Topic of golf carts on town roads remains hot in Millsboro

By Glenn Rolfe
Posted 3/3/21

MILLSBORO — Pros and cons of golf carts on public streets in a golf course community may face Town Council’s road test this spring.

You must be a member to read this story.

Join our family of readers for as little as $5 per month and support local, unbiased journalism.


Already a member? Log in to continue.   Otherwise, follow the link below to join.

Please log in to continue

Log in

Topic of golf carts on town roads remains hot in Millsboro

Posted

MILLSBORO — Pros and cons of golf carts on public streets in a golf course community may face Town Council’s road test this spring.

Nearly a year after a draft introduction seeking possible town charter change through the state legislature, and two months after the town rescinded that request, golf cart allowance on the town-maintained streets of Plantation Lakes is back on the radar.

It’s a contentious issue, which has evolved over time, as the town has assumed approximately half the roadways in Plantation Lakes, streets that originally were to be private. The hot topic, discussed again at Monday’s Town Council meeting, is expected to be back on its agenda in April.

There is opposition and support.

“This is very slippery — a very slippery slope,” said Millsboro Police Chief Brian Calloway during the council meeting this week.

Chief Calloway’s commentary followed a lengthy presentation by Plantation Lakes homeowner Marty Pressley, representing residents of the community who favor allowance on town-maintained streets of golf carts that would be subject to registration, inspection and insurance/liability requirements.

“We are asking you to take this into consideration, look at towns across the country what they are doing, make a motion and allow Rep. Rich Collins to take it back to the legislature and get approval. Absent that, we ask for a moratorium on enforcement,” said Mr. Pressley.

In early January, Millsboro officials formally withdrew their 2020 pitch to Delaware’s General Assembly via Rep. Collins, R-Millsboro — a proposal that sought a change to the town charter that would permit golf carts operated by licensed drivers on certain town-maintained roads, notably Plantation Lakes.

The discussion began back at council’s Feb. 3, 2020, meeting, when members reviewed draft language prepared by town solicitor Mary Schrider-Fox. The final draft, seeking General Assembly approval of a town charter change that, with subsequent town ordinance adoption, would allow golf carts on town-maintained roadways with requirements, was sent to Rep. Collins and Sen. Gerald Hocker, R-Ocean View, for their consideration.

“I was told that they wanted it. So a bill was put together. I had the bill,” said Rep. Collins back in January of this year. “Then, I started hearing that there were some council members who really didn’t want it. Some checking was done, and it became pretty clear that there was not as much support as there seemed at first. I just put the bill in the drawer to wait to get clarification.”

Mr. Pressley said that was unexpected by Plantation Lakes residents.

“We were completely surprised to read in the newspaper in January that council had voted down the proposal they had been working on for a year, allowing golf carts in Plantation Lakes,” he said. “When most of us purchased our homes, we were told that was an amenity for Plantation Lakes. In fact, we were probably driven around in a golf cart to see our prospective homes.”

Initially, Plantation Lakes was proposed as a private, all-inclusive community. Similar private residential communities in Delaware do allow golf carts on roadways.

“My recollection is when Plantation Lakes was built, it was built on the premise of private streets, and we wouldn’t be talking about this. Now, we are being dragged into it because the streets are being made public,” said Millsboro Councilman Larry Gum, noting that the town and council cannot play favorites.

“I don’t know if we can allow golf carts on the roads just in your community and not all the rest of them. If we allow this, it is going to be the whole town. I don’t think we can deny people who live in another development the right to use a golf cart.”

Councilman Gum said the issue should be with Lennar, the Florida-based home-construction/real estate company that developed Plantation Lakes.

“So your issue is with Lennar, not with the town of Millsboro,” said Councilman Gum.

“No, sir,” Mr. Pressley responded. “When the town entered into the agreement to take over the roads, Lennar is out of the picture. They will not get involved.

The (homeowners association) will not get involved. If it was never turned over, it wouldn’t be an issue to even be here.”

Contacted Wednesday, Susan Calhoun of Lennar said she had no knowledge whether residents have been told golf carts are an "amenity" in the development.

"I don't know what was done in the very beginning of the community because we started many years ago," she said. "They started this community back in 2006."

In his presentation, Mr. Pressley offered information on Crisfield, Maryland, and Cape Charles, Virginia, communities that do allow golf carts on streets. Crisfield sought and received specific legislative approval from the state of Maryland, one of the few states that, in general, does not allow golf carts on public roadways, Mr. Pressley said.

His presentation included a comparison of golf carts and low-speed vehicles, which are street-legal, four-wheeled vehicles. Most states allow LSVs to drive on roads marked 35 mph or less.

It also included results of a survey of Plantation Lakes residents, information gathered via email, social media and 3,000 flyers placed at each door.

“The results for the surveys was overwhelmingly in favor of golf carts. In fact, it was 90%,” said Mr. Pressley. “With our survey (of) 3,000, we received 450 responses, (with) the margin of error of 4%.”

However, Millsboro Town Manager Sheldon Hudson, a Plantation Lakes resident, suggested another survey be conducted, this time by an independent third party.

“I would encourage you to have a survey based on pro and con by a third party,” said Mr. Hudson. “I live in Plantation Lakes, and I did not receive a survey.”

Major sticking points previously addressed by the town include liability, increased burden on the police department, burden of registration, regulation and enforcement of underage drivers and funding. In response, Mr. Pressley said only licensed drivers would be permitted to operate registered carts.

During public commentary at Monday’s meeting, Plantation Lakes residents Mark Kaupas and Sherri Martin opposed allowing golf carts on roadways.

