Will County Gazette

Village of Homer Glen Plan Commission met May 1.

Here are the minutes provided by the commission:

1. Call to Order.

The Meeting was called to Order at 7:00 PM

2. Pledge of Allegiance to the Flag was led by Commissioner Foley.

3. Roll Call.

Members present: Commissioner Stanly, Commissioner Lyons, Commissioner Komperda, Commissioner Foley and Vice-Chair McGary. Also present were Director Gruba, Planner Udarbe, Village Attorney Pasquinelli and Plan Commission Secretary Pesavento.

Not present: Commissioner Bradarich and Chairman Hand.

4. Minutes.

a) April 17, 2025

A motion was made to approve the minutes from April 17, 2025 by Commissioner Stanly, seconded by Commissioner Komperda. All in favor, zero (0) opposed. The motion carried.

5. Public Comment. None.

The Plan Commission Secretary swore in all wishing to speak. Vice-Chair McGary provided a statement as to the order and operation of business for the Plan Commission process.

6. New Business and Possible Action.

a) Case No. HG-2426-SP: A special use permit for a large group home (7-12 residents) for certain real property located in the A-1 Agricultural district at 17535 S. Parker Road, Homer Glen, Illinois [HG-2426-SP].

Director Gruba presented the facts of this case. I'm going to be a little bit brief there. There is going to be more information and that's in the packet that I'm not going to go over tonight.

The applicant, Romualda Thomas, has applied for a special use permit for a large group home for an existing house at 17535 Parker Road. The applicant has described the proposed use, in the application as a "large group home" for 6-12 elderly individuals who can no longer live independently. In the applicant's words, the premises would not be used to house children, medically or mentally disabled, recovering alcoholics or those addicted to drugs. The existing house is being used to care for up to six elderly residents. The house is approximately 3,625 square feet and is not intended to be enlarged as part of his special use permit.

As far as public comment, staff received one on April 23rd and then another today. I'll read one of the public comments now. A neighbor came to Village Hall to inquire about the public hearing. Staff explained that this is special use permit for a large group home from permitted six residents to seven to 12 residents. This resident said they had concerns about the further expansion and cited the following complaints for the subject property. A large dog is chained up outside and barks. Other vehicles and commercial garbage are stored outside and ambulances come at all hours and commercial signage on the site. Taylor is going to read the other one that we received today.

Planner Udarbe said, this was May 1st, 2025 public comment from Theodore and Elizabeth Verdun, Parker Road residents since 1992. This resident explained there were problems with the applicant standards as it is very subjective. She explained that this use has and can be further disruptive to the area, and told staff that there was an incident last summer with disorderly residents or patients who were not elderly, where the sheriff's had to be involved. Based on the description of the use, this would not classify as a group home, but rather as assisted living, nursing home, etc. She also said this is more of a commercial use since the applicant does not live at the property, so it cannot be a "home business" and this issue is common along Parker Road with home businesses expanding beyond what is permitted. She raised concerns about the answers in Attachment 5, where the applicant explained that nurses are not used or rarely needed in the facility, as the clients are "elderly persons who do not require medical care/treatments" and then in Attachment 3, which also states these individuals "cannot live independently", which is contradictory. This resident said a main concern is how this use has been described and how it is in reality. She later asked that I add that she review the advertised services of the petitioner's website, which included additional services, social services, and medical care such as I.V. management, tube feeding, complex wound care, and other health services as needed. These are all services provided in nursing homes, long-term care facilities, and assisted living facilities, none of which are permitted in the A-1 zone district under any circumstance. We ask that you do not recommend approval of the special use permit for the petitioner. Thanks, Beth Verdun.

