enable residents of the area to make educated choices regarding the annexation. The City of Carmel recognizes the following municipal departments and agencies as providing municipal services to residents of the City: Administration (non-capital services) Clerk-Treasurer (non-capital services) City Council (non-capital services) Department of Law (non-capitaL services) Department of Community Services (non-capital services) Engineering Department (non-capital services) Police Department (non-capital services) Fire Department (non-capital services) Street Department (capital and non-capital services) Carmel Utilities (capital services) City of Carmel: Annexation of a Portion of Southern Washington Township 5 All municipal services are defined in the Annexation Policies of the City of Carmel, as approved by resolution of the City Council, and reinforced below. Non-Capital Services IC36-4-3-13 requires that non-capital services be extended within one year of the effective date of annexation in a manner equivalent in standard and scope to those non-capital services provided to areas within the corporate boundaries. Statute specifically cites police protection, fire protection, street/road maintenance, and "other"as non-capital services. This Fiscal Plan hereby affirms that all non-capital services will be extended to the annexation area within one year of the effective date, in full compliance with statutory requirements, and in some cases, the statutory requirement will be exceeded by extending the service prior to the statutory deadline. Capital Services IC36-4-3-13 requires that capital services of the municipality be extended to the annexation area within 3 years of the effective date of the annexation in the same manner as those services are provided to the rest of the city, and "in a manner consistent with federal, state, and local laws, procedures and planning criteria. ' The statute specifically cites street construction, street lighting, sewer facilities, water facilities, and stormwater drainage facilities as capital services. This fiscal plan hereby affirms that all capital services of the City of Carmel will be extended to the annexation area within 3 years of the effective date of the annexation, in full compliance with IC36-4-3-13, with further explanation provided below. Extension of Services The following represents the City's Plan for extending non-capital services to the annexation area on a department-by-department basis. MUNICIPAL ELECTIONS Residents of the Washington Township area will become eligible to vote for municipal officers, including the Mayor, Clerk Treasurer, City Council, etc., in regular and special elections beginning on the effective date of the annexation. CITY AD MINISTRA TION~A YOR ~S OFFICE The City Administration provides services under direction of the Mayor, who City of Carmel: Annexation of a Portion of Southern Washington Township 6 serves as Chief Executive Officer of the City, including all Mayoral/ Administrative staff. (The Mayor also directs the activities of several other City departments.) The City Administration helps to develop and administer municipal policy, as well as dealing with citizen requests of various types. Some of the services of the City Administration are already available to the residents of the Washington Township area by virtue of telephone calls, meetings and requests for information related to this proposed annexation, as well as other matters germane to the common interests of the residents of the annexation area, and the City. Services of the City Administration will be made available to the residents of the Washington Township area on the date the annexation becomes effective and will be extended in a manner equivalent in standard and scope to services provided to the other areas within the corporate boundaries of the City. CLERK-TREASURER The Clerk-Treasurer serves as the Chief Financial Officer for the City. The office is responsible for receiving and paying invoices for goods and services, as well as managing and investing revenue streams received by the City. The financial services of the Clerk Treasurer are provided on behalf of the residents of the City, but do not accrue directly to the residents of the City, per se. While the public is entitled to access to public documents generated by the City, and is entitled to discuss matters of fiscal policy, the Clark-Treasurer does not provide direct financial services to individual residents. The services of the Clerk Treasurer's office will be made available to the residents of the Washington Township area on the date the annexation becomes effective, and will be extended in a manner equivalent in standard and scope to the services provided to the other areas within the corporate boundaries of the City. CITY COUNCIL The City Council serves as the Legislative Branch of municipal government, with 7 councillors elected by residents of the City. The opportunity to vote for city council and other municipal offices, as well as to vote in any special elections of the City will be extended to the residents of the Washington Township area upon the effective date of the annexation. It must also be added that the Carmel City Council already extends many of its City of Carmel: Annexation of a Portion of Southern Washington Township 7 services and opportunities to be heard to the residents of the Washington Township area. Such services include the opportunity to testify before the City Council at public hearings, the opportunity to address the Council at Council meetings, the opportunity to make requests of the City of Carmel (such as the investment made in producing this annexation action), as well as attending Council Committee meetings, requesting and receiving special meetings with members of the City Council and the opportunity to discuss issues deemed important by the residents of the area with the City Council, either individually or collectively. Residents of the Washington Township area have often been afforded the opportunity to express their views in shaping development policy for the community at large, despite the fact that they were not residents of the incorporated city. As such, some of the services of the City Council have already been afforded to residents of the area. The services of the City Council will be available to the residents of the Washington Township area on the date the annexation becomes effective, and will be extended in a manner equivalent in standard and scope to services provided to the other areas within the corporate boundaries of the City. DEPARTMENt OF LAW The Department of Law (DOL) provides legal services to the City of Cam~el for the purposes of creating and enforcing local ordinances, as well as administering legal issues and processes of the City in its various activities. The services of the Department of Law are provided solely to the incorporated City of Carmel and its departments and agencies, especially in defending the City against legal actions by outside parties. The services of the Department of Law are not formally extended to individual citizens and/or residents of the City, except as the indirect result of the DOL's services provided to the incorporated city. Therefore, the services of the Department of Law will be available to the residents of the Washington Township area to consult with the Department of Law on matters related to city ordinances or other legal matters relating to the functions of the incorporated city. The services of the Department of Law shall be provided to the residents of the annexation area in a manner equivalent in standard and scope to the services DOL provides to the other areas within the corporate boundaries of the City