regulation

County Board Rips ‘Troubling’ Proposed Child Care Regulations

By ARLnow.com

Play area at the Rosslyn Children's Center(Updated at 5:55 p.m.) Arlington County has taken a proposed update to its child care regulations off its website after County Board members called the inclusion of certain controversial provisions “troubling.”

As ARLnow.com first reported Monday, the most recent draft of the child care regulations would have required child care centers to encourage mothers to breastfeed and would have dictated what type of milk, juice and birthday treats could be fed to children, among other provisions.

That’s in addition to new staffing and employee education requirements that panicked the operators of small and part-time child care centers, who said such rules would put them out of business or at least drive up the cost of daycare and preschool programs.

“This situation, I don’t think it’s an exaggeration to say that it’s really the most troubled roll-out of a county initiative since the ill-conceived and ill-fated Public Land for Public Good,” said County Board member John Vihstadt. “I really think that this is close to an unmitigated disaster. If our goal is to increase the supply and the affordability of child care throughout Arlington County, this in my view seems to do exactly the opposite.”

DHS Director Anita Friedman on 2/23/16Anita Friedman, Director of Arlington’s Dept. of Human Services, said the creation of the new regulations is an “iterative” process that has been underway since 2014, with input from directors of child care centers and consultation from a Kentucky-based nonprofit association.

Despite what she described as a positive public outreach process, Friedman acknowledged that there has been “a lot” of negative feedback, particularly from owners of smaller child care centers and the parents who use them.

“There are some issues with the current version,” she told the Board. “In some places, I think, because some of the enthusiasm of the child care centers and our Arlington Way of striving for the best, we may have probably overreached in terms of the best practices that we want to incorporate in there, that don’t belong in the code.”

That didn’t satisfy new County Board member Katie Cristol, who included affordable child care as part of her policy platform. She called the inclusion of some of the provisions “silly season business.”

Katie Cristol“At a time when we have young families leaving this county because it costs as much if not more to have your child in daycare as it does to pay rent… I think we have broader concerns than making sure kids have the absolute best environment,” Cristol said.

“This is really troubling to see this level of best practice conflated with code and with regulation,” she continued. “I am not comfortable inserting unbidden county government in encouraging anybody to tell a mother how to feed her child, whether that’s best practice or regulation.”

“Distraction is not a strong enough word for the real issue at play here. We have been hearing loud and clear from members of our community that this undermines trust in government. It exacerbates a sentiment that Arlington is hostile to child care centers and small businesses.”

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Child Care Providers Should Encourage Moms to Breastfeed, Says Proposed County Regs

By ARLnow.com

Play area at the Rosslyn Children's Center

Daycare and preschool providers in Arlington are decrying proposed new child care regulations as overly onerous and intrusive.

A 34-page draft of new child care center regulations would set stringent requirements for employee education, require food handling certificates for handing out snacks and would require providers to encourage mothers to breast feed, among numerous other regulatory provisions.

Child care providers — particularly small, part-time operators — are speaking out against the the changes to Chapter 52 of County Code via the county’s online “open comment tool.”

“This document was supposed to clarify things, however, it created more issues,” said one comment.

Many comments focused on new education requirements for the teachers and assistant directors at child care centers. They would have to have a Bachelor’s Degree in education or a similar major and “at least 9 semester credits of advanced study in child development or early childhood education.” Current teachers would have three years to meet that requirement.

The education requirement could financially burden employees, who may have to go back to school to get the necessary credits, and could burden child care centers by raising the cost of hiring new employees,  providers said.

“Have you considered the impact this would have on preschools and just how difficult finding teachers with these very narrow qualifications will be?” said one comment. “As former preschool board member who was in charge of hiring for two years, I can tell you that finding highly qualified teachers who are willing to work for preschool pay is already very challenging. You add these new rules and and two thirds of our EXCEPTIONAL staff would not be qualified to teach.”

“I am sure these regulations are well-intentioned and meant to foster excellent Arlington preschools,” said another. “But we already have excellent Arlington preschools. The effect of some of these costly new requirements will be to drastically increase costs, making these excellent schools inaccessible financially for some area families.”

Providers also questioned a requirement that they have a certified food handler on staff if they serve or store food.

“If we need to obtain a license for teachers to distribute Goldfish crackers, this would be unduly burdensome,” said a daycare provider. “We are a part-time center and children are required to bring their lunches from home. The only food we give them are snacks and milk for lunches, if requested.”

Operators of part-time cooperative preschools and daycare centers, which are run largely by volunteers, said that such schools should be exempt from the provisions. Staffing requirements that require specific child-to-adult ratios but only count paid staff, while also prohibiting volunteers from being alone with children, would make it “virtually impossible for parent cooperative preschools to function,” said one commenter.

