Council chaos revisited

(Editor’s note: Wednesday’s Niagara Falls City Council meeting was seminal – it can’t possibly get worse (never say never, oops I just did.) Hence I decided to rewrite, elaborate and republish coverage from Thursday without requiring readers to visit https://niagaraexpress.town.news

In a meeting filled with chaos and, often spiraling out of control, the Niagara Falls City Council Wednesday passed a new set of rules governing public participation in meetings after a lengthy and contentious debate and a 23-minute recess that Councilperson Donta Myles refused to attend.

The council voted 4-1 to pass the new rules, limiting speakers to 3 minutes instead of 5 and still allowing speakers two opportunities to address the council, on 1 or 2 agenda items and “For the Good of the Community.” Also, at the discretion of the chairperson, only 3 speakers will be allowed on any given agenda item.

Council Chairperson James Perry said placing the item on the agenda brought him a dozen positive phone calls.

Myles voted no and was applauded by the angry gallery of about 50 constituents who heckled, hissed and expressed displeasure at every turn because they are upset that the council is unresponsive to citizen concerns and rarely stands up to Mayor Robert Restaino who is not required to attend meetings according to the charter he wrote which contains no provision for recall of council members or the Mayor.

4th District Legislative Candidate Sean Mapp addressed the council on the proposed changes Wednesday.

“It is not about decorum or civility but control,” he said, expressing concern that limiting the number of speakers constitutes a gag order and disallowing criticism of public officials is censorship. “Order should not come at the cost of Democracy.”

Diane Tattersall was the only speaker to address the council in unfettered favor of the rule change, expressing concern that council meetings have been increasingly chaotic and out of control since Perry was elected chairperson.

Perry seems to have limited understanding of Robert’s Rules of Order and frequently mumbles distantly into his microphone making his words unintelligible for attendees who have taken to shouting from the gallery “speak up, we can’t hear you.” Perry then speaks more clearly for a moment or two before drifting back to distant muttering.

Firebrand Activist Jill Shaw addressed the council over her concerns, specifically the language in the rule forbidding personal attacks.

“This is absolutely ridiculous to tell somebody personal issues are not supposed to be talked about,” Shaw said, “I live in this city. It is personal. We are not going to ‘gentle parent’ our city council.”

Shaw talked from the podium about removing council members from office. The city charter will be attached to the bottom of this story at the Niagara Express site but appears to contain no provision to recall a council member or the mayor other than if they are found guilty of “moral turpitude”

Bed and Breakfast owner Cherrish Beals addressed the council to say speaker rules are not the cause of the lack of decorum. (It is Cherrish, with two Rs, Pfeiffer got it wrong in the Gazette and will blame artificial editing if asked.)

“The root cause is the inability of city government to meet people’s basic needs,” Beals said.

Beals also spoke out against the renewal of the contract with Granicus, a software provider which monitors short term rentals in the city and turns over its findings to code enforcement. Beals cited Granicus as inefficient and error prone.

Supporters of Restaino’s short-term rental ordinance, which accelerates gentrification, support the software provider.

Mikaya Bivins (a social media influencer who goes by kilo monroe online) addressed the council as inept.

“I don’t know what you all are doin’ with this money,” Bivins said, “but we are finding it. Y’all run this city down to the ground. Y’all don’t care ’bout the city. Do y’all live here?”

Bivins claimed to have more influence over the

After a few more speakers the council moved to its regular agenda. The first item, a change order for survey work near the casino passed 4-1 with a no vote from Myles who had unanswered questions.

Myles voted in favor of an agenda item giving more funding to Pinnacle Community Services, his former employer, after pointing out the funding in his mind represented a restoration of a cut made by the mayor to defund Myles position with Pinnacle 3 years ago.

Myles’ assertion provoked a squabble with Acting Corporate Counsel Thomas DeBoy who serves at the pleasure of the mayor. As they argued, and the gallery grew rowdy, Perry spoke up and tried to restore order which brought a heckler from the audience.

“I ain’t heard your voice all night until you wanted us to shut up,” the heckler said.

Councilman Brian Archie was incredulous, his voice rising above the din to ask “what are we even doing?”

Funding for Granicus passed 3-2 with Myles and Archie against. Perry blamed problems with Granicus on a lack of training and staff turnover in code enforcement.

The largest item on the agenda was the expenditure of $3.1 million of Greenway Commission funds for renovations and upgrades at numerous city parks. The item was postponed because council members had numerous questions DeBoy could not answer in the absence of the Mayor and City Administrator.

If the mayor can’t bring himself to attend Ringmaster Perry’s circus he should send a minion to answer questions so things like work on the DPW building used for lawnmower storage or playground equipment can be funded/approved without delay.

Another item on the agenda, which first appeared earlier this year, asked the council to pass a resolution to allow “opt out” payments for city employees who choose not to take health insurance from the city because they have it available elsewhere.

Three or four city officials may benefit, including the mayor and former councilperson Kenny Tompkins who now is head of the DPW. Councilperson David Zajac, now running for reelection, spoke up about the issue, a rare thing for him as he habitually votes in favor of whatever the mayor wants and rarely questions anything publicly.