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Council presses administration for new holdover contract and long-term RFP for Erie Basin Marina
Summary
Council members criticized the current marina contract as poorly written and pressed the mayor and corporation counsel to craft a short-term holdover agreement with stronger reporting, clearer revenue terms and capital-investment provisions, and to move a long-term RFP that would require capital improvements and benefit Buffalo residents.
Council members at the finance committee sharply criticized the existing Erie Basin Marina contract as financially unfavorable to the city and asked the mayor to direct the law department to draft a short-term holdover agreement ahead of a long-term request for proposals.
Councilmember (and the committee chair for the district) said the current 10-year arrangement had allowed the operator to keep most gross revenue while the city bore capital costs. "An operator made $10,000,000 close to and paid the city of Buffalo $950 — that's a slap in the face to taxpayers," the councilmember said, adding the marina needs "millions of dollars of capital improvements. The marina is publicly owned. It's a citywide asset."
Jared Good, assistant corporation counsel, advised the committee on legal limits: the council can request that the administration pause or not extend a contract but "making a direct order to demand that the other departments do something" risks intruding on mayoral authority and raising separation-of-powers concerns. Good said the council retains authority to reject any agreement that is later presented to it.
Commissioner of Public Works Nate Martin said the existing contract "is not a beneficial contract to the city" and must be restructured to include capital investment commitments rather than placing that burden on the city. Martin said the department is considering an RFP for a longer-term contract that would require the operator to take on capital improvements, and that parts of marina infrastructure already needed replacement.
Councilmembers sought stronger short-term reporting and transparency for the upcoming boating season. The chair asked the mayor to urge corporation counsel to draft a holdover agreement for the coming season with improved reporting, clearer revenue collection, and transparency on operator financials; multiple members supported recommitting related items to the Waterfront Committee for broader planning with other waterfront parcels.
The committee moved two marina-related items to the Waterfront Committee for further vetting and instructed the administration to pursue a short-term holdover agreement while preparing a long-term RFP that includes capital investment terms and clearer revenue-sharing and reporting requirements.