Some of the most incredulous commentary was reserved for provisions that daycare providers viewed as unnecessary for child safety and overly prescriptive. Among them:

  • “The licensee will ensure that mothers are encouraged to breast feed their infants.”
  • “The interior of the building must be finished in light or bright colors…”
  • “Celebrations (birthdays, special occasions) should include mostly healthy foods or non-food treats.”
  • “Children two years of age and older will be served only skim or 1% pasteurized milk.”
  • “Staff will promote dental hygiene among children at mealtimes.”
  • “Only full-strength (100%) pasteurized fruit juice or full-strength juice diluted with water from a cup will be served to children twelve months of age or older.”
  • “… All cribs, cots and mats must be spaced a minimum of 3 feet (36 inches) apart.”
  • “[Providers must have a plan for] acquiring, stockpiling, storing and cycling to keep updated emergency food/water and supplies needed to care for children and staff for up to 3 days if shelter-in-place is required…”
  • “The licensee will ensure that a trained staff member shall conduct and document a health check of each child every morning upon arrival.”
  • “In addition to the application document, the [child care center] must submit… a business plan.”
  • “A licensee will have specific arrangements with a health care provider who will provide consultation on both routine and emergency health care issues for children.”

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Dog Tethering Rules Now in Effect

By Katie Pyzyk

A Westie at Clarendon dog park (file photo)Dog owners must now adhere to new tethering regulations passed by the County Board on Saturday (October 19).

The Board voted unanimously to adopt changes to the Arlington County Code which went into effect immediately on Saturday. Previously, the Animals and Fowl ordinance did not specifically address dog tethering.

Under the new regulations, dog owners cannot leave their pet tethered unattended for more than three hours in a 24 hour time period. Dogs tied to running cables or trolley systems with access to water and shelter can be tethered for up to 12 hours in a 24 hour period. As previously reported, the rules only apply to dogs that are not within physical reach of their owners.

Regarding the running cables or trolley systems, the regulations state:

“A running cable line or trolley system is defined as one that is at least 20 feet in length and is mounted at least four (4) feet, but no more than seven (7) feet, above the ground. Under no circumstances shall a dog be attached to a running cable line or trolley system unless the tether attaching it to the running cable line or trolley system is at least ten (10) feet in length or three (3) times the length of the animal, as measured from the tip of its nose to the base of its tail, whichever is longer.”

The county staff report on the issue states that the regulations were suggested because tethering an animal for extended periods of time can put the animal’s life at risk.

“The Board’s action today is meant to protect dogs from abuse,” said Arlington County Board Chairman Walter Tejada. “Tethering can put dogs at risk if the tethered animal is unable to get to food, water or shelter. Dogs can also become aggressive if tethered too long. Animal control officers have long made it a practice to respond to reports of dogs being tethered for hours on end. The new rules help responsible dog owners by providing clarity on what’s acceptable and what isn’t.”

The ordinance amendment reads, in part:

“It shall be unlawful for any person to tether a dog to a chain, rope or line of any kind that is too short to enable the dog easily to stand, sit, lie down, turn about, and make all other normal body movements in a comfortable, normal position for the animal, and reach shade as necessary… When the same dog is observed to be tethered in the same location that it was in after an initial observation of the dog in that location, then there shall be a rebuttable presumption that the dog has been continuously tethered in that location since the initial observation.”

The staff report indicates the Animal Welfare League of Arlington supports the new rules. Animal control officers have already responded to resident complaints of dogs being tethered for too long, according to the report.

Violations are considered a misdemeanor and come with a fine of up to $100. Residents who wish to report a violation of the dog tethering rules are asked to call the Animal Welfare League of Arlington at 703-931-9241.

Rosslyn BID Statement on Food Truck Regulations

By ARLnow.com

The Rosslyn Business Improvement District has issued a press release regarding its support for additional mobile food vendor regulations in Arlington County.

Citing “challenges” posed by the 100 or so food trucks and carts licensed in Arlington, the BID says the county should work to create a “level playing field” between mobile vendors and restaurants. Among the BID’s recommendations are regulating the “location and schedule of food trucks, trash, parking and access to restroom facilities.”

We reported exclusively last week that the BID was in the process of formulating a set of recommended county regulations for food trucks, at least in part to protect brick-and-mortar restaurants against the onslaught of competition from food trucks, which don’t make the same kind of long-term investments in a neighborhood as restaurant owners.

The full press release is below.

