City Council Open Town Meeting
iCal

Aug 7, 1989 at 12:00 AM

QUARTERLY OPEN TOWN MEETING

The Quarterly Open Town Meeting was held on August 7, 1989 at 7:30 p.m. with Mayor Richter presiding. Members present were Councilmen Hall, Daisey, Legates, Lynn, Christiansen, Salters, VanSant and Weyandt. Councilman Levitt was absent.

Members of staff present were Chief Hutchison, Mr. Lucas, Ms. Swain, Mr. Cregar, and Mrs. Boaman.

GROUP HOME FOR MENTALLY ILL - EDGEHILL AREA

Mr. Walt Crozier, representing the residents of Edgehill, addressed a proposal by Independent Living to establish a group home for the mentally ill in the Edgehill area. Mr. Crozier stated that correspondence between the City of Dover and Independent Living officials has transpired since March 1989 where details were reviewed concerning the proposal. In a letter to Independent Living, Mayor Richter requested specific acknowledgments by Independent Living including a suggestion that they meet with the members of the community to assure their understanding of the project.

It was relayed by Mr. Crozier that Edgehill residents learned of the proposal only through word of mouth of their neighbors. Finally, on July 5th a meeting was scheduled for the Edgehill residents to meet with Independent Living officials. The residents feel that the meeting was unproductive since very few questions were answered by Independent Living. A taped recording of the meeting was submitted to the City Clerk for review by Mayor and Council. The residents object to the fact that one of the homes was purchased prior to notification to the surrounding neighbors of the planned project. The neighbors understand that this is a very emotional and sensitive issue but voiced concerns with the proposal to place three unrelated, mentally ill patients into their neighborhood in an unsupervised setting. The neighbors would like to know what types of mentally ill patients will be considered suitable for their neighborhood, what type of screening process is utilized, and if the City plans to substantiate that Independent Living is truly a non-profit organization. Discussions with employees of the Planning Department have not answered the question of how the City Code defines the term "family dwelling". It is felt by many that the Code contains loopholes and that Council should take steps to provide safeguards to protect the investments of the property owners.

Mr. Crozier reiterated that uncertainty creates fear and the residents of Edgehill are very uncertain as to what the proposed project is all about and how it will affect their lives. His neighborhood is not being prejudicial or discriminatory; they simply want to know what this project entails and how it will affect the neighborhood of Edgehill. It is requested that the City of Dover adopt specific guidelines under which the Independent Living project would have to operate.

Mr. David J. Gardner of 62 Greenhill Avenue addressed Council, stating that he lives next door to the home that is planned for ANI housing. He has received no information from Independent Living or from Alliance for Mentally Ill concerning the project. He stated his opinion that this organization has an obligation to the other property owners to explain their project and to answer their questions and concerns. Noting that the home will be unsupervised, Mr. Gardner asked who will be responsible for the occupants? What if the neighbors have a problem with one of the occupants? If the rights of the neighbors are violated, can the mentally ill residents be held responsible? What degree of mental illness is considered safe for the patient to live in a residential group home? Can these mentally ill persons be held legally responsible for their own actions? Chief Hutchison stated that the degree of mental illness would be taken into consideration when determining if legal action should be taken or if the person should be institutionalized.

Mr. Robert Tudor, referring to Section I of Article 3 of the City Code, states that the term "one family residential zones" is used. The home purchased by Independent Living is within such a zone and we are now faced with an interpretation of what constitutes a "family". The Code defines it as "one or more persons occupying a dwelling unit as a single, non-profit housekeeping unit". The residents of Edgehill would like verification that Independent Living is a non-profit organization. They have been told that it is not a governmental organization although they utilize governmental funds. The residents have many questions that must be answered, such as: How are the applicants screened? Could a neighborhood representative serve on the screening board? How many patients would be living at the home at any given time? Small children board their school bus directly in front of this home - are they safe to continue to do so?

Mr. Tudor suggested that guidelines be set so that everyone knows exactly what is permitted in such a home. He also suggested that it be mandatory that a copy of the screening methodology be made available to the public and that a resident of the involved neighborhood serve on the selection committee.

Ms. Julia Pearce, Associate Executive Director of Independent Living, attempted to answer some of the questions posed by members of the community. The program to place mentally ill people in the community is a civil rights issue. These people are individuals who have a right to live in a community. Houses will be provided for four (4) or less individuals that meet the single family dwelling definition. Their organization is not required by law to hold informational meetings with the neighbors, although they attempted to do this. Independent Living, a coalition with ANI, formed a corporation to qualify for federal funding. The corporation is non-profit, as qualified through state guidelines. The patients placed in the community home will have on-going support, although it will not be on-site 24 hours per day. Relative to a suggestion for neighborhood individuals to be on the screening committee, Ms. Pearce stated that it is imperative that their clients' right to confidentiality be protected. Any other individual could purchase a home and move into a new community without revealing their past history to the neighborhood. Their clients deserve this same treatment. The screening process is handled by a team approach that includes review by a team of various professionals, social workers and family members that have an active role in working with the patients.

Mr. Daisey asked how the residents can be assured that the individuals placed in the home will not be harmful to the community. Ms. Pearce stated that detailed screening will place only those persons that are medically ready to be in the community. If for any reason the patient was not successful in the community home, they would be moved to a more restrictive setting.

Mr. Hall objected to Independent Living's restriction of not allowing community participation in the screening process, feeling that their argument is without merit. Mr. Hall cited other organizations that involve community input without violating the constitutional rights of the individuals involved.

Mr. VanSant objected to programs like Independent Living that take the attitude of having met the guidelines of the law and give no consideration to the community or to the neighbors immediately affected by their program. He predicted that similar problems will be encountered unless this organization realizes that they must work with the community and allay the fears of the surrounding neighbors. He felt that this organization has an obligation to work with the residents of Edgehill.

