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Menands adopts local law authorizing tax-cap override; board says levy not expected to exceed cap
Summary
The Menands Village Board adopted Local Law No. 2 (2025), authorizing the village to levy property taxes in excess of the 2% state cap under New York GML §97(3)(c). Officials said the village does not expect to exceed the cap this year; the law is a protection in case numbers change before the budget is finalized.
The Menands Village Board on March 17 adopted Local Law No. 2 of 2025, a preauthorization that allows the village to levy property taxes in excess of the 2% state tax cap established under New York State General Municipal Law §97(3)(c). The board passed the resolution (read at the meeting as resolution 2250174) after a short public hearing and brief public comments.
Village Clerk Don Handerhand told the meeting the authorization is a routine protection and does not mean the village will exceed the cap this year. “It doesn’t necessarily mean that we exceed the tax cap this year. We are not exceeding the tax cap. Our levy is actually decreasing due to some PILOTs that came on,” Handerhand said. He added the local law “does not need to be rescinded. It cancels automatically once the budget is accepted and approved.”
At least one resident spoke in opposition to preauthorizing an override. “I’m still opposed here to exceed the 2% state tax cap,” the resident said, citing concern about higher taxes. A second attendee said they understood the village’s numbers but reiterated their general opposition to broad authority to exceed the cap.
The adopted law gives the village the ability to adjust the levy above the statutory cap if budget circumstances change before final adoption; it is not itself a tax increase. The board set no immediate levy change at the meeting and proceeded to other business after closing the public hearing.
