12 ATTACHMENTS - Laserfiche WebLink

Chair Pearce stated that she was aware there were concerns raised about increased City liability and asked Ms. Harryman if she sees this as a concern. Ms. Harryman replied that if a child is injured in a program and thinks that the City was responsible in certifying the operation, the injured would look to blame parties and the City will undoubtedly be named. She agreed there is exposure but believed the City also has governmental immunities and would prevail. Chair Pearce stated that she did not believe this was much different from the exempt child care that the City now authorizes. Ms. Harryman agreed. Chair Pearce inquired if a child care facility would be considered in situations where some children are there over 10 hours during the school year and 15 hours in the summer. She provided an example of a gymnastics facility where the majority of children attend for an hour or so, but a minority of children who are on a competitive team are there for 10 -12 hours a week. She inquired if this would then be categorized as a child care facility. Ms. Stern said yes. She added that she was not sure there was a way around not categorizing it as a child care facility. THE PUBLIC HEARING WAS OPENED. Jack Balch stated that as a result of his having gone through a long process as a landlord, he is very familiar with the State licensing process. He indicated that he was glad the Commission was considering this matter but expressed concern that the City is opening itself to liability beyond what the State is requiring. He referred to the Catch 22 situation, recalling that his applicant came to the City and was told he needed to apply for a license, was told by the State that he was exempt, obtained letters from the State to that effect, and when he was again told that he had to obtain the license, the State moved at a much slower pace than it would have in the normal approval process. With respect to the sign -in /sign -out provision, Mr. Balch suggested ensuring that an adult sign the children in and out. He referred to the "E" building occupancy which generally worked well, but also involves additional aspects of operations. He voiced concern that the City use the same definitions as the State because he could see tutoring used in a variety of ways. He also expressed concern about exempting everything on the School District's property. Brad Hirst stated that he hoped the Commission does not create more problems than it would create solutions regarding the matter. He echoed some points raised regarding hours and gymnastics as well as training and athletic camps, stating that his grandson EXCERPTS: PLANNING COMMISSION MINUTES, July 8, 2009 Page 4 of 12