A recently approved ordinance allowing outdoor seating contained stipulations local businesses claim they didn’t know about
Stephen Finn
The Sun
A popular ordinance allowing local restaurants and businesses to provide outdoor seating to their patrons was approved at a council meeting last month. A number of businesses came out in support of the ordinance at the time. However, since the ordinance took effect in late October, businesses like Jeny’s Java Joint aren’t happy with some of the stipulations.
In the days leading up to a council meeting on Nov. 19, owner Jeny Stackhouse staged a protest over the fact that outdoor seating was only being allowed on a limited seasonal basis.
A table was set up outside the coffee shop and a sign in the window above it addressed to the zoning board read: “This is a protest. Change the date restrictions on the outdoor seating ordinance or we will not fill out your forms and we will not pay your fee. We will not follow absurd rules.”
The sign has since been removed following the meeting where Stackhouse felt she was heard and was happy with the council’s willingness to work on the ordinance.
During the public portion of the meeting, she expressed her frustrations and opened a dialogue with the council.
“I want you all to know that I don’t blame anyone for this issue and I hope that I have not offended anyone during my protest,” said Stackhouse. “I also wish to apologize for anything that may have been said on social media. It was never my intention to bash, humiliate or hurt members of our local government, but instead bring a sense of urgency to an issue that needs to be resolved.”
According to Stackhouse she was only aware of a time of day restriction on outdoor seating and not a seasonal one. She spoke with fellow business owners who were also unaware of this fact and said that they too did not approve of limiting outdoor seating to certain months of the year.
Given the inconsistent nature of weather patterns this time of year, Stackhouse felt it was unfair the ordinance allowed for outside seating only from April through November when the area has previously experienced unseasonably warm days well into December. She believed it should be up to the individual businesses to decide if the weather is nice enough on a day-to-day basis to have patrons sitting outside.
Although she expressed her frustration over the issue, Stackhouse was appreciative of the council’s willingness to listen and address her concerns.
“A couple of council members, as well as the mayor, have reached out to me in the last few days and I’m grateful for that. It seems as though we are on the same page and long for the same things, and this experience has shown me just how important it is for us to work together,” said Stackhouse.
Mayor Michelle Arnold inquired as to how the council could have done a better job communicating with business owners so they were aware of the guidelines of the ordinance. Stackhouse suggested holding meetings between the business community and local government where issues like this that affect businesses could be discussed at length and to ensure open communication between the two groups.
Although the council was open to the suggestions proposed to it and agreed the seating ordinance should be amended, Borough Administrator John Gural changes could take some time.
“You pay me to give you the bad news,” said Gural. “There is no opportunity to introduce and adopt an ordinance in 2018.”
Gural pointed out an ordinance cannot be introduced in one year and adopted in the next, the process must take place within the same calendar year. This ordinance also affects the land development code, and as a result must go before the land use board before amendments can be made. The next land use board meeting will not take place until Dec. 19.
“The very first opportunity then for introduction is January,” said Gural. “Assuming that you still have two meetings in January you could introduce at one of the two meetings in January. The amended ordinance has to go before the land use board for comment, so again you have to wait until after that date before you can take any action.”
Gural said the most optimistic timeframe would be adoption by February and an effective date of March 1.