upon the effective date of the annexation. PROJECTED IMPACt ON CITY HALL AcrIFlrlES The City of Carmel has made it common policy to anticipate ~owth and to City of Carmel: Annexation of a Portion of Southern Washington Township 8 include the cost of extending services to new residents (even new residents in areas previously annexed) in each annual budget. A review of budget records clearly shows that Carmel has been meticulous is assuring that service demands are anticipated in advance and that high-quality services are maintained. Due to this policy, Carmel has programmed itself for growth from both a fiscal and a service perspective, regardless of where that growth occurs. With regard to this annexation, it is expected that most of the demand for additional administrative services will be handled through the City's normal increase in organizational productivity, as well as personnel added via the annual budget. The City Administration, including both elected officials and Department Directors will assess the increased demand for Administration services and is projected to add 1-3 full-time equivalent positions within the City offices. These full-time-equivalent positions could be achieved in two basic ways. First, the City may hire full- or part-time personnel to handle the increased demand for services. Second, and more likely, the increased demand may be met through overtime expenditures for existing staff, which is expected to be substantially cheaper due to overhead and benefit costs. CITY COURT The proposed annexation will have an impact on the City Court. Cun'ently, the County Sheriff patrols the roads in the annexation area and any traffic infraction or citation is sent to County courts in Noblesville for ajudication. A~ter the effective date of annexation, the City Police will begin to patrol the area and traffic infractions, as well as any other legal or enforcement activity will be ajudicated in the City Co~t. This is projected to significantly increase the court case load, and the cost of operating the City Court. As a result of previous annexations, the Court caseload increased 15% in 2003 (over 2002 levels). The following is a breakdown of anticipated increases in the cost of operating the City Court as a result of the proposed annexation as projected by the Judge. Projected Impact of Annexation on City Court min max 1 new employee w/overhead $65,000 $70,000 2 add'l bailiffs for one additional court day per week $12,000 $15,000 Increase in Judge's work load $5,000 $5,000 City of Carmel: Annexation of a Portion of Southern Washington Township 9 Miscellaneous supplies, materials, doc storage, etc. $1,500 $2,000 Total estimated increase $83,500 $92,000 History of the City Court When Judge Bardach became City Judge in 1993, the Court had 5 employees (4 full-, 1 part-time). In 2004, the Court still has 5 employees (all full time), despite a significant increase in the case load. Increases in efficiency, however, have been maximized and future increased case loads will generate a need for additional resources. Between 2002 and 2003, annexations have caused the caseload to increase 15%, with another increase of 15%-20% increase projected for 2004 (resulting from continued annexation). The Judge has already requested 2 additional employees to handle increased case loads resulting from 2003 and 2004 annexations (bringing the total employees in the City Court to 7). Further, the Court is adding another day of court each week over the current average (of 2 days per week). The proposed annexation is projected to continue this trend of increasing court demand. The services of the City Court will be provided to the annexation area during the course of the year following the effective date of the annexation in a manner equivalent in standard and scope to those services provided in the incorporated parts of the Cit~. As City Police begin to write traffic tickets in the armcxation area, thc services of the City Court will be extended into the annexation area. CARMEL REDEVELOPMENT COMMISSION There is no portion of the annexation area which is under the jurisdiction of the Carmel Redevelopment Commission (CRC) at this time, and the CRC has no plans, whatsoever, to designate economic development areas (ED Areas) or redevelopment areas (RD Areas) within the annexation area. However, statute requires that the City extend the services of the CRC, just as it would extend any other municipal services. Therefore, after the annexation takes effect, the CRC could consider the designation of any areas which are deemed to meet the statutory findings of fact (for creation of an economic development area) or findings of blight (for creation of a redevelopment area). Such a determination by the CRC is subject to a specific statutory process, and while such designations will be made available to the annexation area on the effective date of the annexation, there are no such designations anticipated at this time. In the event that residents and owners of property within the annexation area request such a designation, the CRC will consider such a request because they are legally obligated to do so, and will take actions in a City of Carmel: Annexation of a Portion of Southern Washington Township 1 0 manner that is equivalent in standard and scope to similar requests for other parts of the city. Furthermore, since the City of Carmel herein specifically states its intent to develop a new comprehensive plan and thoroughfare plan for the annexation area, and since any ED or RD Plan requires the determination that the proposed ED/RD Area conform to the comprehensive plan for the area, it is difficult to envision any scenario where an ED or RD Area could be designated until after the new comprehensive plan is approved (since there would be no logical means of demonstrating conformity with a comprehensive plan that does not exist). CARMEL COMMUNICATION$ CENTER The proposed annexation will have an impact on the services of the Communications Center. The Director of the Communications Center has anticipated the combined impact of annexation and growth and has endeavored to plan for smooth transitions to increasing the service territory by increasing the hardware capability of the communications center. The Director anticipates receiving a total of more than 6,000 emergency calls, reporting an estimated 5,000 emergencies, resulting from this annexation. The shift in call handling responsibility will not be insignificant, however, the Communications Center is aware of the growth in demand and has been increasing efficiencies of operation in order to optimize performance. Within the last 3 years, the Communications Center has increased from 4 to 6 consoles. The departmental staffing runs 4 shifts per day, meaning that staffing policies require the hiring of 4 new people to operate one work station for a 24-hour period. The table below projects the personnel and other needs of the Communications Center with regard to this annexation. At this time, the Director anticipates requesting 2 new employees for the 2005 budget year. If those positions are not filled in anticipation of the proposed annexation, it is anticipated that the proposed annexation will require the addition of the following resources to the Communications Center in order to assure the extension of these non-capital services into the annexation area. In addition, the Director has requested additional technical personnel to enable the Communications Center to provide additional installation and technical support to the Police Department for the existing annexations and other growth. City of Carmel: Annexation of a Portion of Southern Washington Township Projected Impact of Annexation on