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tc_court120hNow that the long-discussed New York State property tax cap has become reality, County officials are focusing on specifics and working to determine the actual magnitude of the cap and to clarify the real impact of any “mandate relief” that could be enacted.  County Administrator Joe Mareane told Legislators that, although the State has enacted a 2% tax cap with adjustments for real growth in tax base and some of the increase in pension cost, much about that remains vague—especially concerning pensions and whether counties can expect any mandate relief at all.

Although County officials are still working to clarify specifics, Mareane said the general concept concerning pensions is that if the County’s pension contribution rate grows by more than 2%, that excess amount is added to the cap, something that could add as much as 2% to the cap for Tompkins County.

The measure’s reference to mandate relief, he cautioned, includes “nothing of consequence to counties, where mandates amount to bills from Albany to pay for State programs.  And while the State’s new Mandate Relief Council is empowered to identify and review mandates that are unsound, unduly burdensome, or costly, he said the legislation prohibits Council consideration of virtually any major mandates for counties—including those required to comply with federal laws or rules or to meet eligibility standards for federal entitlements (Medicaid); those implementing provisions of the State constitution (safety net); or those the Council determines necessary to maintain public health or safety for state residents.

The administrator said a letter is being drafted to the County’s state legislative delegation asking to clarify how the provisions of the legislation would apply.  Chair Martha Robertson said the County needs to invite Senators O’Mara, Nozzolio, and Seward to come here to address the cap, the restrictions on mandate relief, and what that means for the County.

Legislator Pam Mackesey remarked that the cap and its lack of any attention to mandate relief leaves her “dumbfounded” and asked “who are the winners” in it?” Chair Robertson observed that people who will lose services, many of whom don’t have a voice, are the losers; the winners, she said, are “the millionaires who have received a tax break” as part of the State budget.

Discussion turned to the proper timetable, should the Legislature choose to keep its options open concerning possible override of the cap, which would be come through passage of a local law which must be approved by a 60% margin (nine Legislators).  Legislator Mike Lane maintained the Legislature should consider the matter early on, to make sure the issue is decided well in advance of action on the 2012 budget.

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