Director Gruba said, just kind of moving on, an aerial image of the property. The home, kind of by itself is zoned A-1, to the south A-2 Rural Residential, and then to the west, R-2 Single-Family homes and more of a typical residential development. Here is the floor plan that was also in the packet. On the left is the basement of the house, and on the right is the first-floor plan. There would be bedrooms in both the basement and also on the first floor. That's about as far as it goes for the exhibits, but I just have some other things I'd like to add, but I'd like to keep the floor plan up while we're discussing it. Some things that were in the staff report, which I like to state again, for the record. The applicant has described the use in the application and in the findings of fact, as I noted in the report, it has been brought before the Plan Commission and processed as a large group home. However, I'd like to discuss the specifics tonight if we can, having a group discussion with the applicant who's here tonight and the Plan Commission. By specifics, I think it'd be beneficial to discuss the number of residents and the type of care provided, the number of staff and their roles, operations overall, and the two neighbor complaints that we heard about today. Also included in the report was a timeline of interactions between the Village and the applicant. Although, there have been some code violations that were in the staff report, they have since been resolved. I just wanted to note that, and I also want to note that if residents are housed in the basement or the garden level, that egress windows must be installed. That's per the building department and per the fire district. There are windows right now in the garden level or basement, but they're not egress windows. They would have to be, I guess, larger. It could be done, but it is not done at this time. I checked with the sheriff's office today because we had some complaints that they alluded that the police had been called to this residence in the past. The sheriff's office told me that they had received calls, but that they were medical calls. I think that there might have been three or four since last August when the care for the six residents or less was taking place. Obviously, the police would be contacted for medical calls, but we didn't have anything else. They did not have anything else on record. In the past, staff has drafted the findings of fact and kind of wrote it in our own words, but most of the communities that I've worked at, the applicant actually provides the answers to those 10 findings of fact and if not answers, they're kind of rebuttals to the standards. If staff does kind of answer those questions, it kind of gives the appearance that staff is making a recommendation and we're just trying to give you the facts and for you to make the decisions. The applicant has responded to those findings of fact, which are in the packet so those 10 have been responded to. I did also want to mention that tonight, Village Attorney Mike Pasquinelli is here joining us so he can help out if needed with any kind of questions. The Plan Commission options tonight, as always, could recommend approval to the Village Board, recommend approval with conditions, recommend denial or to continue the public hearing at a later date so again. At this point, if the Plan Commission has any questions for myself, I can try to answer them. If not, as I mentioned, the applicant is here with her attorney tonight.

Village Attorney Pasquinelli said, I just want to add something else to what Mr. Gruba said. Chapter 220-819 of the Village of Homer Glen's Zoning Code requires for any group homes that would be operating within our Village to have the proper licensure or certification is required by any state or federal authority. That's something that I just wanted to bring up. I didn't see that in the actual staff report, but it goes without saying. It should go without saying that, any sort of, group home that ultimately is operating within this Village is required to comply with not only all federal and state licensure requirements, but certainly, as Mr. Gruba pointed out, any of the building department or fire departments health, safety and welfare requirements. Those two conditions are requirements for any group home to operate within the Village. Director Gruba said, if I could just jump in on that, I did omit mentioning that one of the licenses is a state license from the Illinois Department of Public Health. I understand that the applicant has not obtained this license. We checked a couple of weeks ago and to my knowledge, the applicant does not have that, but the applicant is here tonight in case they do have that license from the Illinois Department of Public Health. Village Attorney Pasquinelli said, that would be dependent upon what activity or activities are taking place within the group home. The group home itself by way of the zoning ordinance, here it is and it would be allowable, certainly permissible in the A-1 district based upon our view and based upon staff's view. Looking at our zoning code as well, in order for it to operate in the Village's objectives to promote the health, safety and welfare of not only the residents outside of a group home, but also those inside of the group home. The folks operating it must have the requisite licensure or certification.

A motion was made to open the public hearing by Commissioner Foley seconded by Commissioner Stanly all in favor, zero (0) opposed. Motion carried.

The petitioner said, good evening. My name is Danas Lapkus with, the attorney who helped Roma Thomas, who is the owner, to prepare this application. I'm just here to give some background and answer any questions if you might have them. Roma Thomas, has been operating this group home for about 20 years. Her original location was in Lemont, Illinois, and her lease expired and then she purchased this house in Homer Glen in August and started the remodel and started to take care of her clients. She has five, four, six clients at the time, but there is a potential to have more like eight, nine or seven people at a time. That's why it jumps into the new category. Into the large group home instead of small group home. That's the purpose of our application. The most important thing is that nothing will change or the category will change nothing on the outside or the other group home and also for the neighbors and residents of Homer Glen. There will be no additional traffic, no construction, no utility work. All these clients are elderly individuals, but they are not suffering from acute illnesses. The ambulance visits or nurse visits are only necessary if something out of the ordinary happens and a person needs some professional help or needs to be taken to the hospital. Other than that, it should be a quiet operation so no substantial changes will occur. As for the licensure, Roma has her Illinois Department of Public Health licensure for group home for many years, and we are in the process of renewing it right now. The only change is the new address and there's some question for the department if we should apply for an initial application or apply for a renewal? We should be getting that license very shortly. There was a public comment about commercial signage at the property and Roma just told me that she removed that signage. It's not an issue if it helps so there will be no signage. That's about it. Thank you. If you have any questions, please ask.

A motion was made to close the public hearing by Commissioner Komperda seconded by Commissioner Stanly all in favor, zero (0) opposed. Motion carried.

