Thomas S. Richards City Hall Room 308A, 30 Church Street Rochester, New York 14614-1290 www.cityofrochester.

gov
Mayor

December 4, 2013

Maggie Brooks, Monroe County Executive Monroe County Office Building 39 W. Main St. Rochester, NY 14614

Dear County Executive Brooks: The 2014 Proposed County Budget imposes several new or enhanced service charges on the City of Rochester that would negatively impact the Citys 2014-15 budget and subsequent budgets by $2.5 million annually. Specifically, the County has doubled the fee for housing unarraigned prisoners ($1 million to $2.1 million) and added a new chargeback of $690,000 for the upkeep of traffic devices. This charge alone, implemented for a full City fiscal year totals $1.4 million. It is the Citys position that these additional charges cannot be applied. The Countys actions are governed by long-standing inter-municipal agreements between the City and the County that simply cannot be ignored. The larger point is the increasing view of the City as a entity separate and apart from Monroe County. The stated goal in the Countys proposed budget is to maintain the County property tax rate at or below 2004 levels. By adding and increasing the chargeback amounts for already contracted and agreed-to services being provided to city residents, the Countyin effectis raising taxes on city residents and businesses, the Monroe County taxpayers least able to afford this additional tax burden. I want to underscore these city residents and businesses are also county residents and businesses. Furthermore, city residents and businesses not only pay full county taxes, they also pay the highest percentage of Monroe County-imposed service charges over and above of their county tax burden. The effects of these actions would be to shift an annual amount of approximately $2.5 million from the county taxpayers to the city taxpayers, an amount that would equal an approximately 1.5% increase in City property taxes (and also use up most of the authorized 2% tax cap increase). Adjusting for the $119.1 million the City is mandated to pay the Rochester City School District, this is an equivalent of a 5.2% increase in taxes for City operations. Such unilateral changes cannot be justified in light of the existing agreements, the long established public policy reflected in those agreements and the unfair and discriminatory impact on city taxpayers. The City and the County cooperate in many different areas and we are hopeful that this cooperation can continue without such changes. The first proposed change is to double the charge to the City for the housing of unarraigned prisoners at the County Jail from $1 million to $2.1 million annually. This action is taken despite the fact that the City and the County have an inter-municipal agreement for this purpose which will be in its second renewal year in 2014, at the $1 million charge. This agreement has a oneyear termination clause which has not been the subject of any notice from the County. The County Legislature has approved the renewal of this agreement for the amount of $1 million in Resolution No. 262 of 2012. The City clearly has been correct to rely on the continuation of these services at the agreed upon amount for 2014.
Phone: 585.428.7045 Fax: 585.428.6059 TTY: 585.428.6054 EEO/ADA Employer

The second proposed change is to begin charging the City for traffic engineering, traffic signal and traffic sign services at an annual amount of approximately $1.4 million. Again, this change is made unilaterally without notice to the City and despite the fact that there is an agreement and a long history relating to this subject. The City provided these services on City streets until 1971. At that time, the City and the County agreed that the County would assume these duties. By Resolution No. 269 of 1971, the County created its own Bureau of Traffic Engineering to be responsible for all phases of traffic engineering and transportation planning in the County of Monroe, the City of Rochester, and all of the Towns and Villages within the County. The City agreed to this change by Ordinance No. 1971-363 and discontinued its traffic engineering services in reliance on the County action. The County and the City entered into an agreement dated July 1, 1971 in which the County indemnified the City for such services. This agreement remains in effect. The County Charter, in Section C6-19B (1) and (3), also provides that these services in the County are the responsibility of the County Department of Transportation. The inequity of this new charge on the City is highlighted by the fact that the County provides most of these services free of charge to the towns and villages in the County, because the affected highways are County highways outside of the city. For example, a portion of Winton Road is in the city, and the City is already responsible for its maintenance and reconstruction, and will now be charged for its signs and signals under this proposal. However, the portions of the same Winton Road as it crosses from the city into the Towns of Brighton and Irondequoit are a County road for which the County is responsible for all costs of maintenance, reconstruction, signs and signals. While the County does reimburse the City for some of the maintenance and reconstruction costs relating to these highways under a separate agreement, the reimbursement is far less than the actual City costs. There are 95 miles of city streets that are really extensions of county highways or state highways. The Financial Strategies section of the Countys Proposed Budget cites aggressive efforts to reduce costs and raise revenues outside the county tax base. Also underscored is collaboration with other governments in and outside of Monroe County is critical to the success of these efforts. Both the unannounced doubling of unarraigned prisoner costs and the sudden chargeback of services that were agreed to be covered by the County is neither collaborative nor raising revenues outside the Countys tax base. The Citys tax base is also the Countys tax base and these actions amount to a tax increase on County taxpayers, but only those who live in the city.

Sincerely,

Thomas S. Richards, Mayor Jeff Adair President, Monroe County Legislature Carrie Andrews - Minority Leader, Monroe County Legislature Dick Yolevich Chair, Ways and Means Committee, Monroe County Legislature Paul Haney RMM of Ways and Means Committee, Monroe County Legislature Lovely A. Warren Mayor-elect, City of Rochester Dana Miller Acting President, Rochester City Council Enc: Highway, jail and 911 agreements and related documents

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