An appeals court on Friday upheld a previous ruling which requires the Buffalo City Comptroller borrow money as instructed by the Common Council for capital projects.
In a 5-0 ruling, the New York State Supreme Court Appellate Division Fourth Judicial Department said Buffalo’s Common Council has the power, under the City Charter, to authorize the borrowing of funds.
Comptroller Barbara Miller-Williams had refused to issue bonds to raise money for projects in two previous fiscal years. When two Councilmembers sued and won in a lower court last September, the Comptroller appealed.
“The Comptroller’s refusal to meet her charter mandated responsibility and bond out for these critical infrastructure projects will cost the City of Buffalo tens of millions of dollars in additional costs, and the effects of these delays will be felt for a number of years to come,” said Councilmember Christopher Scanlon, one of two lawmakers who sued to force the Comptroller to act. He was acting mayor last September when the lower court ruled favorably.
Scanlon and Mitch Nowakowski, Fillmore District Councilmember and the other plaintiff, hailed the court decision but are upset that the long legal battle has, in their words, held up critical projects which will now become more expensive.
“And in Mayor Ryan's budget, he has to take money from the operating budget to purchase vehicles for streets and sanitation and other departments,” Nowakowski said. “Ultimately, we plan those purchases through our capital projects, and due to this year-and-a-half delay in court disputes, now we're using funds out of a city budget that's very tight.”
But tight city finances, the Comptroller explained in writing early Friday evening, are why she is hesitant to issue the bonds. In her statement, Miller-Williams acknowledged the ruling and stated her respect for the judiciary process, but she continues to remain concerned about the City of Buffalo raising its capital debt in light of its current fiscal crisis.
“The more the City of Buffalo borrows, the more the citizens and taxpayers will have to pay in property taxes. My responsibility remains to safeguard the City’s financial future requiring careful consideration of the long-term impact of these decisions. That responsibility will continue to guide my approach moving forward,” she wrote.
