The Dunkirk City Common Council this week did not approve an override of the state tax cap imposed because it did not first schedule a public hearing.

The city needs a local law to override the limit. A new law requires a public hearing before it is approved, but the council never scheduled one.

City Attorney Elliott Raimondo pointed out immediately after the council attempted to vote unanimously to approve the limit. “Then we will set a date for a public hearing, make it known and move forward with that understanding. Thanks for the clarification.” responded At-Large Councilman Nick Weiser.

Weiser admitted on Wednesday, “It was a mistake on my part.” This is his first budget process as an elected official.

Weiser said he received “conflicting information” about whether a hearing is necessary.

He said the hearing will likely be scheduled for the night of the next council meeting on Nov. 19, and the vote will take place later during the meeting.

During Tuesday’s meeting, Councilwoman Nancy Nichols asked City Attorney Elliott Raimondo to explain the tax cap law. Waving a copy of the council’s resolution to overturn the cap, he said: “It would be very difficult, even if we handed this out, how anyone would know what it means unless Elliott could explain it.”

“In 2012, New York State established a tax cap by which taxes could increase by only 2% or the rate of inflation, whichever is lower, to try to control rising taxes on property in municipalities throughout the state. Raimundo said. “The only way to exceed that tax limit, if there is a budget proposal above that, is to adopt local law pursuant to General Municipal Law 3-c that exceeds the tax limit, and could possibly (go) to ( the state). ) constitutional limit of the tax.”

Raimomdo noted that the state constitutional tax limit is 2% of the city’s average final assessment assessed over the last five years. The tax limit is found in Article VIII, Section 10 of the state constitution.