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Buffalo City Councilmembers spar over Mayor Brown's tax cap override before budget plan released

Some council members warn that significant tax hikes are possible.

BUFFALO, N.Y. — Political battle lines may be drawn in the upcoming City of Buffalo budget debate following Tuesday afternoon's Council meeting.  Some council members balked at approving Mayor Byron Brown's request to exceed the tax cap, which means that taxes and fees for residents will likely increase once again.  

It was eventually a 6-3 roll call City Council vote to approve Mayor Brown's request to override the usual two percent tax cap limit for a potentially higher tax hike in his budget plan.

There was some sparring beforehand with comments directed at Council President Chris Scanlon.  Councilman Rasheed N.C. Wyatt of the University District was especially outspoken about the previous attempt at what he felt was too quick approval by council leaders. 

"Nice move, nice move," Wyatt said. "I guess you got what you wanted. And you can smile about it because you think it's funny. It's not funny. Because last year when we increased taxes and user fees and sewer people were hurting. And this year we hear we may be going up to eight percent - it's gonna hurt more." 

Wyatt at one point got up to leave the meeting as a sign of protest and then returned for his request of the roll call. 

Council President Scanlon respond to that gesture, saying: "Get your say in and then leave.  Real mature."

Then Councilman David Rivera of the Niagara District followed up.  "Council in the past has put the Administration on notice - you can't give us something at the 11th hour and then seek immediate passage and we're gonna go along with it. It's irresponsible on our part."

The third no vote came from Councilman Joseph Golombek Jr. of the North District who said, "This is something the Administration has probably known for months if not weeks. If I was to vote yes today, does that mean that I'm giving them caret blanche to go up 20 percent, 18 percent? I mean the rumor is nine percent. If I knew what the budget looked like right now. If I knew that there were cuts that were made. If I knew that there were no additions that were added to this, I would be more amenable to consider a yes vote.  But without knowing that, I don't feel in good conscience that I can vote yes. So I'm a no vote." 

Council President Scanlon then responded in this way : "If you don't want to answer calls, texts, e-mails, things of that nature and take part in government, you're not gonna come down here and criticize me for it."

Council Majority Leader Leah Halton Pope said : "If we need to pass a law to increase the property tax cap we needed a local law change. And so that concerns me. However this is not the end of it. There is a public hearing that is not on the common council but rather the administration. And so the administration the next step after passing this has to hold a public hearing where the city of Buffalo (residents) has the opportunity to ask him directly what are you - why do you need to do an increase over the current cap."  

Mayor Brown's spokesman says the city could not finalize its budget plan until its state funding amount came in with late state budget passage in Albany. And the override message refers to city revenue losses during the pandemic and inflation linked spending increases.  

Whatever the Mayor's actual plan or potential tax hikes, it again comes on top of last year's property tax and user fee increases with warnings it will be a very difficult discussion this year. 

Finance Committee Chairman Mitch Nowakowski has previously stated that the City's Finance Commissioner had warned that a drop-off in revenue was not able to compensate for city costs which kept going up during and after the COVID epidemic. 

On Tuesday he said, "To be actively participating in negotiations and if the mayor proposes a 20 percent tax increase we need to work to oppose and bring it down."

2 On Your Side then directly asked Council President Scanlon: "Isn't this just a signal now that residents in the city of Buffalo can expect to pay much more in taxes."

Scanlon replied: "Well I think we have to pay for services first and foremost. And I would say that our tax rate here in the city of Buffalo is substantially lower than anywhere else in the area and of any city across the state. 

Scanlon then said, "I agree, which is why last year I filed something to increase the exemption levels for people. "

Again, Mayor Byron Brown's Buffalo budget plan will be released Wednesday afternoon in a special Council session with a soon to be scheduled public budget hearing. 

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