NIAGARA FALLS, N.Y. (WKBW) — After 43 days under a state of emergency, Mayor Robert Restaino has extended the declaration, saying the city’s road and grass problems have not yet been sufficiently remedied.
"The state of emergency should just be viewed as the only vehicle possible to do road paving and grass cutting," Restaino said.

Following multiple failed city council votes in July, Restaino tells me he used the city’s active state of emergency to hire contractors himself. He assured me that is the only action that he has taken while under this declaration.
"It has nothing to do with any other item that might be on an agenda. This is strictly for road paving and grass cutting," Restaino said.
Still, Councilmember Vincent Cauley finds these several weeks under emergency a major overstep by the mayor. One he says intentionally subverts city council.
"Stop the abuse of power. Stop the mockery. And follow the process," Cauley said.
WATCH: ‘Only vehicle possible’: Niagara Falls extends state of emergency declaration
Q: What have you made about [Councilmembers Cauley and Bridgette Myles] being so loudly against this?
Restaino: “Nothing. We wouldn’t be here if they would have authorized the contracts on July 8 or July 17 or July 29.”
Cauley: “There were four of us at these meetings. Myself and councilmember Myles, we had insufficient information that these contractors were valid.”
Cauley tells me he has filed a complaint with the New York Attorney General’s Office to nullify Restaino’s actions.
"We don’t have to accept it. It’s up to us to create the pressure to fight back," Cauley said.

Restaino tells me that with city council on recess from meeting all August, and only so many days before winter, he couldn’t afford to wait for another vote.
"Without authorization, we’d spend all of July and August, right in the middle of the season when you would do these things, lost," Restaino said.
The mayor added that the state of emergency will continue to be extended until all hired contractors have completed their work and are paid in full.
Q: “Do you think that this can go up until winter?”
Restaino: “I wouldn’t dismiss that. I wouldn’t discount that that could be possible.”

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