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Downtown parking controversy kicked back to BID to solve

By Howard B. Owens

The issue of overnight parking downtown was put in reverse by the Batavia City Council on Monday, when by unanimous consent members sent it back to where the controversy started -- the BID Parking Committee.

The council was following the recommendation of City Manager Jason Molino, who suggested the parking committee -- which according to him, initially asked for parking restrictions to be enforced -- come up with a compromise plan.

"We want to try and do what’s best for everyone," Molino said. "Sometimes you can’t satisfy everyone, but we’re going to try to. I think the best thing is have the BID parking committee review the issue further and come back with recommendations."

Molino said the situation is a balancing act of various interests. Parking lot clean-up and plowing requires overnight parking be limited and ideally confined to a defined area, and downtown business owners are worried about employees and customers who need to use the parking lot between 2 and 6 a.m. getting tickets.

About a dozen local business owners attended Monday's meeting, along with BID Director Don Burkel.

Burkel informed the council that the BID board met earlier in the day and agreed that overnight parking fees should not be increased.

"In light of trying to promote downtown for residential use, as well as for shopping and restaurants and other various businesses, the board is in favor of avoiding any increases so as not to shortchange (downtown) in any way," Burkel said.

Louis Kingsbury, an employee of Ken Mistler and Jerry Condello, spoke as a representative of local businesses.

Kingsbury listed off a number of concerns: Where are employees supposed to park whose shift ends after 2 a.m. or starts before 6 a.m.? Who's liable when a plow hits a parked car?

"I'm just trying to figure out a solution to the whole scenario so it's feasible for everybody," Kingsbury said.

Condello delivered pages of signatures on petitions of people opposing overnight downtown parking restrictions.

Council members had a variety of initial reactions. John Canale wondered why people pay for parking when they've already paid for the parking lot through their taxes. Jim Russell said some sort of order and structure is necessary to the parking situation.

And if bar patrons decide not to drive home and still wind up getting a ticket, well that's a small price to pay compared to a DWI, Russell said.

Bar owners argue that customers won't necessarily look at it that way, but Molino said there is an application process in place for anybody who gets a ticket under extenuating circumstances.

The fee for the overnight parking permit is necessary, City Attorney George Van Nest said, because there are court cases that prevent government agencies from giving away taxpayer-owned property. A parking spot is a piece of real estate and if you're going to give a person special permission to use the property when others can't, there needs to be a fair-market price attached to that use.

Molino established the overnight parking fee -- which he can set under local law -- at the same rate as a garbage Dumpster fee, under the premise that the fee establishes market value for that much space being used by a private party.

So far, a total of nine overnight parking passes have been purchased by downtown residents. Tickets and fees account for only about $1,000 in city revenue, Molino said.

Mike Weaver

Gee, I would have thought that all of the folks that spoke out in favor of having half of the county's law enforcement in Leroy on Memorial weekend would be more vocal in their support of an idea that would probably reduce intoxicated driving and doesn't require the disruption of traffic on main roads, incoveniencing of 100's of random motorists, or taxpayer funds to pay overtime for.

May 30, 2012, 11:53am Permalink
Dave Meyer

OK Batavia voters....next election time, remember that councilperson Russell says for those that make the responsible decision and call a cab to take them home...tough shit if they get a parking ticket.
What a moron!!

May 30, 2012, 4:12pm Permalink
Mark Brudz

I am puzzled here, the parking fee is currently $100 per year (9 of them issued = $900) The fine for parking is $25.00, so if the city revenue is about $1000, and 9 passes were issued, that means only 4 parking tickets per year? Someone isn't exactly accurate in this discussion.

BTW, I am all for some system of parking for those who may have had a few, could this be as simple as issuing a pass to bar patrons that request it or when the bar tender thinks they need it? Maybe the city could issue a given amount to every affected business on a monthly basis? Seems like the simplest solution, but what is ever simple when government is concerned?

May 30, 2012, 5:21pm Permalink
Mark Potwora

Why isn't the public parking city councils problem.....I didn't realize that BID controls those parking lots....Who is on this parking committee..Those parking lots are owned by all city of Batavia tax payers...It should not be up to BID to dictate what rules apply to those parking lots or what fine should be assessed...The Goodyear repair shop has cars and trucks parked overnight..How many parking permits do they buy every year.....Its city council's job to set the rules and regulations.....I think we should be able to park on the street all nite...Abolish the 2-6am no parking on city streets rule....Can i enact that the way BID is dictating the rules on parking in city parking lots.....Dave i agree about Russel......Instead of coming up with a solution on how not to get a ticket ,he would rather just tell all tough luck..Pay the ticket.....

May 30, 2012, 8:15pm Permalink
Howard B. Owens

I'm surprised at the criticism of Russell for his quote. It's like pretty drop dead simple common sense. Any reasonable person should conclude a parking ticket is a lot less expensive than a DWI.

The BID parking committee is made up of BID members and city officials.

Of course BID members should make the recommendation on how to handle downtown parking. They're the ones with the most at stake in the issue. What you don't want your government responsive to constitute needs? They should just dictate with no input?

May 31, 2012, 7:45am Permalink
Mark Potwora

Isn't it some of the BID members ..Bar Owners...Who seem to have issues with what the group that they are part of ,are the ones with the issues on how the city enforces the parking regulations downtown......Isn't the parking lots paid and maintained by all city taxpayers ..Should all city taxpayers have input in the parking issue .Not just a few members on the BID parking committee.....Mark B had a good solution of handing out one day overnite parking permits to bar patrons.......Howard i do want government responsive to constitute needs..Not just the BID parking committee...They have input allready on the issue.....

Condello delivered pages of signatures on petitions of people opposing overnight downtown parking restrictions....That seems like input to me...

Louis Kingsbury, an employee of Ken Mistler and Jerry Condello, spoke as a representative of local businesses....That also seems like input to me.....

May 31, 2012, 10:11am Permalink

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