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Downtown business group shares petition, reaches out for answers, airs grievances

By Joanne Beck
Alva Bank parking lot
2024 File Photo of fencing along a row of businesses in the Alva and Bank parking lot block patients from having handicap parking and has prompted the business group to draft a petition for support.
Photo by Howard Owens

The last two days have seen a whirlwind of activity — social media posts, email chains, a petition and attempts to reach out to City Council -- from the group of Downtown Batavia business owners upset and overwhelmed with parking issues due to the new police facility construction staging area and a lack of handicap parking directly in front of their offices in the parking lot at Alva Place and Bank Street.

The business group is seeking at least a thousand signatures on the petition, filed with change.org. The petition urges the “City Council of Batavia to take immediate action by restoring promised parking spaces during construction of our much-needed Police Station.”

“By doing so, they can improve accessibility for those who need it most while supporting local businesses that contribute significantly to our city's economy,” the petition states.

The idea behind the document is so that “the city can understand how many people this affects,” property owner Sharon Kubiniec said Saturday. The business group will then present it to city council and pertinent staff involved in the project, she said.

"April 10, they promised one row of parking along the north side of the buildings as well as the west end to be provided by Dr. Canzoneri and Village Physical Therapy. So we’re looking for one row of handicap parking, we’re concerned about our handicap patients," Kubiniec said. “I have been in that building for over 40 years, and very rarely has Washington Avenue sidewalks ever been plowed. And the snow builds up there. December when patients are parking on Washington Avenue, climbing over snowbanks to icy sidewalks, those are accidents waiting to happen, and that’s what we want to avoid.”

When the business owners first learned about a new police station being built in that lot location, “we thought it was great; we would be safer,” she said. But they were never brought to the construction site to actually see the setup. 

Once fencing went up, their patients were shut out from parking close to the offices and relegated to street parking, which many have objected to as insufficient for elderly patients, those with disabilities, and those with walking devices. Business owners have since said they have lost customers due to the inconvenience and hassle and are concerned about their patient's safety.

“The business model shows businesses thriving, we’re not thriving. For us not to be considered is horrible,” Kubiniec said. “They’re trying to make the police department happy, that’s wonderful, but it can’t just serve one sector of the population. 

“I’m not trying to put the blame anywhere,” she said. “Let’s move the fence back 40 feet so we can use that one row of parking. We are trying to amicably solve the problem. We want to be reasonable, we want a win-win for everybody. When Eugene Jankowski says you need to give a little, well they need to give a little as well.” 

City Manager Rachael Tabelski emailed Kubiniec an update Saturday that using a shuttle bus for patients was not going to work because no city employee was available to drive the vehicle, but she was checking on pricing from RTS as another option.

Other updates would be forthcoming as to “the city’s accommodation plans,” Tabelski said, and “we are working on different options to help the business owners on Washington and State and pushing our architects to relook at site/staging layout.”

Although there wasn’t ample detail, it was a response, which Kubiniec appreciated, she said.

“The unknowing is what’s so scary for businesses,” she said. “We need more communication.”

On Thursday, she attempted to talk to City Councilman-at-Large Bob Bialkowski, who informed her that council members were not to discuss the police station issues with business owners. Council President Eugene Jankowski said that all such matters were to be referred to Tabelski as the project lead. 

Kubiniec questions that line of authorization since a letter dated March 8, 2023, related to the state environmental review, states that “City Council of Batavia announced its intent to serve as lead agency on Feb. 13, 2023 …” If the council was the lead agency for the SEQR at that time, she believes council members should have the authority to speak to business owners now.   

Dr. Joseph Canzoneri, who owns his own podiatry practice on State Street, posted his thoughts on social media Saturday morning. He opened with “People of Batavia, you are getting forced a new police station guaranteed to have cost over runs with a budget set at almost $15.5 million today and it hasn’t even started yet?”

“They need one, and I certainly would agree to that. But at what expense to the community and to the taxpayers as well as businesses directly involved in the proximity in Alva Place?” he continued. 

The planning board approved final plans without inviting any of the affected businesses, he said, and no impact studies were done as to the “sheer volume and parking spots needed to continue to do business.”

“Their remedy was to create parallel parking for disabled people and exhausting distances for people to walk just to support the businesses they support for years. They knew what they were doing and when questioned about the disability act they said because they own the parking lot they could basically do what they want,” he said. “Jankowski city council president is hell bent to fulfill his selfish legacy of a new police station. No matter what detrimental affects (sic) it has on the community. He is shameful to call people antipolice as he scapegoats the attention created by the injustice for those that oppose the planning and staging area which destroys valid parking for businesses to survive and safety considerations for patients.” 

He also urged people to remember this during the next election.

Jankowski said that even though Canzoneri “said hurtful things about me I’m confident we can still work something out for all the businesses and their patrons.”

“It’s the right thing to do, and I’m not giving up,” Jankowski said. “The city manager has been working tirelessly on solutions to resolve the business owners’ complaints.  All options are being explored but it does take a few days to make them work.” 

As for the petition, here it is in its entirety:

In the heart of Batavia, NY, a personal struggle is unfolding. Patients being treated by these local businesses are attempting to attend their appointments but find themselves having to park far away from their destinations. Most of these people are elderly and qualify for handicap parking, which has been removed.  This situation is causing undue hardship, with some finding it impossible to keep their appointments. Some are even resorting to double parking on Washington Ave and unsafely exiting their cars.  Other customers have found that they now must carry their heavy computer from the Mall parking lot to Millennium Computers for service.

This issue stems from the City Council's decision not to restore parking in the downtown lot at Alva and Bank Street where the new Police Station is being built. Businesses were promised one row of parking along the north end of this lot, adjacent to their establishments - a promise that remains unfulfilled.

The lack of adequate handicap parking for businesses on State Street and Washington Ave is causing suffering not only for patients but also for clients, employees, and businesses themselves. The current situation threatens both public safety and local commerce.

We urge the City Council of Batavia to take immediate action by restoring promised parking spaces during construction of our much needed Police Station. By doing so, they can improve accessibility for those who need it most while supporting local businesses that contribute significantly to our city's economy.

Please sign this petition if you believe in creating an accessible city that supports its residents' health needs as well as its local economy.

See HERE for prior coverage about this issue.

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