Communications Center hire date # employees est unit cost est. total cost 3/06 1 $48,000 $48,000 9/06 1 $48,000 $48,000 3~07 1 $48,000 $48,000 9/07 1 $48,000 $48,000 total 4 $192,000 $192,000 The services of the Communications Center will be provided to the annexation area one year after the effective date of the annexation (no later than 2/15/06) in a manner equivalent in standard and scope to the services provided to the incorporated portions of the City. The Director has already taken steps to secure the necessary hardware for the Center and to make preparations to convert the annexation area to Carmel calls, rather than to the County. The Director expects the assimilation to be handled smoothly. Planning & Zoning Services Are Key The entire annexation question in Washington Township arose directly from a controversial zoning decision by the Westfield Town Council where commercial development was approved for an area zoned for residential land use. The City of Carmel is sensitive to this reality and has invested a significant amount of time in development of a viable plan for extending planning and zoning services into the annexation area. The method for extending planning and zoning services into Washington Township will involve several proposed steps and decisions, explained as follows. CREATION OFA "CITIZENS' DEVELOPMENTADVI$ORYBOARD" In order to monitor development proposals in the annexation area, the City of Carmel would propose to create a Citizens' Development Advisory Board (CDAB). The CDAB would review development proposals and provide recommendations related to the proposed development, and those recommendations would then be considered by the Carmel Plan Commission. The preliminary suggestion for configuration of the CDAB would be composed of one or more residents of the annexation area, as well as at least one member of the Carmel Plan Commission and at least one member of the Carmel City Council, thus enabling the residents of the area to have a direct voice in City of Carmel: Annexation of a Portion of Southern Washington Township 12 development proposals which are received, as well as making both the Carmel Plan Commission and the Cannel City Council aware of such development proposals and the potential implications thereof. It is also possible to include representation of other affected boards or bodies that would be affected by planning and zoning decisions. It is anticipated that the CDAB would serve in the interim between the effective date of annexation and the approval of the new Comprehensive Plan for the area (presented below), with the CDAB ceasing operation upon approval of the new comprehensive plan covering the annexation area. The provision of such a Citizens' Development Advisory Board exceeds the statutory requirements oflC36-4-3, however, the City of Carmel believes that such an advisory board is appropriate when considering the facts in this case. The decisions of the Citizens' Development Advisory Board will be advisory only because such a Board has no statutory authority, however, the provision of such a Board is designed to assure that residents and leadership have a clear voice in the development process within the annexation area. WESTFIELD ZONING DESIGNA TION8 TO BE LEFT IN PLA CE~ WITH CITY OF CARMEL DEVELOPMENT STANDARDS Upon the effective date of the annexation, the City of Carmel's Department of Community Services (DOCS) will assume control of all planning and zoning services for the annexation area (exceeding the requirements of statute). DOCS staff has already informally initiated the effort to familiarize themselves with the contents of the Westfield Comprehensive Plan and zoning for the annexation area. Beginning on the effective date of the annexation, the City of Carmel will identify the closest zoning designation of the Carmel zoning ordinance to the zoning desi~ations of the Town of Westfield, within the constraints of state and federal law. It is Carmel's intent to then apply the development standards of the City of Carmel to any development proposal which is received after the effective date of the annexation. This provision again exceeds the minimum requirements of statute in this regard. Generally speaking, it is believed that the development standards of the City of Carmel are higher and more demanding than those of Westfield, therefore, the increase in development standards is expected to result in a higher quality of development over the long term future of the annexation area. ANTICIPA TED REDUCTION IN DENSITY Based on information received from Westfield in meetings and public testimony, City of Carmel: Annexation of a Portion of Southern Washington Township 1.~ it appears to be generally believed that Carmel's zoning and development standards have generally resulted in development with substantially less density than that of the Westfield experience. Westfield officials have indicated that the anticipated overall density of development for the annexation area is expected to average 3 units per acre, while Carmel's experience has been less than 2 units per acre. DEVELOPMENT OF A SPECIAL PLAN FOR WASHINGTON TOWNSHIP In order to create a consistent platform for future development, the City of Carmel will also commission a new comprehensive plan for the Washington Township annexation area. This new Comprehensive Plan will be developed by the Carmel Plan Commission (CPC) and will be executed on the same format and with the same attention to development parameters and long-term development goals as the current comprehensive plans (including special area plans developed for certain areas of Carmel) which have been developed for Carmel and Clay Township. The new Comprehensive Plan will include citizen input from Washington Township, and will ultimately respond to the long-term development potential of the annexation area, including provisions for infrastructure systems to support new development in the annexation area. It is expected that the effort to create the new Comprehensive Plan will begin within the first year after the effective date of the annexation, however, the final conclusion of the planning process will be heavily dependant upon the citizen input and consensus developed as part of the comprehensive planning process. The development of a new comprehensive plan for the annexation area exceeds the minimum statutory requirements for annexation and goes substantially beyond the historic provisions for extending planning and zoning services to an annexation area. DEVELOPMENT OF A NEW THOROUGHFARE PLAN During the discussions between Carmel officials and Westfield officials leading up to the proposed annexation action, Westfield officials related that the assumed overall development density for the annexation area was projected to be 3 units per acre. This development density is substantially higher than the overall development density in Carmel, which will be taken into account in the development of the new comprehensive plan (above). In addition to the new comprehensive plan, the City of Carmel also proposes to develop a new Thoroughfare Plan for the annexation area to help the City in identifying key issues and setting standards for thoroughfare improvements, including the following: City of Carmel: Annexation of a Portion of Southern Washington Township 14 projecting future traffic loads; determining the roadway widths needed to handle future traffic loads; setting standards for appropriate right of way dedication; determining auxiliary facilities, such as bike paths and greenways to accompany roadway corridors; identifying future roadway improvement projects; developing priorities for project construction; and setting developer requirements for roadway