The Rosslyn Business Improvement District is collaborating with Arlington County and other County-based BIDs to explore different ways of actively managing mobile food vendors within the community.

Business Improvement Districts across the nation and within the greater Washington, D.C. metropolitan area are working with municipalities, business communities and other stakeholders to create vibrant hospitality zones and sociable cities, and restaurants and food trucks are part of that mix.

“Our review of this issue is a work in progress,” says BID Executive Director Cecilia Cassidy. “The goal is a level playing field, an enriched streetscape and a variety of dining experiences, while enabling brick-and-mortar food purveyors as well as food trucks to thrive.”

Over the past few years, the number of food vendors has significantly increased in Arlington, with 100 food trucks currently licensed to do business in Rosslyn, Crystal City, Ballston and other areas throughout Arlington County. Georgetown and other D.C. neighborhoods also have seen dramatic increases.

Food trucks enliven the streets and offer dining options to residents, workers and visitors, and as such can be welcome contributors to communities.

Challenges

Food trucks, however, present certain challenges.

  • Trash left behind by food truck vendors that property owners must pay to have removed
  • Pedestrian walkways blocked by food truck lines, creating safety issues
  • Limited parking spaces absorbed by food trucks, preventing customers from reaching brick and mortar businesses
  • Restrooms within property owners’ buildings being used by food truck vendors and customers
  • Health, hygiene and safety concerns

“AED [Arlington Economic Development] staff has started discussions about our retail policies with Arlington’s BIDs and Partnerships, property owners and small businesses, and mobile food vendors,” said Arlington Economic Development’s Director, Terry Holzheimer. “We recognize that any change to the rules and regulations must do three things: accommodate the needs of the mobile food vendors; address the concerns of property owners and businesses; and provide clarity for staff involved in enforcement.”

The BID is coordinating a set of recommendations with other Arlington County BIDs that will be presented to the County within the coming weeks. Based on benchmarking of best practices with other cities across the country, issues covered in the recommendations include location and schedule of food trucks, trash, parking and access to restroom facilities.

For the past 10 years, the Rosslyn BID has worked with Arlington County, local businesses and property owners to revitalize the area and create opportunities for growth. By working collaboratively with Arlington County, the BID seeks to tackle the challenges raised by property owners and tenants by devising a strategic retail plan for Rosslyn.

The Rosslyn BID has established a Retail Task Force to devise strategies to promote strong restaurant and retail development within Rosslyn, recognizing the contribution that food trucks make to the street and dining scene. The Retail Task Force has developed marketing collateral to promote Rosslyn and attract new restaurants and other retailers to the area. Chaired by Wright Sigmund of Vornado/Charles E. Smith, the Retail Task Force is comprised of community members, retailers and property owners.

“New retail opportunities are on the horizon,” says Wright Sigmund. “We have 60,000 square feet of available retail space in Rosslyn, and 44,500 square feet of retail space will be available with the completion of Central Place and 1812 N. Moore Street office towers.”

“We are optimistic that the Rosslyn community can have multiple exciting choices: both food trucks and restaurants,” says Wright Sigmund. “This issue is not unique to Rosslyn, and we welcome continued dialogue on the topic to make it a win-win for all.”

Revised Sign Regulations On the Way

By ARLnow.com

New sign regulations may be ready for adoption by the fall, Arlington County Board Chairman Chris Zimmerman said at this afternoon’s board meeting.

Zimmerman said that the board and county staff have been listening to feedback from business owners, many of whom bemoan the county’s sign ordinance as too restrictive. The county is still in the process of collecting comments on its web site and some additional sign focus groups are in the works, Zimmerman said.

County staff will work with a consultant to review the feedback and to review “best practices from around the country on sign regulation.” A draft copy of some of the regulation changes should be ready for review by the board and community groups in July. If all goes well, Zimmerman hopes to have the new sign ordinance ready for adoption “in the fall.”

The goal, Zimmerman said, is to “make business easier to do in Arlington and make the process better for everyone.”

Comcast Switches on HD Channels in Time For NCAA Tourney

By ARLnow.com

Update at 6:40 p.m. — Readers are reporting in the comments that the channels are not operational in all parts of the county.

Two days after we reported about a delay in Comcast’s plan to switch on additional HD channels for Arlington customers, the company has managed to get the promised channels up and running.

As of this morning, channels including CNBC HD, Comedy Central HD, BET HD and ESPNews HD were up and running. Also available was truTV HD, which is carrying a number of NCAA March Madness basketball games.

The new additions were made between channel numbers 800 and 900.

The channels were originally supposed to be available on March 15, according to a mailing sent to customers. After they missed the self-imposed deadline, Comcast told an Arlington County official that the channels were to be switched on no later than March 24.