Commissioner Stanly asked, sir, can you come back up, please? The license that is expired, was that for the Lemont address? Dan replied, yes. Commissioner Stanly asked, when did the Homer Glen facility start having people there? At what time in 2024? Danas said, the license expired at the end of February. Commissioner Stanly asked, February of this year or 2024? Danas said, of this year. Roma is trying to set up the new home right now so it's not completely operational. Commissioner Stanly asked, so there's no one there right now? Danas said, there are some individuals, yes. Vice-Chair McGary asked, could you please come up to the podium also? Commissioner Stanly asked, going back to the original question, how many people were there? Roma said, six now. Commissioner Stanly asked, when did the first one get there? Roma said, September 15th. Commissioner Stanly asked, September of last year? Roma said, yes. Illinois Department of Public Health came two weeks ago and checked everything. Right now, my license is expired, but I'm waiting for a Homer Glen license. Commissioner Stanly asked, the state won't issue the license until you have the Illinois Department of Public Health license? Roma said, yes. Danas said, the state wants to see that we have permission from Homer Glen to operate more than six people. Commissioner Stanly asked, currently, the group home is functioning with no licenses whatsoever? No Illinois Department of Public Health license and no Homer Glen license, correct? Roma said, yes. Commissioner Stanly asked, why is that? You have been doing this for 20 years? Roma said, yes. Commissioner Stanly said, so you know you're supposed to have a license. Roma said, I know, but it expired and it is coming soon. If you look in the computer it will show that it is expired because someone from Illinois Department of Public Health came to visit my patients and everything two weeks ago. Commissioner Stanly said, I have a state license as well. It's for one location. It's not for multiple. Roma said, I am only applying for a Homer Glen license. Commissioner Stanly said, the license that you had that expired was for Lemont, not Homer Glen. Roma said, yes, but I applied. Commissioner Stanly asked, when did you start the process to renew it? When did it expire? Roma said, a long time ago. It is like November or something. Commissioner Stanly asked, should you have not gotten one prior to allowing people in? Roma said, yes because my license expired. Commissioner Stanly said, I understand that. What I don't understand is how you would take on something so delicate to help out elderly people and just put them in without any type of anything. Roma said, Illinois Department of Public Health came in September and checked my facility. Commissioner Stanly said, I understand, but shouldn't you have come here first? If you knew you were getting rid of the house or the lease was expired in Lemont and you knew that you were going to buy this house and you knew what you were going to do with it when you got it, right? Roma said, yes. Commissioner Stanly asked, shouldn't you have come before us then last year and said, this is what I want to do. Roma said, Illinois Department of Public Health came to my new facility in Homer Glen. I have a license from September from Homer Glen for six people. Commissioner Stanly said, I'm looking back here all the way to June of 2024. Then on December 4, 2024, the fire department was there? Roma said, yes. Commissioner Stanly asked, what were they there for? Roma said, they were checking things. Every three months they come. Commissioner Stanly asked, for an inspection? Roma said, yes. Commissioner Stanly asked, you want, it says 12? Roma said, no. Ten or eight. Commissioner Stanly asked, this would be for your staffing, not nurses? Roma said, no. They are CNA's. Commissioner Stanly asked, what is your ratio of staffing to residents so let's say you have eight people, how many staff would you have there? Roma said, six. Commissioner Stanly said, so six to eight. Somebody is there all the time? Roma said, yes. Commissioner Stanly asked, this is 24 hours? Roma said, yes. Commissioner Stanly said, that's a lot of people in that house. The only inspections that you have right now are from the fire department? Roma said, my workers are working 12-hour shifts. At night time it is different people. Danas said, there is a little miscommunication. Roma told me that she has two staff plus her. Commissioner Stanly asked, you're there all the time? Roma said, all the time. Commissioner Stanly asked, do you live there? Roma said, sometimes I sleep there. I have a couple more, but I'll let someone else go.

Director Gruba said, I'm going to rely on Taylor a little bit here because, back in August of 2024, before I came to the Village and just as Melissa King was leaving, I believe that's when the applicant came before the Village here for an application for a daycare. A daycare is six people, children or adults, less than 24 hours a day. That I believe was signed off on, and that did not require any special use permit at that time for a daycare. It may have and again, what it sounds to be is that if there are residents now that are staying 24 hours a day, that would change it from a daycare to a small group home. This also requires a special use permit in the A-1 zone district for the Village of Homer Glen. Taylor, is that about right? Planner Udarbe said, a lot of the background is in here. There was some code enforcement with work being done on the house before building permits or before a home occupation permit. Staff, for a while was not sure exactly what was going on or what was proposed here. When Melissa and I sat down with the applicant, she had described to me, less than 24-hour care, which falls into the daycare home category, and less than six residents, which falls into a permitted use in the agriculture district. I had written a zoning letter with the home occupation describing all of the regulations for a daycare. Once the applicant applied for the home occupation, it was listed as a group home, which then Melissa signed off to approve for the group home, even though it didn't exactly match the conversations and the zoning letter that had gone with the use. She did sign off for a group home of less than six people, which is also a permitted use in the A-1 district. I'm not sure if that was a miscommunication, but there were differences between what I thought we were approving and what was listed on the actual home application business license that was issued. Taylor, I thought that small group homes also required a special use permit in the A-1 district? I'm looking at special uses right here for A-1 and then I do see large or small group homes here. Planner Udarbe said, under permitted uses there are residential uses, group care home with no more than six residents, which is permitted. Director Gruba said, okay, got it. Village Attorney Pasquinelli said, regardless of whether it was construed as a group home or it was construed as a daycare facility under either of those categories, both of those categories required that the residents therein would occupy that place for less than 24 hours, correct? Planner Udarbe said, our group care home definition, I don't believe there's a time limit on that. For daycare, I do believe it says less than 24-hour care. Director Gruba said, these are the definitions in the zoning ordinance of daycare. Planner Udarbe said, then there's nothing for group home that says there's an amount of time in the residence. Village Attorney Pasquinelli asked, was that in the form of a business license? Planner Udarbe said, yes. She listed a group care home, but that was applied for after our conversation. I had a zoning letter with a daycare home, and then the group care home was listed on the license and they were put together. They were not matching exactly, but it's what Melissa had signed off on.