improvements needed as a result of developer's proposals, among other issues. This proposed Thoroughfare Plan will include a capital improvements plan for the roadways in the annexation area, which will then serve as the basis for future implementation of the capital services of the Street Department and the City Engineer's office. IMPACT OF THE WASHINGTON TOWNSHIP ANNEXA TION ON DOCS The above recommendations for extending planning services into Washington Township is estimated to cost $150,000-$200,000 during the first year after annexation, and continuing forward. This cost estimate is based on the projection of a nominal increase in DOCS staff during the first year after the effective date of the annexation, as well as the first year cost of consulting services for the new Washington Township Comprehensive Plan. Additional staffing for DOCS is projected to be 1-2 new people, beginning the year after the new comprehensive plan is approved (2006-7), at an estimated cost of $75,000 per employee. It is not possible to accurately predict the need for additional DOCS staffing after the new comprehensive plan is approved and the mount of work is more clear. It seems clear that the development ora new comprehensive plan will require the attention/supervision of the senior staff of DOCS. Once the new plan is complete and approved, it is projected that 1-2 new staff people will be required to manage the plan, review the development proposals for Washington Township, inspect new construction, and provide code enforcement in the annexation area. The projected cost of $150,000-$200,000 per year going forward assumes that the cost of consulting will be phased out as work on the new plan is completed, and the cost of permanent staff will replace the consulting cost. It is further projected that the City of Carmel would be receptive to employment interest from the development staff personnel of the Town of Westfield, assuming that institutional knowledge of the annexation area can be adjusted to reflect the increased development standards of Carmel. City of Carmel: Annexation of a Portion of Southern Washington Township POSSIBLE I.~V'OL VEMENT OF THE SCHOOL CORPORA TION IN DEVELOPMENT PLANNING It is noted that the property tax rate for the Westfi¢ld Washington School Corporation is a sensitive fiscal issue. As a general issue of development and municipal fiscal policy, it would appear prudent for the Carmel Plan Commission to hold discussions with the Westficld Washington School corporation regarding development policy for Washington Township. Similar discussions have been held informally with thc Carmel school officials over thc years. Historically, the Carmel Plan Commission has managed to achieve a blend of development which has kept the school tax rate at reasonable levels. It is possible that some of those development policies would serve the Westfield Washington School Corporation by increasing revenue streams to the school corporation without disproportionately increasing student enrolment and other demands on the schools. This possibility deserves to be carefully explored as the development of the area continues, and future development policies for the area should reflect an interest in helping the schools to achieve their goals. City Engineer's Office The City Engineer does not anticipate the need for additional staff as a result of this annexation. Further, the City Engineer's office indicates that service to the residents of the annexation area will commence on the effective date. Services of the Street Department The Street Department has studied the length and condition of roads in the annexation area. It has determined that there are an estimated 55-57 miles of roadway currently in the Washington Township annexation area, which represents an increase of 17% in road miles serviced by the Department. The Street Department analysis noted that the developed areas have roadways which meet the minimum standards of the City of Carmel and which will enable the city to assimilate the roadways serving existing development into the City's roadway network. The Street Department also noted that the undeveloped portions of the Washington Township annexation area have a high proportion of chip and seal surfaces. This condition is similar to the conditions of some of the undeveloped areas of Clay Township. As a result, the Street Department anticipates that these types of roadways will require greater non-capital service attention, at City of Carmel: Annexation of a Portion of Southern Washington Township 16 least until the new development in the area is sufficient to reconstruct the roadways, in accordance with the new Thoroughfare Plan (above). The Street Department has estimated the following expenses with regard to the extension of Street Department non-capital services into the annexation area in a manner that is equivalent in standard and scope to the services afforded the incorporated areas of the City. Estimate of Cost: Extending Carmel Street Department Services to Washington Township New Employees - Cost of Employees (Including fringe) Fuels, Tires, Oils Gravel, Sand, Bituminous, Paint Salt Paving, Striping Equipment Total of Costs 7 $361,347 $11,900 $6,000 $31,450 $312,000 $667,600 $1,390,297 The Street Department anticipates that the equipment required to serve the annexation area will be a combination of tandem axle trucks, single axle trucks, pick ups, tractors and street sweepers, and the mix of equipment will be determined based on specific needs determined during the first year. These estimates include only anticipated maintenance and non-capital services and do not include any capital road projects. New equipment will be ordered for delivery prior to 1 year after the effective date of the annexation, with anticipated staffing beginning in the 3rd - 4t~ quarter post-armexation, and reaching full staffing at the end of the first year after the effective date of the annexation, thereby meeting the standard and scope of statutory requirement of providing non-capital Street Department services within one year of the effective date of the annexation. CAPI rAZ SERVICES OF THE S rREE T D EPAR TMENT Capital Street Department services in the annexation area will be provided within three years of the effective date of armexation, as dictated by statute. It is likely that roadways will be improved in phases commensurate with the intensity of development, and in accordance with the provisions of the new Thoroughfare Plan. The City of Carmel currently imposes fees on developers for major road improvements, which will reduce the fiscal impact of such roadway improvements on municipal revenue streams. A similar system of developers' fees is to be extended to this annexation area. It is the current City of Carmel: Annexation of a Portion of Southern Washington Township .