WESTFIELD – The first reading for the ordinance to regulate sidewalk cafes was voted by the City Council at Thursday’s meeting, after a brief discussion.
Ward 3 Councilor Andrew K. Surprise expressed displeasure, and said since an amendment he had suggested for a pilot program to allow streetside dining, or “StrEatery,” was not in the ordinance; he had considered not supporting it.
Ward 2 Council Ralph J. Figy, who chairs the Legislative & Ordinance committee, noted that they had held four meetings on the ordinance. Figy said a sidewalk café and street side dining were two completely different things; the second requiring blocking parking places which would also require a street use permit. He said the sidewalk cafe ordinance will be under the Board of Health as its granting agency, and restaurants could apply for the permit as part of its annual licensing with no additional fee. “There are other sidewalk cafes operating that don’t have sidewalk permits,” Figy said, adding that the Health Department was excited to have it under its purview.
At-large Councilor Matthew Emmershy commented on the permit dates of April 1 through Oct. 31. “If we have an unseasonably warm March, it happens, I don’t think we should be restricting them,” he said. Emmershy also asked for clarification about the fee, which Figy said had originally been suggested at $100, but was removed when it became a part of the annual licensing by the Health Department.
“There’s no reason we can’t have a fee for it. I think it’s worth testing without a fee, but they’re getting something other businesses aren’t getting,” said At-large Councilor Dave Flaherty. Surprise countered that the suggested fee was so nominal it wouldn’t have made a difference to the city, but may have to the businesses.
“This levels the playing field for everybody, will enhance business, and will allow people to feel comfortable and safe,” said At-large Councilor Nicholas J. Morganelli, Jr., adding that while he did agree with Emmershy about warm March weather, he thought that the ordinance should go forward in its entirety. The vote passed, and was moved to a second reading in September.
A second reading for unattended donation boxes, or drop-boxes from L&O passed unanimously with an amendment by Figy to prohibit boxes within the 100-year flood plain zone. “This is a great compromise,” said At-large Councilor Brent B. Bean, II, who originally co-sponsored the motion for the ordinance. “I commend L&O, and hopefully it gets policed appropriately. All these ordinances are great, but we’re not seeing a tremendous amount of enforcement,” Bean said.
A second reading was also scheduled after a vote to approve monies for the purchase of two solar crosswalk flashing signals, paid for in part by the Commission for Citizens with Disabilities from handicap parking violations.
In other business from L&O, the discussion of the truck exclusion on Paper Mill Road from the Traffic Commission was tabled to the next meeting. Ward 6 Councilor William Onyski said he wanted to give residents an opportunity to come to the meeting.
Figy made a motion to bring a draft ordinance for the position of Chief Financial Officer out of L&O with no action. Ward 6 Councilor Robert A. Paul, Sr. said that after multiple discussions in committee, it was agreed to be a very important position. “If L&O wants to move it out of committee with no recommendation, refer it to Long Range Finance,” Paul, who chairs that committee, said.
City Council President John J. Beltrandi, III suggested resubmitting it as a fresh motion.
“I agree with Councilor Paul, the language is already there. I think we should send it to Long Range, and let them look at it,” said Surprise. Surprise was referring to the job description that had been re-worked by Councilor Flaherty, making the appointing officer for the CFO position the City Council, among other changes.
Flaherty said he also agreed with Paul, adding that the creation of such a position has been discussed for years. “I’m perfectly fine with sending it to Long-Range,” Flaherty, who also serves on that committee, said.
Figy said he would rather move it out of committee with no action. “It’s neater and cleaner. Anybody can resubmit it, if it’s the will of the council to move it to Long Range,” he said.
Flaherty made a motion to amend Figy’s motion to send it to Long-Range Finance. The motion to amend passed 7 to 5. In the discussion on the motion, Personnel Action Committee chair Cindy C. Harris said the ordinance is for a new job that the city does not have the money to fund.
“Not yet,” Flaherty said. Harris said not for the next six months at least.
“It’s going to take us six months to figure out what we just did,” added Beltrandi. The motion passed 7 to 5 to send it to Long-Range Finance.