Some councilmembers in Niagara Falls are continuing to push back against Mayor Robert Restaino’s state of emergency declaration. Restaino accused the city council of being "derelict" for not approving two contracts for road paving and landscaping services.
But, at least two members say they intended to only postpone approval because the request lacked proper details. Councilmember Vincent Cauley rejects many of the mayor’s accusations, and believes the mayor has violated several parts of the city charter.
"Administrative orders relating to the organization and internal management of city government shall be distributed to city officers by the administrator not later than three days after being filed with the clerk," said Cauley, citing part of charter. "The order was signed July 20. When did we get notice that we were in an emergency? August 15 on a Saturday morning via text message."
Restaino has since extended the state of emergency for another 30 days. The Niagara Falls City Council is on a scheduled recess during the month of August.
As a result of the emergency declaration, Mayor Restaino executed the contracts himself, saying he has the authority under state municipal law.
“No vote’s a no vote. There was no motion to postpone," Restaino previously said. "It was a motion to approve or not approve the contracts, and the contract did not get approved."
Union leaders are also critical of the situation, seeing it as a sidelining of the city’s Department of Public Works employees.
Cauley and others also have questions about the validity of the landscaping company selected, KJ Smith Enterprises. He said he has questions about the company's legal existence.
"I wasn't just saying no just to say no," said Cauley. "The one company I got information, got a tip, that the company was voluntarily dissolved last year. Does it make sense for me if I get that information to vote to give a contract to a company that's dissolved?"
New York Department of State records indicate that KJ Smith Enterprises was voluntarily dissolved, effective July of 2025. A similarly named company, KJ Smith Contracting, was formed around a year before the dissolution.
"It is our job to ask questions," said Councilmember Bridgette Myles. "I have repeatedly requested information from this administration that I need to perform my job as a city council member. I should not have to beg for basic information."
However finding information about either iteration of the company is difficult. Neither have websites, social media pages, Better Business Bureau profiles or customer reviews. Records with the City of Niagara Falls, New York Department of State and federal Department of Transportation all list different addresses where KJ Smith Enterprises purports to be headquartered.
The company has held landscaping contracts with the city since at least 2014.
"We cannot continue to spend this much money for the results we get," said Cauley. "We cannot continue to allow projects and contracts through that we know will spend too much for subpar results."
Restaino, through a spokesperson, said he will not respond to the allegations and claims.