~ 7 policy of the City of Carmel that developers pay a significant share of the cost of expanding infrastructure to meet demands of new development. The development of a new thoroughfare plan will be undertaken in conjunction with the development of the new comprehensive plan for Washington Township, as discussed above. After the roadway projects have been identified and prioritized, the projects will be inserted into the overall list of thoroughfare projects and the projects will be implemented, through the planning, design, right-of-way acquisition and construction phases, as is common with other projects of the City of Carmel. Major road improvement projects will be identified and programmed within 3 years of the effective date of annexation, as required by IC36-4-3-13, but construction dates will depend upon cost, available funding and project priority. It is possible that the City of Carmel will also seek outside funding from state or federal programs for certain projects in the annexation area, as well as using development fees to offset some potion of the project costs. STREET LIGHTING The City of Carmel does not provide street lighting as a capital service of the City, as explained in the growth and annexation policies. Street lighting differs in design and location between developments, depending upon the target demographic of the development and the negotiations of the developer and plan commission for approval of the subdivision/development. As such, the provision of street lighting differs widely throughout the City, and homeowners' associations are responsible for the maintenance of street lighting in each subdivision. In cases where there is an unusual need for street lighting, the City's Board of Works is prepared to receive and consider requests for the installation of street lighting in certain areas. This practice is handled exclusively by the Board of Works, however, this street lighting service/request, as administered by the Board of Works, will be afforded to the annexation area one year after the effective date of the annexation in a manner equivalent in standard and scope to the services afforded other areas of the incorporated city. Extending Services of the Police Department The table below shows the staffing levels of the Carmel Police Department since 2001, with the 2004 staffing number as of April 14, 2004. The projected staffing for 2005 includes 4 new officers budgeted for hiring after June 30, 2004, and another 4 officers budgeted for hire after September 30, 2004. City of Carmel: Annexation of a Portion of Southern Washington Township 18 Carmel Police Department Staffing: 2001-2004 year Sworn officers civilian 2001 75 14 2002 77 14 2003 82 14 2004 (current) 92 15 The above table clearly shows that Cannel has established a pattern of expanding Police service which corresponds to the growth of the community, with the addition of 10 new officers since 2003. IC36-4-3-13 identifies Police service as a non-capital municipal service. EXTENDING POLICE SERVICE TO WASHINGTON TOWNSHIP If the Washington Township area is annexed into the City of Carmel, it is projected that the Pulice Department would add approximately 6-7 new officers in 2006, including road patrols and possibly a crime investigator. Historically, the department has been able to increase operating efficiencies in the civilian staff to compensate for growth in the City, and these increases in efficiency are projected to continue, as shown. The table below provides a detailed breakdown of the estimated cost of extending police service to Washington Township. Estimated Cost of Extending Police Service to Washington Township units unit cost Est. cost of service min max min max rain max personnel & 6 7 $90,000 $100,000 $540,000 $700,000 equipment automobiles 6 7 $18,000 $20,000 $108,000 $140,000 auto eqpt. 6 7 $15,000 $18,000 $90,000 $126,000 operating exp. 6 7 $2,250 $3,000 $13,500 $21,000 Est. Total Cost $125,250 $141,000 $751,500 $987,000 The Police Department would anticipate initiating police patrols in the annexation area one year after the effective date of the annexation (February, 2006). The Carmel Police Department has an excellent working relationship City of Carmel: Annexation of a Portion of Southern Washington Township 19 with the County Sheriff, and the County Sheriffwould continue patrolling the area until the transition is made to City responsibility. The projected costs for automobiles is annualized through a leasing program which enables the City to lease police cars in a fully equipped condition, thereby reducing the fiscal strain associated with large cash purchases. Extending Services of the Fire Department The Carmel/Clay Fire Department has constructed, equipped and staffed a new station at 136th & Spring Mill Road, one mile south of the annexation area. In addition, another new station is being planned at 131st and Shelborue Road to serve western Clay Township and southern Washington Township as development in the area intensifies. This planned fire station is currently located 1.5 miles south of the annexation area, and further supplements an existing fire station located at 106th & Shelborne, approximately 2.5 miles south of the proposed station at 13Vt & Shelborne. The fire station at 131st & Shelborne is projected to be built within the next %4 years. The Fire Department has assured the City that these two fire stations can respond to fires in the annexation area within the standard time. Inasmuch as the developed portions of the annexation area are located within a mile of the existing fire station at 136th & Spring Mill, the Fire Department indicates that fire service can be extended to the annexation area within one year of the effective date of annexation in a manner equivalent in standard and scope to the fire protection service afforded to the incorporated city. In the interim between the effective date of the annexation and one year after the effective date of the annexation (when Carmel municipal fire protection will commence, per IC36-4-3-13), the Carmel Fire Department will respond as mutual aid respondents to fires in the annexation area. The City of Carmel has also indicated that it is willing to afford hiring preference to any firefighter displaced as a result of this annexation action, within the limits of state and federal employment laws. Services of the Water Utility The City of Carmel hereby states its intent to provide municipal services to the residents of the annexation area in accordance with IC36-4-3. Furthermore, City of Carmel: Annexation of a Portion of Southern Washington Township 20 the City of Cannel hereby states the following as matters of primary policy with regard to extending municipal services to the annexation area: That residents of the annexation area be protected from inappropriate increases in water user rates. That residents of the annexation area be assured of the supply and quality of water. That residents of the annexation area be treated fairly and equitably with respect to water utility service. These basic policy positions deliberately do not address who supplies the water to the annexation area, so long as it is supplied in adequate amounts, at adequate pressures, of sufficient quality, and at a fair price. While it would be a long-term financial benefit to Carmel Utilities to provide service to residents of the annexation area, the City of Carmel's primary interest is in developing alternatives which provide the best possible service to residents of the annexation area at the lowest possible cost. In pursuit of these policy goals, Carmel is prepared to enter into an inter-local agreement with the Town of Westfield relative to providing water service to the annexation area so long as the inter-local agreement addresses these primary concerns cited above and assures fair and equitable service to the residents of the annexation area. State law provides detailed guidance for the development of such inter-local agreements (see IC36-1-3-9). The City of Carmel considers the development of an inter-local agreement which protects the interests of the annexation area residents while allowing Westfield to continue serving the annexation area as being the alternative which provides the taxpayers and ratepayers with the greatest value for their money. In addition, the development of such an inter-local agreement between Carmel and Westfield should help to avert the financial crisis (publicly predicted by West field officials) by allowing Wesffield to retain water revenues from the annexation area. Carmel does not seek to