Commissioner Lyons asked, is there a difference between a group home and a group care home? Director Gruba said, I don't believe so. That should be cleaned up in the zoning ordinance. Vice- Chair McGary asked, so the business license that we issued contradicts itself? Planner Udarbe said, yes. Village Attorney Pasquinelli said, in that case it certainly would fall to the applicant. We wouldn't construe a license that had any ambiguity against the person who was issued a license. In that particular instance it wouldn't be fair from a fundamental fairness standpoint. Commissioner Lyons asked, that application did limit to six people despite the discrepancy? Village Attorney Pasquinelli said, correct. Commissioner Lyons said, the June 12th call from a contractor to put in an elevator, it's not clear on the blueprints where that proposed elevator is going to go. Director Gruba said, I think that was for their former location. The one that they first wanted to go for and I'm trying to find that page right now. Planner Udarbe said, no. I think someone from our building department forwarded over a phone call to me asking what kind of permit they needed for an elevator. I can let the applicant address. Director Gruba said, I think I found it here. It's at 16940 Meadowcrest Drive. I believe that the applicant wanted to open up a group home at 16940 Meadowcrest Drive initially and I believe that the HOA got wind of it and the HOA stepped in because a group home was not permitted in their bylaws and then that stopped. Every date after that would be for the subject property here at Parker Road. Commissioner Lyons asked, does this property have a walkout basement? Director Gruba said, I don't believe so. Roma said, yes. Commissioner Lyons said, so there is no need for an elevator at the Parker Road property since there is access from the ground level to the lower level. Roma said, from the first floor to the downstairs is a working elevator. Commissioner Lyons asked, there's already an elevator? Roma said, yes. I move people up and down the elevator. Commissioner Lyons said, it's not clear where the elevator is located because that would have also required the fire department to inspect it. Roma said, we have plans and everything because we received a permit from you for the elevator. Dan said, the permit was issued by Homer Glen for the elevator. Director Gruba said, the floor plans on the screen were obtained from the building department recently. I'm not sure where the confusion might arise, but I don't see the elevator on there. Commissioner Komperda asked, has this work already been completed, or is this proposed? Roma said, it was completed in September. Planner Udarbe asked, is this like a stair elevator and it's just moving people up and down stairs? Roma said, no. It is like a facility elevator. It is normal. Commissioner Komperda said, I'm counting nine bedrooms, but originally it was supposed to be a small group home, which is six people and yet the build out was done in September with nine bedrooms, so there was already an intent to go with a larger home. Roma said, yes, I have nine bedrooms. I bought a house with nine bedrooms. Commissioner Lyons said, there will be staff 24/7. The current license is for six people maximum. Commissioner Komperda said, correct, but they have more than that and staff shouldn't be sleeping. Commissioner Foley said, they're asking for six to 12. Commissioner Lyons asked, do you currently have business insurance? Roma said, yes. Commissioner Lyons asked, you were able to obtain insurance? Roma said, I have liability insurance. I have all of insurance that I need for my license from the Illinois Department of Public Health. I can't have a license if I don't have insurance. Commissioner Lyons asked, do you currently have residents who are taking medication on a daily basis? Roma said, a nurse comes every day. We are not doing anything. A nurse does any medications. Village Attorney Pasquinelli said, part of the business licensure in the Village, would it be a requirement that a business licensee that's conducting business in the Village also comply with all state and federal laws regards to any sort of regulations or certifications regarding that business activity? Director Gruba said, I believe so. That's my understanding. Commissioner Lyons said, the applicant just said there's people taking daily medication and the correspondence from March from the attorney asked if the residents require medication and it was answered, usually no. That's just contradictory. I know that the address for the license is still Lemont and they're in the middle of that. The business website, just again, more contradictions. Some are addressed as Homer Glen and some things are referred to in Lemont. Taylor mentioned some services being offered earlier such IV management and tube feeding. Many of these would be above and beyond services. A group home, at least to my understanding would provide daily hygiene, bathing, dressing versus a nursing facility. My other question was just about the number of residents, which has been confirmed to be six maximum with the current business license. Are you requesting for up to 12? Is that still your request? Roma said, yes. Commissioner Lyons asked, all of the bedrooms listed on the floor plan would be for residents? Roma said, yes and my office where I sleep sometimes. I don't have any more questions right now.