“Because of the liability involved. … A lot of people have indicated to me they have already seen kids 10 years old that are riding the golf carts now,” said Mr. Kaupas, who believes this will prove to be “a major headache for anyone to enforce. Plus, the streets are not ours. They are the town’s.”

Ms. Martin agreed.

“I don’t think really the number of residents that want this should have a bearing on your decision. I really think that the decision should be made based on how difficult this is going to be to implement, to monitor and to control, and the legalities of it,” said Ms. Martin, who has resided in Plantation Lakes with her husband since 2008.

She pointed to the liability concerns of driving 20 mph and that most streets are shared with the public.

“One main part for me is putting the burden on Chief Calloway and his officers and our HOA to police and control this situation. I can tell you, my husband and I both saw underaged drivers on golf carts in the community last summer. It did happen,” said Ms. Martin. “It is not a private road. It is not a place where they have designated golf cart pathways. I really feel like if council goes ahead, … they are opening up Pandora’s box.”

Studies, data

Mr. Pressley presented data from the Louisiana Transportation Research Center, which showed that 70% of accidents involving golf carts do not occur on streets, and 2013-18 data from the National Highway Transportation Safety Administration, which revealed 29,402 motor vehicle deaths, 4,767 deaths involving bicycles and 130 golf cart-related deaths.

Quotes from seven insurance companies ranged from $44-$94 in annual premiums, with liability coverage much higher than required in Delaware, Mr. Pressley said. “This is not a liability at all,” he said.

According to Mr. Pressley, Crisfield, granted state permission, began allowing golf carts on roadways in 2018. With approximately 70 carts, there have been no accidents and only one resident complaint, he said.

In Cape Charles, research revealed that there has been one minor incident since 2008, Mr. Pressley said.

“Did you contact Bridgeville Heritage Shores?” said Chief Calloway. “You cannot drive a golf cart in Heritage Shores. We have a neighboring town that does not allow it.”

Chief Calloway challenged Mr. Pressley’s statement that “no one has ever approached the residents of Plantation Lakes … for their opinion.”

“Who here does not know me?” Chief Calloway asked. “I come to every HOA meeting with Plantation Lakes. In fact, I came to one on Feb. 18 of 2020. And I said, ‘How many of you here are in favor of the town of Millsboro adopting legislation that lets you drive your golf cart?’ And I can tell you with assurance that there were very few members that were at that meeting that agreed with that. Now, that’s not your survey.”

Since golf carts, even those modified, would have maximum speed under 25 mph, Chief Calloway said that would require a costly traffic study.

“Delaware law requires 25 mph. Any other (speed) lower has to have a traffic study,” he said.

Across the board

Town leaders are reluctant to seek specific permission for one development in the town.

“The golf cart would actually slow traffic down. I can’t imagine an 18-wheeler in back of an 18-mph golf cart,” Councilman John Thoroughgood said.

“Well, we wouldn’t in town,” Mr. Pressley said.

“You are in town,” said Councilman Thoroughgood.

“We wouldn’t be driving our carts on Main Street,” said Mr. Pressley.

“But the residents of Millsboro would,” Councilman Thoroughgood said.

“That is if you construct the ordinance in a way that everyone in town is allowed to do it,” said Mr. Pressley. “I’m saying if you look at the towns that have done this, they’ve restricted it to golf course communities. You have the option to do that.”

Councilman Tim Hodges added, “The point is still valid though, whether it is an 18-wheeler or a delivery truck. It is still a problem with traffic — and safety.”

Chief Calloway has previously clarified that golf carts privately owned by Plantation Lakes residents do not make their way onto the golf course itself.

“I enforce Delaware law in the town of Millsboro on our dedicated streets. Unfortunately, it’s either you’re all in or you’re all out,” the chief said. “The concern that I have is once these become dedicated roadways, the town of Millsboro puts signs up. … Who is going to enforce it? Then, I am going to be picking and choosing from Delaware law what I am going to enforce and what I am not. It’s very slippery.”

As an example of enforcement and liability, Chief Calloway posed the scenario of an unlicensed operator, a 15-year-old boy, being stopped while driving a cart on the town-maintained roadway.

“We tow it,” said Chief Calloway. “Can you imagine the rip that I am going to encumber when I tow somebody that is living on Glenwood? I am sure somebody is going to get angry. This is going to be a liability issue, as well.

“We are right now in Plantation Lakes worrying about parking,” he added. “The town of Millsboro has encumbered a lot. … Parking is a major problem.”

How it evolved

Mr. Hudson said it was Millsboro’s understanding that the roads would remain private when the original Plantation Lakes developer approached the town.

It also is Mr. Hudson’s understanding that Plantation Lakes, home to several thousand residents, differs from other developments because bonds are involved, he said.

“Basically, the water and sewer infrastructure are paid by the homeowners. Basically, a bond pays for them, and they are paying on their portion of the bond obligation,” said Mr. Hudson. “As a result, the quote-unquote price for these homes is lower. but then, there is a special development district assessment that is collected. It is not a town tax, but it is a special development district assessment that is collected to pay for this infrastructure. So what the town has been told is (that with) these bond documents, the bondholders are basically under the impression that these streets will be turned over to the town, so to speak, once certain criteria are met and once the town accepts them.

“I have been told that it was never the town’s intention to quote-unquote take these roads,” said Mr. Hudson. “So we have kind of inherited a situation where … they are public streets, and we have to follow state law. In Delaware, it is quite clear that state law does not allow golf carts on public streets, whether they are state or whether they are municipal. It is just not allowed.”

Members and subscribers make this story possible.
You can help support non-partisan, community journalism.

x
X