cause the financial rain of Westfield in this undertaking, despite the fact that Carmel Utilities would benefit from adding new customers. Developing Common Sense Solutions We have found no statute in the code which bars municipalities from identifying common sense solutions to difficult and complex problems. We note that IC36-1-3-9 provides for the development of inter-local cooperation agreements between municipalities. We also note that many municipalities have no municipal utility service, and others provide utility service through private City of Carmel: Annexation of a Portion of Southern Washington Township 21 utilities, or through services provided by adjacent municipalities. Our conclusion from the presence of these factors is that there is no barrier to the development of common sense solutions between municipalities. Carmel does not seek to induce fiscal harm to Westfield, or any of its agencies. Consequently, although the City of Carmel could provide utility services in the annexation area, Carmel is prepared to consider alternatives that make sense to the residents of the area, above the interests of the individual municipalities. The success of this strategy will depend largely upon the actions and reactions of the Westfield authorities. In this case, "common sense" suggests that the most viable method for providing water utility services would be through the development of an inter- local agreement between Cannel and Westfield, IC36-1-3-9. Non Capital Services of the Water UNity The developed portions of the annexation area are already be receiving municipal water services equivalent to those received in Carmel. In fact, the private utility which originally served the developed portions of the annexation area also served the northern portions of Carmel until the private utility was purchased by Westfield and Carmel (with 146t~ Street being the dividing line). INCORPORATION OF THE WESrFIE£D W~t rER PLAN It is noted that the Town of Westfield has developed a plan for serving the undeveloped portions of the annexation area. The Westfield Water Plan has been preliminarily reviewed by Carmel Utilities and it was found that the plan appears to meet the basic needs of Carmel Utilities, with one exception. It is possible that the major water mains planned for the annexation area may be slightly undersized when water usage parameters of Carmel Utilities are applied. This is not generally a major issue, and is believed to be rather easily incorporated into any adjustment to the long term plan for development of the water system. Outside of the issue of water main and facility sizing, the only other non-capital issue related to the water utility will be to change the location of water sources from Westfield sources to Carmel sources. This adjustment can be rather easily made by bringing major Carmel Water mains to 146th Street (which is already largely in place) in preparation for future connection to the Carmel water system. Some of these adjustments are already underway by Carmel Utilities. City of Carmel: Annexation of a Portion of Southern Washington Township 22 PLAN OF DELIVERY OF NON-CAPITAL WATER SERVICES It is the intent of the city of Carmel to perform the following tasks in order to assure residents of the annexation area that non-capital services of the water utility will be delivered within one year of the effective date of the annexation (assuming that no inter-local agreement is reached): 2. 3. 4. Incorporate the existing Westfield Water Plan into the overall long term plan of Carmel Utilities immediately upon the effective date of annexation. Review the existing Westfield Water Plan, including sizing of all water mains and proposed facilities, during the first year after the effective date of annexation. Formalize any necessary adjustments to the water plan within the first year after the effective date of annexation (and in conjunction with the development of the new comprehensive plan for the area). Within one year of the effective date of annexation, Carmel Utilities to develop a p/an for bringing major water mains to 146th Street. These non-capital services will be provided by existing staff of the Carmel Utilities, and design will be incorporated into existing projects. Capital Services of the Water UNity The following provisions regarding capital services of the water utility are based on the assumption that no inter-local Capital services of the water utility are to be provided to the annexed territory within three years of the effective date of the annexation in the same manner as those services are provided to areas within the City of Carmel. These capital services will include preliminary engineering design of the network of major water mains, as well as final design of any major water main extensions necessary to make the water system accessible to the annexation area. The issue of water utility service must be viewed and explained very carefully in this fiscal plan because there is a clear, statutory separation between the issues of water service as they relate to annexation statutes (IC36-4-3) and other legal, engineering and service issues, outside of the requirements of the annexation statute. The primary purpose of this fiscal plan is to address the issues of water utility service as they relate to annexation and compliance with IC36-4-3, and these issues will be highlighted. DEVELOPED PORTIONS OF THE ANNEXA TION AREA ALREADY RECEIVE WA TERSER VICE The developed portions of the annexation area already receive water service which is equivalent to the service received in the portion of the Carmel water system which was originally served by Hanfilton Western Utilities. As such, the City of Carmel: Annexation of a Portion of Southern Washington Township 23 water service afforded to the developed portions of the annexation area already meet the statutory requirements of IC36-4-3-13. UNDEVELOPED PORTIONS OF THE /INNEXATIONARFM CAN RECEIVE WA TERSER VICE Under the policies of the City of Carmel, water main extensions into unserved areas can be provided to any property owner, with the property owner paying for the cost of said extensions. This policy is actively employed by the City of Carmel throughout the incorporated city, and will be extended to the auncxation area within 3 years of the effective date of annexation in the same manner as is currently provided in the corporate limits of Carmel, thus meeting thc requirements of IC36-4-3 - 13. This provision of extending water service tO areas requiring such service is similar to the current provisions for service extension afforded by the Town of Westfield. PREFERRED AL TERNA TIVE: DEVELOP INTER-LOCAL COOPERATION d GREEMENT West. field and the residents of the annexation area will benefit from the development of an inter-local cooperation agreement under IC36-I-3-9, for the purpose of clarifying water utility service issues in the annexation area. This alternative has the greatest likelihood of delivering the best possible service to the residents of the area at the lowest possible cost. Such an agreement helps to assure good government to the residents of the annexation area. Despite the fact that such considerations are generally outside of the scope of thc annexation statute, the general public must believe that our government and its court system is smart enough to understand that the entire community benefits when resources are used to their optimum benefit of the public, without concern to who provides those services. Such an agreement could take several forms, possibly making Carmel a wholesale water customer of the Town of Westfield within the annexation area, or possibly continuing the current retail customer relationship between