Hat tip to @reidjoshua

Comcast Customers Will Have to Wait to Get More HD Channels

By ARLnow.com

Update on 3/18/11 — The channels are now available.

In a mailing that went out last month, Comcast told Arlington County customers that they would be getting “The World of More” — the company’s phrase for a slew of additional high-definition channels — on March 15.

Alas, that date has come and gone and the channels are nowhere to be seen. In fact, the only noticeable change in the past two weeks is that customers can no longer receive basic cable channels without a digital converter.

We’ve been unable to get in touch with Comcast’s PR department, but Arlington County Cable Administrator Rob Billingsley says the company has told him that it will be at least a week until the first batch of new HD channels reaches local television sets.

March 24 is now the date when channels including Comedy Central HD, BET HD and truTV HD will be switched on. The lack of truTV in HD will be a big disappointment for college basketball fans — the channel will be airing nearly a dozen NCAA March Madness games this week, including two first-round games tonight.

Other HD channels are now scheduled to come online on April 7. Those channels — including ESPNews HD, Fox Business HD and IFC HD — were originally promised on March 15, as well.

Update on 3/17/11 — A Comcast rep says all HD channels that were originally scheduled to come online on March 15 will be available no later than March 24.

According to Billingsley, the company said they were delayed in turning off the analog cable channels earlier this month. By making those channels digital-only, Comcast freed up bandwidth for the HD channels. However, no formal explanation was given for why the HD channels were still delayed.

The confusion comes at a time when Comcast’s cable monopoly in Arlington is up for review. The Comcast franchise expires on June 30, 2013, and over the weekend the county board approved a resolution that will start an official evaluation of the company’s performance.

Billingsley says the review will likely consist of public hearings and surveys that will look at Comcast’s technology, performance and customer service. Our informal poll of satisfaction with Comcast revealed strong negative opinions about the company.

Comcast Going All-Digital In Arlington, Will Add HD Channels

By ARLnow.com

Starting next month, Comcast will be expanding its HD channel selection in Arlington as it transitions to all-digital cable service.

Comcast recently mailed informational material to customers regarding the changes, and earlier notified the county’s Cable Television Policy and Administration office of its plans.

Starting on or about March 3, Comcast will stop transmitting most basic cable channels in analog. Instead, anybody who currently watches cable TV without using a set-top box or a CableCARD device (like TiVo) will need to get a digital adapter to see the channels. Comcast is offering up to two digital adapters free of charge, with each additional adapter priced at $1.99 per month.

The switch from analog will free up space for new HD channels. Comcast will offer about 50 new HD channels to Arlington customers, most of which will be included in the Digital Starter cable package. Many of the new channels will be rolled out on March 15, with a few other channels set to come on-line on April 12.

Comcast is in the midst of a nationwide transition to all-digital and Arlington is just the latest area to get the service, which the company has alternately dubbed “Xfinity” and “The World of More.”

Last month, an ARLnow.com poll of nearly 800 people indicated that many local residents are unhappy with the quality of Comcast’s service.

Robert Billingsley, Cable Administrator for Arlington County, said that anyone who has unresolved complaints about their cable service can instead contact his office at 703-228-3242. He said his office gets about 15 complaints about Comcast per month, compared to 7 to 8 complaints per month about Verizon FiOS.

See a list of the new HD channels, after the jump.

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Morning Poll: Rate Your Experience With Comcast

By Scott Brodbeck

Last night I had my most horrid Comcast customer service experience to date, and that’s really saying something. I’ll spare the details, but suffice to say that it was an hour and a half of my all-too-rare free time that I’m not getting back.

It’s not so much that the Comcast customer service agents themselves are that bad, it’s just that the customer service system in which they operate seems to be designed with the sole purpose of minimizing cost at the expense of producing meaningful solutions to customers’ problems and complaints.

Comcast has a partial monopoly in Arlington. Sure, Verizon FiOS and satellite TV are available to single family homes and certain apartment buildings and condos. But for many apartment and condo-dwellers, Comcast is the only game in town. The only option for those folks in the event of an unresolved grievance is to either grin and bear it, cancel service and forgo cable and/or internet altogether, or complain to the county’s cable administration office and hope for the best.

Competition is a customer’s best friend — a point of leverage in disputes. With any luck, FiOS will continue making inroads and internet-based TV will continue evolving into a viable alternative. Until that time, however, Comcast will continue to exasperate and frustrate those for whom going without internet or cable television service is not an option.

Rate your Comcast experience below, and feel free to vent in the comments. Who knows, maybe someone in a regulatory position will be listening.