Mr. Weyandt referred to the letter from Mayor Richter which suggested that Independent Living officials work with the Edgehill residents to educate them on the planned project and to answer community questions. He stated that it appears that the Mayor's suggestions were completely ignored. Ms. Pearce stated that they attempted to meet with the community and were met with resistance and hostility.

Acknowledging that Independent Living has operated within their guidelines, Mr. Lynn suggested that it would be much more pleasant for everyone concerned if the entire program were explained in detail. This could be done simply as a courtesy to the residents of the neighborhood who have invested their lives in their homes and their community.

Ms. Pearce stated that her organization is willing to meet with the community and would be receptive to setting up a neighborhood advisory board that could deal with Independent Living on any problems or concerns of the neighbors.

Mayor Richter expressed his support for the concept of the program, feeling that it is an asset to our community. He stated, however, that the hostile environment of the Edgehill neighborhood will not be a very happy home for the occupants. He suggested that Independent Living work hard to change the attitude of the neighbors by answering their questions, meeting with them as often as possible, and making every attempt to educate the community on all aspects of their program.

Ms. Ruth Tee of 822 Whiteoak Road addressed the issue, stating that there is a big difference between mental retardation and mental illness and it seems that many people are confusing the two. The Independent Living group home is for individuals that have a mental illness. She reiterated that this organization ignored the suggestion of Mayor Richter to meet with the people in the community and the questions of the neighborhood are not being answered.

Mr. Charles Weller, President of the Mayfair/crossgates/Wedgwood Civic Association, relayed a similar situation that his civic association encountered with a planned shelter for the homeless. The shelter was planned just outside the City's limits and was within the jurisdiction of Kent County Levy Court. Mr. Weller took his concerns to County officials and by working together everyone's concerns were addressed. It was his feeling that the problem with the proposed mental ill project is a lack of communication. He strongly suggested that Independent Living supply copies of their guidelines and regulations to the residents of Edgehill and that the residents submit their concerns and questions in a clear, concise manner. Mr. Weller also suggested that the City set mandated guidelines under which this organization can operate.

Ms. Pam Leland, Director of Community Relations and Development for independent Living, wished to clarify some circumstances involving her organization. Negotiations on the sale and funding sources took many months to complete and the property on Greenhill Avenue was not officially purchased until June 23, 1989. It is the policy of Independent Living not to approach the neighborhood until they have control of the site since quite often the community is not properly educated on the subject and immediately oppose the project. They had every intention of meeting with the community members but did not have the chance to do so before word was spread about the planned project. She cited similar projects throughout Delaware, stating that they have never before encountered such a hostile reaction to the program. She stated that Independent Living is committed to their project and that they want to be good neighbors, reminding everyone that they have just as much of an investment as the other homeowners in this community. Responding to the various questions posed about the occupants, Ms. Leland stated that they are at least six months away from occupying the homes and they do not yet know who will be selected for the project. Her organization works with the State Mental Health system and makes every attempt to find the individual best suited to the program. She reiterated that she is willing to work with the City and the community in any way possible.

Questioned by Mrs. Legates, Ms. Leland stated that the occupants of the home will be people from the Dover area that have experienced some sort of mental illness. Responding to Mr. Daisey's request for a safeguard on the type of individual to be placed in the home, Ms. Leland felt that the community must look to the expertise of the professionals involved in the selection process. She stated that her organization would consider the suggestion of community involvement in the selection process, but stressed that the rights of confidentiality for the patient must be protected.

Mr. Weyandt questioned the type of insurance carried by Independent Living. Ms. Leland stated that they will carry rental property insurance on the home and property as well as liability coverage. She offered to look into other types of insurance policies relative to extended liability coverage for the actions of the patients.

Mrs. May Salevan of 18 Upland Avenue stated that she has worked with mentally retarded individuals for many years. Mental retardation comes in varying degrees and she felt that there must be some guidelines on the degrees of mental illness. She stated concern with the lack of supervision for the mentally ill independent living individuals. Referring to statements by Ms. Leland that some of the occupants will maintain jobs, Mrs. Salevan stated her opinion that if the patients are unable to work, then they should not have been rehabilitated, unless they are physically handicapped. It was her feeling that screening committees do not always do a perfect job and she felt that community input in the screening process would prove beneficial to all concerned.

Discussions ended with Mayor Richter requesting that Independent Living officials take the lead and follow up on the many suggestions brought out during discussions. The City will look into what guidelines, if any, should be placed upon the project.

BEN BOWINGS - 198 HAMAN DRIVE

It was suggested by Mr. Ben Bowings that the City adopt an ordinance prohibiting the use of zoysia grass since it creeps onto other properties and is extremely difficult to remove. He suggested similar action against other creeping types of vegetation such as honey suckle.

Referring to the City’s policy on refuse collection, Mr. Bowings stated that the City recently changed its procedures for bulky trash pickup. This is now accomplished on the same day as normal refuse collection, rather than a City wide bulky pickup on Monday. Mr. Bowings suggested that the City somehow notify all residents of the collection schedule change since many still think bulky refuse should be placed out on Monday and it sometimes sits in the neighborhood for many days before it is collected by the City. Mr. Bowings suggested that the City issue tickets or summonses to individuals that do not remove their mechanized containers when they have been emptied by the City, noting that the ordinance requires that the containers be removed by 8:00 p.m. on the day of the collection.

Meeting Adjourned at 9:20 P.M.

                                                                                    DEBRAH J. BOAMAN

                                                                                    CITY CLERK

                                                                                    JOHN E. RICHTER

                                                                                    MAYOR

jg