On a warm afternoon, Abigail’s Coffeehouse patrons in Ligonier squeeze into two cafe tables and a bench outside. And after deliberation at Thursday’s borough council meeting, they still can, with the blessing of borough officials.

The sidewalk cafe ordinance passed 4-1, with Councilman Sam Banales voting against the proposal, saying it was too restrictive. Council members Robert Helterbran and Tom Freeman were absent from the meeting.

Many community residents and Mayor Ormond “Butch” Bellas spoke against the ordinance, not because they didn’t want sidewalk cafes but echoing Banales’ concerns.

One resident, Richard Flickinger, said the ordinance is a duplication of laws on the books.

For example, the section that prohibits alcohol served at sidewalk cafes is covered by the borough’s open container ordinance, and the American With Disabilities Act states that there has to be a 60-inch clearance on all sidewalks.

“Are we encouraging this activity, or are we stifling it?” he asked.

Resident Diane Cipa suggested amending an existing ordinance to mention outdoor dining, but she, too, said the proposed ordinance was unnecessary.

Council members, however, took the position that the ordinance is needed to protect the borough in case of an accident.

“It is our obligation to protect this borough,” Jim McDonnell said. “I lean toward the direction of our solicitor to keep up out of troubles.”

And Solicitor George Welte said if there was no ordinance it would be a dereliction of council’s duties.

Bellas said he planned to veto the ordinance. In that case, council could vote again at its next council meeting, Sept. 10, and would need five members to override the veto.

In other news, council OK’d 11 requests from the Ligonier Valley Chamber of Commerce for use of the Diamond’s bandstand during 2010 events such as the January Ice Fest and next year’s Stroll.

Approved was a fundraiser for Ligonier Township police dog Ando. The event includes a walk down Main Street, where participants will walk their own dogs. The walk is tentatively set for Sept. 26.

(Original post)