Wheaton council agrees to split cost of condo fence

After several requests for help from homeowners, the Wheaton City Council has agreed to use city funds to cover half the cost of installing a fence on the roof of the Wheaton Place Condominium in downtown Wheaton.

An agreement will be drafted between the city and the condo association stating that both parties will each pay $5,875, to cover the cost of a "fencing-type basket" that will be attached to the exterior wall of the condominium at a 45 degree angle.

The condominium's homeowner association submitted a petition in September requesting financial assistance to install the fence, due to increasing instances of vandalism and trespassing on the roof of the building, located at 111 N. Wheaton Ave.

"Our residents have been violated many, many times over the last 10 years, both emotionally and financially," said Anne Conrad, president of the Wheaton Place. "We are asking that you cast your vote based not only on the facts presented to you, but also the moral and ethical obligations you have as Wheaton City Council members to serve and protect your citizens."

Homeowners and city officials say the trespassers are reaching the building's roof by scaling a common wall on the top floor of the city's adjacent parking garage. There is about 7 feet between the highest point of the garage and the roof line of the condominium, meaning access is likely being gained by people standing on vehicles in the garage, officials said.

Several fourth-floor residents have reported trespassers looking into their units through skylights at night. Others have heard running on the roof and seen items thrown to the ground from the roof. Air-conditioning units have been broken and graffiti has been found on the roof and in the garage.

The city installed a camera system on the fourth floor of the garage about six months ago that has helped with some arrests.

Homeowners have also praised police for their efforts to resolve the trespassing issues.

Councilman John Rutledge was the only council member to vote no to sharing the cost.

"I believe our attorney has said we have zero liability," he said. "I have concern about the precedent we may be setting here."

But Councilman Todd Scalzo and other members of the city council agreed it was reasonable to provide the homeowners with some help.

"I don't believe the city has any obligation legally, or otherwise, to do this, but I think it's a discretionary matter that's within our judgment and I don't think this is precedential," Scalzo said. "This is a very unique situation and I think it's just a matter of good will that we accommodate the association."

Council members agreed any future maintenance of the fence should not be the city's responsibility. Councilman Thor Saline added that he would not support any future requests from the condo association for help in preventing trespassers, should the fence not deter trespassers as much as they are hoping.