Westfield and the residents of the annexation area. The details of such a negotiated contract cannot be predicted, except insofar as Carmel will insist that the agreement must meet the three basic principles set forth under "Services of the Water Utility" (above). It is also in Westfield's best interests to develop an inter-local agreement with regard to water (and sewer) service. Testimony from Westfield's elected and City of Carmel: Annexation of a Portion of Southern Washington Township 24 appointed officials has clearly stated that Westfield's finances depend upon future revenues from the annexation area, and that the loss of future revenue from this annexation could possibly bankrupt the Town. Therefore, and to the extent that such revenues are reasonable and fair to the residents of the annexation area, and if an inter-local agreement can guarantee that residents of the annexation area receive high-quality water service, equivalent to the service afforded by Carmel Utilities, at fair and competitive rates, then the source of the water becomes irrelevant. It is common for municipalities to buy and sell utility capacity amongst themselves, based on the economics of the marketplace. Therefore, it is believed to be a valid alternative to purchase water capacity and service under contract with the Town of Westfield. Services of the Sewer Utility The City of Carmel and the Clay Regional Waste District have cooperated to provide sewer service to Clay Township for many years. In recent years, the two utilities have continued to recognize potential benefits in combining their interests and those discussions are continuing. The potential for extending sewer service into the Washington Township annexation area poses no serious problem to the City of Carmel. There are multiple methods for addressing the extension of sewer utility services. Current Configuration of Sewer Service The current configuration of sewer service clearly shows that the sewer utilities are inter-dependent and intertwined, as follows: Westfield currently purchases approximately 1 million gallons per day (MGD) of sewage treatment from the City of Carmel. Westfield also has an under-utilized sewage treatment facility located west of Little Eagle Creek which has approximately 1MGD of capacity (this facility was designed to serve new development in the annexation area and appears to be a highly teveraged investment.) Westfield has publicly indicated that it would proceed with an expansion of the new WWTP, despite questions re: financing and service territory. Both Carmel and Westfield purchased a portion of the assets of the Hamilton Western Utilities (a private utility serving customers near 146th Street) in recent years. The City of Carmel has a sewage treatment plant (STP) located at 96t~ Street which discharges to the White River. The Carmel STP currently treats sewage from the customers of Carmel, Westfield and the Clay Regional Waste District. Clay Regional Waste District also owns a WWTP designed to treat sewage from new development, which can be expanded to over 20MGD, located on the far southwest side of their service area. City of Carmel: Annexation of a Portion of Southern Washington Township 25 Each of the three existing utility entities (Carmel, Westfield and Clay Regional Waste District) own collection sewers and intemeptors and serve their own customers. Sewer service can easily be extended to the annexation area through new interceptor or lift station construction. The existence of multiple sewer utilities creates an environment conducive to expressions of self-interest and potential conflict between those separate interests. Each of these utilities has directors, executives and employees who are likely to retain personal perspectives related to decisions made about services and territories. The most important single consideration with regard to the provision of sewer utility service is that the three utilities already have intertwined services. Therefore, if Westfield were to attempt to implement some policy which would be unfair or discriminatory to customers in the annexation area, Carmel has a clear platform to retaliate, thus making such negative exercises unproductive. We believe that the presence of an environment of "mutually assured damages" is a viable platform for encouraging the development of long-term consensus. Carmel must focus on alternatives which benefit the residents of the annexation area, as residents of the City of Carmel. Therefore, this Fiscal Plan has invested itself in finding the most effective means of assuring the residents of the annexation area that the best possible service is provided at the lowest possible cost. The most important issue is providing fair and equitable service and user fees to the residents of the annexation area. This is likely to require the development of new and creative alternatives between these organizational interests. Westfield's Fears of Bankruptcy Are Noted Westfield officials have stated publicly that, if Carmel annexes this territory, their utilities would go bankrupt unless there are huge increases in sewer rates. These statements were made loudly and in a public effort to force Cannel to halt its interest in this annexation, therefore, such comments must be addressed. Cannel does not desire the financial ruin of Westfield. At the same time, it is unfair to expect one group of residents to subsidize services to another group. While the finances of Westfield's utilities have not been analyzed, this Fiscal Plan duly notes that the statements of Westfield's leadership have been heard and alternatives have been developed to allow Westfield to continue to provide sewer service to the annexation area, with assurances that the customers in the annexation area are treated fairly. City of Carmel: Annexation of a Portion of Southern Washington Township 26 Preferred Altemative: Inter-Local Cooperation Agreement The City of Carmel hereby formally states that the most effective alternatives for providing capital and non-capital sewer services to the annexation area is through the development of an inter-local cooperation agreement under IC36- 1-3 -9. Carmel's basic position is neutral on the issue of who supplies sewer service to the annexation area, so long as it is supplied in adequate amounts, of sufficient quality, and at a fair price. While it would be a long-term financial benefit to Carmel Utilities to provide service to residents of the annexation area, the City of Carmel's primary interest is in developing alternatives which provide the best possible service to residents of the annexation area at the lowest possible cost. In pursuit of these policy goals, Carmel is prepared to enter into an inter- local agreement with the Town of Westfield relative to providing sewer service to the annexation area so long as the inter-local agreement addresses these primary concerns and assures fair and equitable service to the residents of the annexation area. Such an inter-local cooperation agreement would logically contain several key provisions, as follows: That residents of the annexation area receive high-quality sewer service and sewer user rates that are fair and equitable; Existing hardware remains in place, thereby minimizing capital costs while simultaneously optimizing the efficient use of existing capital facilities and resources; Customers in the annexation area receive protection related to user rates with minimal interruption of their normal routines; Westfield retains this portion of its existing and future revenues, thereby minimizing fiscal impact of the annexation on Westfield's utility revenue stream. Future parameters of the agreement would provide Carmel with the option of