Commissioner Komperda said, I'm still a little bit confused on the whole licensing thing. The staff that's there, did you mention that they were CNAs? Roma said, yes. Commissioner Komperda asked, all of them? Roma said, yes. Commissioner Komperda said, you have a visiting nurse that gives the medication or they give the medication? Roma said, the CNA's give everything. They are working daily. Commissioner Komperda said, I looked at the same thing that Commissioner Lyons looked at on your website. Roma said, the website is old. Commissioner Komperda said, although, under mailing address, it does have the Parker Road address on there so that would tell me that it's current. Roma said, the address was changed, but nothing else because I have a lot of stuff to do. I bought a house on May 22nd and fixed it in September. It is too fast. I had to have everything licensed and then get a license from you. Commissioner Komperda said, I'm still confused. Do you have a current active license with the state of Illinois? Roma said, it expired. Commissioner Komperda said, in February so a couple months ago. Roma said, yes, but it is the same people from Lemont checking and they came two weeks ago. If I look in the computer it will show my license expired. We need to send them a Homer Glen license. Commissioner Komperda asked, how are you operating a facility without an active license with the Illinois Department of Public Health? Roma said, I showed them the facility and everything in September. Commissioner Komperda said, in September you had an active license, but now it's been several months and you don't. When you do have an active license, does the state of Illinois have a process of how often they come in to check everything? Roma said, every year and they just came two weeks ago because sometimes everybody is busy. My license expired in February, but sometimes they don't come until May or April. Commissioner Komperda asked, your CNAs and your license, are they displayed at the place of business up on the wall or anything? Roma said, yes. Commissioner Komperda asked, do we know if that's ever been looked into, or do we know if anyone from Homer Glen and all the times they visited over there that they were able to see these licenses and check the certifications of the staff? Director Gruba said, I believe the staff was focused on how many people were there and not to exceed six residents. Commissioner Komperda asked, you did say there was a permit obtained for all of the work, correct? Director Gruba said, eventually. Commissioner Komperda asked, that has been completed? Director Gruba said, yes. Commissioner Komperda said, it seems like everything is being done backwards, and there's a lot of things being thrown out there. It's mind boggling to try to keep track of all the inconsistencies. Commissioner Foley said, it seems to me more of like an assisted living facility. I'm not saying people 55 and over are not handicapped, but older people have more needs to take care of. I can't argue about the substance abuse because I don't know, but when people get older, they get sicker and need more care. Every time you ask, it changes to fit the mold to get the license approved.

Vice-Chair McGary asked, Chris, have you looked at the paperwork that they have put in to get their state license? Director Gruba said, no. We would not be involved in that. Vice-Chair McGary asked, so we have not seen that? Director Gruba said, we have not. Vice-Chair McGary asked, can you provide us with the paperwork that was applied for the license? Danas said, yes, we can. Director Gruba said, I believe that we did request that. Commissioner Foley asked, they haven't given it to you? Danas said, we have an application, but it is not approved so I can provide the application and the old license. Vice-Chair McGary said, if you go out on the state website, is it under approval or is there anything? Director Gruba said, I have not researched that or have gone on the IDPH website for that. Commissioner Komperda asked, out of curiosity, when did you request that? Director Gruba said, I want to say February is when we last discussed that and Taylor did follow up with IDPH, I believe less than a month ago. Planner Udarbe said, I have looked on their website too and I couldn't find a way to search status of anything. I had to physically call people or email them directly to get status. Commissioner Foley asked, did you get a status? Planner Udarbe said, the first time I reached out to them, I spoke with someone in December, where they told me what kind of license that they needed was a shared housing assisted living license, but they did not have one for the subject property. In March, I followed up with an email to see the status. They said that this location still did not have one. Vice-Chair McGary asked, they had not applied for it? Planner Udarbe said, they did not tell me the status. I just wanted to see if they had one and they did not have one. Commissioner Komperda said, you just said something that I find really interesting and important, that they said they would require a shared housing assisted living license, which is not a group home. Planner Udarbe said, that's what the state calls their license. Danas said, if I may, it sounds like it's the same category, assisted living or group home. It's the same application, same filing fee, same departments. Village Attorney Pasquinelli said, provided they had the right licensure, it would fall within a group home category by way of zoning. You could have six people or seven people or eight people living in a group home environment that were getting care as if they were in an assisted living establishment. That would work within our zoning code based upon our interpretation of it. They still would be required to get the proper state licensure to do what it is that they're doing there. Commissioner Komperda asked, do you happen to know how long it normally takes once you make an application to get that? Village Attorney Pasquinelli said, that I don't know. Commissioner Komperda said, especially if you've already had one that just expired. It seems to me to renew it with a different address would be a couple of weeks. Village Attorney Pasquinelli said, I don't know that one. Commissioner Stanly said, I've done my state license online and it is right away and print it out, but that is with no change. Maybe for an address change it might be a little bit longer. Commissioner Lyons said, I think the special use property would require an inspection since I'm sure there is backlogs and more manual work required with all their licenses, rather than just to process a credit card payment. Commissioner Komperda asked, are you allowed to operate without a license? Village Attorney Pasquinelli said, in my opinion, no, ma'am. Commissioner Komperda said, that's what I would say.

