Over 100 residents have signed a petition lodging a complaint to the City of Fillmore regarding a childcare facility being proposed in a residential area of town. The property in question has had numerous complaints by area residents for neglect of maintenance and upkeep along with many loud gatherings which have had a negative impact of its neighbors.

Early this year the property owner approached the City with an application for a modular structure to be placed on the property for the proposed daycare business. The neighborhood residents are extremely upset with the proposed project. They have sited the presence of a Megan’s Law registered sex offender living in close proximity and concern the proposed structure will have a negative impact on the tranquility of their neighborhood and home values.

This was put in motion about three years ago when Alma Ferrel noticed Fillmore did not have a childcare facility which was not income or religious based. Ferrel, wanting to expand her existing daycare business, searched for a location in town that would meet the State requirements for expanding. She found the three lots owned by Vincent Castillo located on River Street and Dunton Lane. One lot has an existing building (vacant church), one is paved for parking and the corner lot is undeveloped.

In February 2011 Castillo submitted an incomplete application to the City on a proposed building for Ferrel’s new daycare center. The application was rejected and Castillo was asked to return a properly completed application. There was a great deal of back and forth between Castillo and the City, with the City asking for the proper paperwork.

One of the requirements that concerned Ferrel and Castillo was the Development Impact Fees (DIF) required by all projects that connect to the city sewer system. According to City Manager Yvonne Quiring, original fees were approximately $100,000. Ferrel said she paid $63,000, the cost reduced by merging two lots and recalculating the square footage. Feeling they were not getting anywhere with the City and wanting a way to lower the DIF, Ferrel called County Superintendent Kathy Long, who advised Ferrel to approach Councilmember Patti Walker for advice on the situation. In Arpil 2011 Walker set up a meeting with Quiring, Ferrel, Castillo, Community Development Director Kevin McSweeney and herself.

During the meeting the subject of how to avoid paying or possibly lowering the cost of the DIF was discussed. Castillo informed those in attendance that he would obtain a “temporary” building with a holding sewage tank that could be pumped out once a month and questioned if such a building could be placed on the property, thus avoiding connecting to the sewers and avoiding the DIF. Those present agreed to look into using the holding tank, possibly alleviating the need to pay the impact fees. Castillo’s original proposal asked for approval of a daycare facility, classes, religious activities and services available both day and evenings, all activities that had cause problems for the neighbors in the past.

There was also a question on how long a temporary use permit could be issued. Two years is common, but Ferrel had concerns that two years would not give enough lease time for the business to qualify for the funding from the State agency First Five so she asked for an agreement of five years. McSweeney told those attending the meeting he would look into all of the City’s requirements for the project to move forward.

A public meeting was held on the issue where 15 of the over 100 residents who signed the petition against the project came to voice their objections, but for the residents to continue fighting the project the City required a $700 appeal fee be paid by the residents. They do not what a temporary modular building placed in their neighborhood.

The residents have had several run-ins with the property owner over loud noise and parking issues due to the church being rented out as a hall for various functions; use that the property is not zoned for, and the property’s landscape has not been maintained with weeds surrounding all three lots. Sheriffs Captain Monica McGrath confirmed to the Gazette that there is a Megan’s Law registered sex offender living in close proximity and that person in question was convicted of a misdemeanor in 1996, but has complied with all necessary State requirements to date.

After researching and finding that the proposed holding tanks would not meet the City’s requirements, McSweeney told the interested parties that they could not use the holding tanks; the project would have to connect to the City sewer system, pay the DIF and a fire sprinkler system needs to be installed. Also, only the daycare facility would be approved and no other activities.

The protesting residents were not assisted by any Council Members, City Manager or County Supervisor on how they could avoid their appeal costs. Consequently the residents could not come up with the appeal fee to fight the project and it was approved.

The proposed childcare facility will not be administered by First Five and will not be based on an income sliding scale or be a State entitlement program. However, Ferrel said she will be obtaining a loan from First Five towards the project. It will be privately owned business available to children 6 weeks to 12 years with a flat tuition rate and offer a summer program. The new business has not yet received its State license and the question of the location of the registered sex offender may be an issue.