Thursday, June 26, 2008

Not 'business friendly' - Post #13: no more day cares

We've seen the fiasco that the convenience store licensing law has created with a federal judge ruling that Toledo cannot enforce the law until the settlement of the lawsuit over its constitutionality. Now, District 1 Councilwoman Wilma Brown wants that same type of regulations for day cares in private homes.

In order to 'research' the issue, she's got an emergency ordinance on the agenda for next Tuesday's council meeting.

Declaring a 180-day Moratorium on the authority of the Division of Building Inspection to accept applications for Special Use Permits for Type A day cares; and declaring an emergency.

SUMMARY & BACKGROUND:
Toledo City Council has seen a large increase in applications for Special Use Permits for Type A day cares. Historically it has been understood that homeowners have chosen to stay home and watch children within their home. It is becoming more prevalent to have the applicant not be the person who is living in the home and to run these businesses 24 hours round the clock with three shifts and increased staff. It is not known just what effects these types of establishments have on the neighborhoods. There is a great concern that to allow a 24-hour business to operate in a residential neighborhood may be detrimental. Businesses that are located in commercial districts but abut residential have hour limitations put on them in order to preserve our neighborhoods. Therefore allowing these businesses to operate these hours seems to be adverse to previous decisions in our zoning plans.

City Council is requesting the Plan Commission to look into and research and present to Council a text amendment change that would greater restrict Type A day cares to assure greater protection to the neighborhoods. This moratorium will prevent the establishment of additional Type A day cares while this research is being undertaken. NOW, THEREFORE,

Be it ordained by the Council of the City of Toledo:

SECTION 1. That the authority of the Division of Building Inspection to accept applications for Special Use Permits for Type A day care is hereby suspended for a period of 180 days from the effective date of this Ordinance.

SECTION 2. That this Ordinance hereby is declared to be an emergency measure and shall be in force and effect from and after its passage. The reason for the emergency lies in the fact that same is necessary for the immediate preservation of the public peace, health, safety and property, and for the further reason being that a moratorium is necessary to allow the City time to review its Special Use Permit regulations for Type A day care.

Yes, this seems like an emergency to me ... and that the public peace, health and safety are certainly at risk.

According to previous statements, Councilwoman Brown doesn't like the fact that some of these day cares operate 24-hours a day. So if council regulates them out of business, where are second- and third-shift workers going to find care for their kids? Maybe they'll just have to quit their job so their neighbors aren't disturbed by their work hours.

Toledo isn't exactly a hotbed of job growth. If a family can open a business, be licensed by the state (as all day cares are) and provide an income by caring for other people's kids, isn't that the type of entrepreneurship we're desperate for? Isn't it possible that success as a neighborhood day care might lead to a growing or expanding operation? And if you've got a demand, might you also hire some friends or neighbors to help you, thus creating jobs????

I guess these council members are just overlooking these types of questions and potential outcomes. They're too busy being disturbed by the noise of some who cater to people working around the clock.

This is NOT business friendly, nor is it worker friendly. Our council members are so quick to use the phrase 'working families' in their political rhetoric. These 'working families' need day care for all three shifts and it's best if they have that option within their neighborhoods.

Council should reject this moratorium - and reject further restrictions on businesses in Toledo. If you agree, call council and let them know: 419-245-1050.

4 comments:

Tim Higgins said...

Maggie,

Forget business friendly, this is not rational. Even if there was a zoning issue for the issuance of special use permits for day care centers, this is certainly nothing that rises to the level of an emergency.

Or maybe it is ...

Dictionary Of Words As Defined By Toledo Government:

Emergency - Anything that needs to be done immediately, since it would be rejected upon more careful scrutiny.

That must be it!

Maggie Thurber said...

that's a terrific definition which shall be shared with others...thanks!

Lisa Renee said...

I was surprised to learn this was in reference to Type A especially since they do face more requirements under the Charter than the Type B. Including:

1104.1002 In no case may more than one facility subject to this section be located on the same block

And under 1104.0700 Day care.

D. Drop-off/Pick-up Area. A paved area for dropping off and picking up persons in care at the facility must be provided with the approval of the Division of Transportation.

That's why I assumed this had to be in reference to the type B, since there are already laws governing specific parking as well as only one per block...

Robin said...

Have people been complaining about traffic at all hours of the night at these residential day care centers? Have there been cases where illegal activity has been happening at these day care centers?

It really doesn't seem to be "worker friendly". Not everyone works from 9-5 and most commercial day care centers close around 6 or 7 pm. A lot of people also can't afford to send their kids to commercial day care centers.

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