Commissioner Foley said, it seems every time you ask her a question that she wasn't prepared for this whole thing and what she needed to do. That is what I think. Commissioner Stanly said, when I got my state license, I got my state license first, then applied to the Village. Commissioner Foley said, you shouldn't just open and then go get a license. Village Attorney Pasquinelli said, I think there's a little bit of confusion here. The general business license that the Village issued, certainly that was just simply a run of the mill commercial license. It might be named group home license, but the Village of Homer Glen does not have specific criteria in which we regulate because we don't have the expertise to do so. To regulate the health, safety and welfare of what is required to be a group home or a nursing home or an assisted living facility. That all comes from the state and our code specifically says in order to have a group home, that you must comply with all state certification requirements. I read that in the beginning, and that is in Chapter 220-819. I think it would be very important for two things. First, that you submit to Mr. Gruba in our Community Development Department for the commissioner's review, a copy of the license that your client previously had because she has made a statement here that she previously had a license. I think they would like to see what that previous license was, that has since expired. Secondly, and independent of that, they'd like to see the actual application that she's made to the state to see what process and what progress has been made to achieve that license. Is that correct? Vice- Chair McGary said, absolutely. Planner Udarbe said, we have seen this expired license as well for the Lemont facility. We have that, but I have not seen a new application. Vice-Chair McGary asked, does it say small group home? Planner Udarbe said, they don't categorize it like that. I believe they go by bedrooms, but let me look it up really quick because I have it. Village Attorney Pasquinelli asked, is it just Lemont's general business license or is this the actual state license? Planner Udarbe said, it is the Illinois Department of Public Health's shared housing. Village Attorney Pasquinelli, assisted living or whatever it may be categorized as. Dan said, they don't separate small or large so this is the Village. Commissioner Stanly asked, has the Village done any inspection on this property at all after the elevator or anything was done? Director Gruba said, I know that the building department has been out there. I know that the building department followed up after the fire department noted that there were more than six people. If they applied for the permits, we definitely would have gone out to inspect them. Commissioner Foley said, that is what I'm saying when they said they found more than six people there. That is another thing. Director Gruba said, like I mentioned, the fire district did notify the Village that there were more than six. The Village did a follow up inspection a couple days late and there were six or less. Vice- Chair McGary said, if they're going for a large group home, would that require the Village engineering department to go and inspect and make sure the septic system could accommodate this? Director Gruba said, I don't believe that the Village engineering department would do that or the building department. I think Illinois Department of Public Health would do that or Will County. One or the other, but not the Village. Vice-Chair McGary asked, has that happened? Have they inspected the septic system on your property? Roma said, yes. It was Will County. Vice-Chair McGary asked, do you have paperwork that says that? Roma said, they come every year and a couple weeks ago they came to check. Vice-Chair McGary asked, is there any paperwork that verifies that? Roma said, they didn't give me documents, but everything is okay. Commissioner Stanly said, there is paperwork for that. Commissioner Lyons said, they issue everyone a letter annually when the inspection is done. Dan said, we could submit the receipt.

