OLEAN - The future of a parking lot at the end of West Fall Road is still uncertain as members of the city’s Public Safety Committee tabled a measure that would prohibit public use of the lot, pending further legal review.

The once unpaved lot was paved last month to make way for a “park-and-ride” lot. Mayor David Carucci said that the lot was part of the reconstruction of the Two Mile Sewer Replacement Project. Total restoration for that lot cost approximately $35,000, of which $12,000 to $14,000 was spent on paving the lot, said Ashok Kapoor, director of the Olean Department of Public Works.

Alderman Frank Steffen, D-Ward 7, presented the proposal that would effectively leave the lot open for use by city employees, shutting out public access of the lot with a chain-link fence.

Aldermen said they have talked to people on both sides of the issue. Residents from West Fall Road have attended the last few council meetings to express their concerns about the lot. But some aldermen have said they heard from people who were happy about the parking lot.

The proposal was tabled after aldermen wondered about the legality of how the parking lot was put in. Aldermen all received a copy of a section of the city’s Code of Ordinances in regard to the city’s zoning laws, which state in Chapter 28, Article 13, Section 13.0, “Nothing in this law shall restrict construction or use in the exercise of a governmental function of public buildings, lands or property.”

Mayor Carucci, who did not attend the meeting, said that the city didn’t need to abide by the its zoning laws in this case. He said that he doesn’t want to get into a battle with anyone about the lot. He said the city did its homework and found that it was legal to put in the parking lot and that the city’s zoning code permits it to do so. He said the Common Council controls the city’s purse strings but that he manages the day-to-day operations.

The Common Council was not made aware that the lot would be used for parking before it was paved. The lot was paved Oct. 12.

“In any case the council should have been made aware of this rather than seeing it after the fact,” Mr. Steffen said.

Aldermen Earl McElfresh, R-Ward 1, and Ray Wangelin, R-Ward 3, both suggested that the city begin using the lot as it has already been paved and paid for. Mr. McElfresh said he understands the residents’ concerns.

“I think it would be kind of odd to lock off something that everyone in the city already paid for,” he said. He added that the issue should be looked at from how it would affect the entire city, not just the residents on West Fall Road.

Mr. Wangelin said he thinks that construction of the parking lot was gone about the wrong way, but the money was spent and the lot is already there.

“To fence it off would certainly be a travesty to the people who pay the bills around here, that is all of the taxpayers,” he said.

Mr. Steffen said that because it is there is not a good enough reason to use the lot. He said that the money was taken out of a bond for the sewer project and said that it should not have been spent in the first place.

“The fact that it was spent doesn’t make it right,” he said. “To wash our hands of this would be irresponsible.”

Mr. Steffen said he wasn’t sure if the city did anything illegal in how the parking lot went in. He said the lot wasn’t something that anyone asked for and that it could have been spent on something else.

Gary “Casey” Jones, alderman elect, D-Ward 6, said that this is a quality of life issue for the residents on West Fall Road. He encouraged the aldermen to hold a public hearing about the issue later and then decide whether to open the lot to public use.

Mr. Jones said the lot may have cost $12,000 to $14,000 to pave, but will cost a lot more when the city needs to pay for lighting, snow plowing and trash removal at the lot.

“You’re taking about additional expenses at a time when the city should be looking to cut expenses,” he said.

Tom Morgan of West Fall Road said he will continue to fight the parking lot and has considered legal action.

“I’ll file a lawsuit and if I win you can kiss that parking lot goodbye and the city’s going to pay for it,” he said. “All we’re asking for is for you to keep our neighborhood clean, which it should be.”

Mr. Morgan said that the lot had been gated for the last few years because people have been doing things in the lot they shouldn’t have been doing. He said the city didn’t maintain the property in the past.

He encouraged the council to lock the parking lot until it is decided whether the city is within its right to put a parking lot in an R-2 zone.

The mayor said that the “park-and-ride” lot helps the city get more points for federal funding in the future because it has “gone green.”

“I feel it is a great opportunity for the city to move forward in the future,” he said.

Mayor Carucci said that he thinks the lot will be used frequently for carpooling, when opened. He said that he received several calls from people in favor of the lot. He said he didn’t think that it was a safety issue and that the lot is more than 100 yards from the nearest home.

(Contact reporter Brian Lothridge at blothridge@oleantimesherald.com.)

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