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The Niagara Falls City Council met chaotically Wednesday as Donta Myles tried and failed to amend the agenda with a trio of walk-on resolutions.
Myles sought $4.5 million in funding for Beech Avenue Park, a facility long-proposed and never built on former industrial property in the north end.
Arlene Jackson Doss spoke during the good of the community portion of the meeting representing Niagara United Vision and calling the council and administration to task for prioritizing Greenway Funds as well as American Rescue Plan funds for things other than a public park and community center. Doss was perhaps the most eloquent and informed speaker to speak in the council chambers Wednesday.
Myles also sought removal of Chairperson James Perry from his role and for the council to retain outside counsel to augment the services of Deputy Corporation Counsel Thomas DeBoy. He read all 3 resolutions into the record but each failed to be added to the agenda. The Beech Avenue park resolution received a 2nd from Brian Archie but died in a 2-2 vote with Traci Bax absent.
DeBoy has attempted to fill the vacuum of the vacant executive branch in city council meetings, answering questions about mundane items like plumbing repairs at City Hall, vehicle purchases financed through the American Rescue Plan, and the condition of and what will become of the vehicles being replaced. He also has served as parliamentarian. After meetings, he mops the floors, empties garbage cans and sleeps in his office (please note: Sarcasm.)
In Wednesday’s meeting, Myles squabbled with DeBoy over the proposed agenda items.
31 months into his 48-month term, the well-intentioned Myles still doesn’t understand how to add an item to the agenda.
Myles submitted the resolutions to DeBoy for inclusion on the agenda last Wednesday. DeBoy was traveling and said he didn’t see the email until Friday but even if he had, according to the charter, resolutions need to be submitted to City Clerk Elizabeth Eaton, not the city attorney’s office.
Myles, in terse exchange, scolded DeBoy.
“You have been overreaching in your authority and interfering in our legislative authority,” Myles said.
DeBoy defined the proper procedure for agenda item submission and also said the separation of powers outlined in the city charter is very clear – the council has legislative duties. Administrative duties, like allocating funds for a desperately needed park in a neglected part of town, falls under the purview of Mayor Robert Restaino and the executive branch.
Restaino was in LaSalle at a conveniently timed meeting over that neighborhood’s ongoing rat issues.
The resolution for the park was nixed by DeBoy from the start.
“If passed, it would be a nullity. I don’t see any point in moving forward with a resolution that is a nullity.”
Myles spoke about the last council meeting and moved Perry, who subjectively silenced resident Tanya Barone, should be removed from the chair for violating Barone’s right to free speech.
9 months into his term as chairman, Perry still struggles with Roberts Rules of Order and frequently consults DeBoy on meeting procedures and is still trying to decide what qualifies “for the good of the people” in the public speaking portion of the agenda.
Councilperson Brian Archie tried to represent a voice of reason.
“People are laughing at us,” Archie said. “This is unacceptable. We have to stop.”
For his part, Perry told Myles if any councilperson joined him in seeking the resignation, he would resign. Later in the meeting, after the agenda items, Perry acknowledged it is a hard role to run the meeting and decide whose speech is for the good of the community. He pledged to be more tolerant. Barone spoke, on decorum as well as expressing allegations of animals being mistreated by the city’s dog shelter vendor who was retained on an emergency basis in a no-bid contract.
Voters present for the meeting seemed mostly upset that American Rescue Plan funds have been continually tapped for things like a $4.5 million dog shelter being built in a DPW building in Hyde Park rather than for perceived community benefit.
Lots of ARP funds have been spent on public safety items like police and fire vehicles and equipment. Little seems to be spent on parks, the community or ideas shared at public forums held by Restaino before the spending began.
Lawrence Blaber Jr. spoke of dysfunction in city government. He alleges the shelter location is illegal according to state law and zoning. He also has repeatedly spoken that inclusive playground in the park is in ill repair and it’s a matter of administrative neglect because the playground equipment is under warranty.
The meeting also included a public hearing on the proposed zoning law modification designed to take DeVeaux back from landlords renting to Niagara University Students. Most speakers were in favor of the new zoning. Planning Board Member Frank Handley spoke against.