Vice-Chair McGary asked, would there be a consensus to continue this so all that paperwork would be presented before we would consider? Commissioner Stanly said, yes. Commissioner Komperda said, absolutely. Commissioner Lyons asked, we would table the request? How would that work? Director Gruba said, to keep the public hearing open until another date. Village Attorney Pasquinelli said, I think it was closed. Director Gruba said, you're right. It was closed. It could be reopened though. Village Attorney Pasquinelli said, it certainly can. I think what the commissioners are asking for at this point is to continue this matter whether we say table it to a date certain, or we just simply continue this hearing, this to a later date, just so that they can submit that paperwork and they have an opportunity to review it. Then they can ask follow up questions once they see what's in front of them too. Director Gruba said, my only thinking is that if the public hearing is closed, I think the Village might have to re-notify all residents within 250 feet and put another ad in the newspaper, unless we kept it open. Village Attorney Pasquinelli said, the public hearing has already been closed. Director Gruba said, my understanding is that it could be reopened tonight. Commissioner Foley asked, how is she going to continue to operate then? She doesn't have a license. I'm just asking because I don't know. Can she continue to operate her business? Vice-Chair McGary said, that is what they are asking you. How are you continuing to operate your business without a license? Roma said, I have my license. Danas said, the license is expired so we're hoping to get it any day. Commissioner Stanly said, that's a big liability. Commissioner Lyons said, I asked about insurance and I don't know what the insurance says, but it could have a clause that we have. Commissioner Stanly said, that if you're not licensed then insurance is no good. Commissioner Lyons said, her insurance could say, you're insured as long as you're licensed. Commissioner Foley said, we wouldn't know that. Commissioner Lyons said, we wouldn't know without a copy of it. Vice-Chair McGary said, I can ask for a motion to continue this to another meeting. Commissioner Foley said, Chris, were you going to say something? Director Gruba said, well I thought you were making eye contact with me about how they can continue to operate without a license. That is a discussion that I could have with administration to see how that would be handled. Commissioner Foley said, that is fine. I just had to ask. Vice-Chair McGary asked, if there was a motion to continue this, it would only be if all the paperwork for the license and even insurance be presented to the Village. Everything that you have. Commissioner Komperda said, I think we have to make a list of what we'd be looking for to make it very clear. Director Gruba said, right now, it's the Illinois Department of Public Health and also paperwork about the septic tank and accommodate either from Will County or the Department of Public Health. Is there anything else? Vice-Chair McGary said, the egress windows, yes, or no? Director Gruba said, the egress windows would be required to be installed. That's a definite if there are people living there. Vice-Chair McGary asked, if this does have a walkout basement, would they still be required to have an egress window? Director Gruba said, yes. That was my discussions with the building department and also for the record, I don't see a walkout on this floor plan from the basement, so I'm confused by that. Vice-Chair McGary said, I don't either. That's why I feel like you need an onsite inspection. Where is the elevator? We don't see that.

Village Attorney Pasquinelli said, I think what Director Gruba is doing, is trying to get a laundry list of the things. Vice-Chair McGary said, egress and license. Commissioner Lyons asked, a license application, just to be specific? Vice-Chair McGary said, everybody has a website. It should say under review if it's applied for. That is what you need to see. Commissioner Lyons said, it doesn't. I looked it up. Vice-Chair McGary asked, it doesn't say under review? Commissioner Lyons said, it says the date it was issued and the date it expired. Commissioner Komperda asked, did you write down insurance? Director Gruba said, I did write that down and I think we can put the egress question to rest though. If there are persons that are living in the basement or garden level, egress windows are absolutely required no matter what. Commissioner Lyons said, if we could also include in our package so we have the full timeline of information and the construction on what this layout is showing is the current layout of the facility. Commissioner Stanly said, some pictures, if possible, too. Director Gruba said, I'll have to check to see if the Village has the right to be able to inspect the property, or if we need permission, or how that would actually work. Commissioner Lyons said, well just to include in the timeline when that permit was applied for. You would have had to go and see it maybe at some point during that application or completion. Village Attorney Pasquinelli said, if they have a current general commercial business license within the Village of Homer Glen, part of that license is the authorization for the Village manager or his or her designee to conduct an inspection of the premises to which we license to conduct business for health, safety and welfare purposes. The quick to answer your question, yes, the Village does have that authority. Obviously, you don't do a surprise visit. It has to be reasonable inspection, reasonable time, reasonable manner, that sort of thing. Danas said, there is no problem with the inspection anytime, just let her know. Vice-Chair McGary said, so egress, license, insurance. What else? Planner Udarbe said, I have septic, photos and full timeline on construction. Commissioner Komperda asked, what about a license for all of the staff? Are they actually qualified or is that the state that has to figure that out? Village Attorney Pasquinelli said, I think that would be part of their application for an assisted living. The criteria and the licenses, I think they have to be posted. There's a whole slew of criteria that they have to follow once they get that state licensure. Commissioner Stanly asked, for your staff, are you hiring from a service or are you hiring them directly? How does that work? Roma said, I have an employment agency that I use. Commissioner Stanly asked, what's the agency? Roma said, caregiver's agency, Roma HealthCare and Self-Employment Agency. Commissioner Stanly asked, that is the agency that provides the CNAs to you? Roma said, yes. Commissioner Lyons said, that is her company. Are you CNA's staff or are they contracted with another company? Roma said, my staff. They have a caregiver certificate. Vice-Chair McGary said, egress, license, insurance and septic from Will County. Those four things we would need before rescheduling a public hearing for this agenda item. Director Gruba said, actually, I counted a few more. May I summarize? Vice-Chair McGary said, yes. Director Gruba said, a copy of the Illinois Department of Public Health license, paperwork of the septic tank. If they can accommodate up to 12 people or six people, either from Will County or from the Department of Public Health, any insurance that we would need to see, that they would need to carry, a full timeline of all the events. The things that have taken place since they went to this location. Is this floor plan correct and also, photographs of the site. Village Attorney Pasquinelli said, also, an inspection from the Village for purposes of assessing the current condition. Director Gruba said, that is what I have. Vice-Chair McGary asked, can you supply the applicant with that list so we don't waste their time or ours coming back without it? Director Gruba said, those seven items, yes. Village Attorney Pasquinelli asked, Councilman, you're agreeable to that, correct? Dan said, yes. Director Gruba said, we wouldn't be able to get on the May 15th because we won't meet the state noticing requirement deadline. It would have to be the first meeting in June if we can get the information in time. Vice-Chair McGary asked, do we want to set that date or do you want to leave it open? Village Attorney Pasquinelli said, set that date. Vice-Chair McGary said, okay. It will be set for the first meeting in June.

