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.