re-directing sewage flows in the growth area to whichever plant has available capacity and is capable of treating the sewage at the lowest cost. Wes~eld provide an annual review of its rates and services at Westfield's expense to assure that Carmel's residents are being treated fairly. (This can be woven into other regulatory reporting in order to minimize costs.) An inter-local agreement is the best alternative from the standpoint of utilization of existing resources and preservation of ratepayers equity, as well as City of Carmel: Annexation of a Portion of Southern Washington Township 2 7 considering the impacts on Westfield. A successful agreement requires that both parties (Cannel and Westfield) deal with each other equitably. However, this alternative does not factor in the impact of personalities and personal interests. IC36-1-3-9 specifically states that Westfield must have Carmel's permission to provide services within the corporate limits of Carmel. If Carmel and Westfield cannot reach a negotiated solution in such a matter, IC36-1-3-9 stipulates that the matter will be decided by the courts. Alternative #2: Separate Westfield & Carmel Sewer Systems The basic parameters of this alternative are as follows: Westfield is currently consuming approximately 1MGD of waste treatment from the City of Carmel. Wesffield could'be asked to remove all flows originating from the Town of Westfield from the Carmel system and to re- direct those flows to Westfield's treatment plant. Carmel would re-direct any flows from the annexation area to Westfield's plant to either the Carmel system or the Clay Regional system. Carmel would make provisions to directly bill customers in the annexation area. Carmel would extend sewer services to the undeveloped portions of the annexation as those areas are developed, using either current service extension policies of the City of Carmel, or developer agreements (where developers pay for installation of sewers to their development). Carmel's working relationship with Clay Regional Waste enables new development to be served by either the Carmel VVWTP or by the Clay Regional WVVTP, whichever system can provide the service most effectively. This alternative requires greater investment of capital funds into reconfiguration of sewage collection and distribution fac_ilities, however, when this initial capital investment in separating the two utilities is complete, the two utilities would be completely separate and would no longer be required to work together. Given the current propensity for niggling, this alternative could have some appeal. Under this alternative, Westfield would save some money because they would no longer pay Cannel for sewage treatment. In addition, Westfield would use the unutilized capacity existing at its current WWTP. By removing sewage flows from the Carmel system, Carmel frees its treatment capacity to serve its own growth, and Carmel can then extend services to new City of Carmel: Annexation of a Portion of Southern Washington Township 28 development and direct those sewage flows to either Carmel or to the Clay Regional WWTP. This alternative has its benefits and appears to be a straightforward means of providing sewer service to the annexation area, while permanently separating the sewer utility interests of the two municipalities. The only question is whether it is necessary to expend capital dollars to separate the sewage systems when a legal agreement regarding rates would accomplish essentially the same task. Conclusions Wabash Scientific, inc., believes that common sense must ultimately prevail and that people in leadership positions can be persuaded to do the right thing. The fiscal plan, hereby formally states that an inter-local agreement (see IC36-1-3- 9) which optimizes the use of existing facilities and investment, while assuring that the ratepayers of the annexation area are treated fairly and equitably, appears to be the preferred alternative. Capital Services of the Sewer Utility Capital services of the sewer utility are to be provided to the annexed territory within three years of the effective date of the annexation in the same manner as those services are provided to areas within the City of Carmel. The issue of sewer utility service must be viewed and explained very carefully in this fiscal plan because there is a clear, statutory separation between the issues of sewer service as they relate to annexation statutes (IC36-4-3) and other legal, engineering and service issues, outside of the requirements of the annexation statute. The primary purpose of this fiscal plan is to address the issues of sewer utility service as they relate to annexation and compliance with IC36-4-3, and these issues will be highlighted. However, in the interest of open and honest public discourse, this fiscal plan will also attempt to summarize certain other key issues related to sewer utility service. Drainage Services The City of Cannel does not provide drainage services as has been defined by some entities. The County retains a board with authority to address drainage issues and which also possesses the authority to levy an ad valorem tax to pay for drainage improvements. The City has no comparable board or authority, and does not therefore, offer drainage services. City of Carmel: Annexation of a Portion of Southern Washington Township 29 However, the City does address drainage as a development standard by requiring new development to provide stormwater retention facilities which are designed to retain stormwater runoff generated on the development site so as not to exacerbate drainage or flooding problents on downstream properties. These stormwater retention facilities are then maintained by the property owners association, and are not the responsibility of the City. By requiring each development to address its own drainage issue, the incidence of flooding and other drainage problems has been substantially controlled or mitigated by the City of Carmel in those locations where Cannel development standards .have been applied. Fiscal Impact Projections The fiscal impact projections provided with this Fiscal Plan narrative was prepared by a third party certified public accountant approved by the City and is not a product of Wabash Scientific, inc.. Wabash Scientific, inc., is no way approves, supports, underwrites nor assumes any responsibility for any product that is not its own. City of Carmel: Annexation of a Portion of Southern Washington Township 3O ~ o00 1.161,967 1.311.417 1.576,755 164,413 171,976 241,389 290,743 275.530 324,008 32.613 34,113 138.187 1.649,736 1.793.038 2,280,339 0 0 0 0 0 0 0 0 0 0 0 0 0 0 145.200 0 0 0 0 0 0 0 0 0 0 0 87.632 96.966 0 0 1.258.110 1,315,983 1,376.518 0 0 95.848 119,408 145.927 Page4of4 Pa~k$ 700,000 732,20D 765,8~2 140,000 146,440 153,176 126,000 131,7~6 137,858 0 0 0 0 0 0 0 0 0 0 0 0 0 0 205,010 61,503 41,002 102,505 410,019 0 0 410.019 P~ge 3of4 $0 $0 $5,967 $6,241 $6,529 4~3 432 452 21,698 22,696 23,740 413 432 452 28,491 29,801 31,173 0 0 0 0 0 0 28~491 29r801 3t~173 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1,650 0 101,045 75,455 75,455 0 0 0 0 O 0 101,045 77,106 71455 0 O 0 0 0 0 101,045 77r106 7~455 90,000 94,140 98,471 2,000 2,092 2,188 0 0 0 0 0 0 92,000 96,232 100,659 0 0 0 0 0 0 REVENUES: Generai Fund: TOTAL REV~I~¥ES $0 $0 $1,176,455 3,616 127,436 (273) 0 1,307,235 0 0 190,790 179,889 0 0 748,548 153,004 157.594 0 0 1,602 1,650 1.700 0 0 150~150 1541654 159,294 0 0 2,345 2,416 2,488' 0 0 7,476 7,700 7,931 0 0 3,618 3,726 3,838 0 0 0 0 0 0 0 13~439 13~842 14,257 0 0 18,713 19,275 19,8,,c3 0 0 6,gg8 7,208 7,424 0 0 6.199 6,385 6,576 0 0 0 87,632 96.966 0 0 0 164,362 169,971 $0 $0 $3,188,039 $5,340,505 $5,949,390