Vice-Chair McGary asked for a motion to continue this agenda item to the first meeting in June. Commissioner Lyons made a motion. The motion was seconded by Commissioner Stanly. A roll call vote was taken with Commissioners Stanly, Lyons, Komperda, Foley and Vice-Chair McGary voting in favor five (5) to zero (0). The motion passed unanimously.

Planner Udarbe said, that first meeting is going to be June 5th and that's a Thursday again. The deadline for those documents will be May 15th in order to get the noticing done for that meeting in time. Village Attorney Pasquinelli said, so two weeks. Director Gruba said, if we can get it sooner, that would be helpful. Planner Udarbe said, would we have to set a new date and make a new motion if it doesn't go to that meeting? Commissioner Lyons asked, if they don't get it to us in time? Village Attorney Pasquinelli said, I mean, it'll be a quick meeting if they don't. Commissioner Lyons asked, we would still have to hold the meeting regardless? Village Attorney Pasquinelli said, yes and then you can decide what you want to do with it. Vice-Chair McGary asked, do you want to provide that to them in writing? Planner Udarbe said, yes, we will do that. Vice-Chair McGary asked, do you have anything else that you wanted to add? Dan said, no. Thank you. Commissioner Lyons said, before we move on can I ask a question about the project manager reply on March 10, 2025, I referenced earlier? Do any of the residents require medication provided by a nurse? They said usually no, unless somebody is sick. The testimony today was daily. Do any of the residents require care by a nurse? They said usually, no. Sometimes, a visiting nurse. The testimony today was that there is CNA staff providing care daily. Based on the definitions on page two, assisted living facility, these services can also include on site medication management for intermittent health care services from qualified providers. I'm not sure what the line is reading definitions here for a group home versus or assisted living facility. I'm not clear on the definitions of that. Director Gruba said, you touched on a very important topic that maybe we didn't get to. The zoning ordinance as it's written now, this use might be able to be construed as a nursing home by our definition, currently. It could also be construed as an assisted living facility. Since there seemed to be a little bit of confusion that was happening, we decided to process it as a large group home tonight to have everybody on the record. We want to make sure that we're not running afoul of any state law or federal law that our zoning ordinance might not be completely fouling. It might require a text amendment in the future so that we stay in bounds of state and federal law. It makes it a little awkward. Commissioner Lyons said, especially because the state combines assisted living and shared housing under one license. Director Gruba said, I don't know if that helps much.

Commissioner Komperda said, we would not allow assisted living at that location if that is what it was going to be? Director Gruba said, that is correct or a nursing home. Village Attorney Pasquinelli said, for purposes of our zoning, we want to take a look at this simply as a group home. As far as the type of licensure that's required by the state or federal government, that is where you get into the particulars of the activities that are taking place within the home. As far as from land use, whether they're infirm, six people or whether they're able bodied, six people or 12 people, it makes no distinction. We treat it the same. It's a group home. If it meets the criteria, it meets the criteria of a group home. There it is, regardless of any sort of distinction as to what activities are taking place inside of that home. That's how the Fair Housing Act interprets these things. How we treat one group of people, we have to treat the same as another group of people. In this particular instance, and speaking with staff when they had spoken to our office, we are construing this as an application for a group home. To whatever extent we need to tweak the ordinances and statutes to make that happen, we will. The ordinances meaning our text amendment or otherwise. Commissioner Lyons asked, we would do a text amendment to fit this specific application rather than a special use permit to make it work? Village Attorney Pasquinelli said, the special use permit is applicable in this agricultural district for a group home. That already is in place. It's just where there is sometimes some confusion is how we define in our ordinance what a group home activity is, isn't necessarily for us to define, for lack of a better word, that's for the state to define and how they license the people doing the services inside the building. We're concerned with making sure they have a license. The state gives them the right license to do what they're doing inside of it then, for all intents and purposes, health, safety and welfare is being taken care of inside of that premises. We are reviewing the land use outside the premises. Vice- Chair McGary asked, if the state gives them the license for the equivalent of a large group home, then we have no standing to say no? Village Attorney Pasquinelli said, no. I mean, you would have to then review this whole process. You would have to go down the special use application process and your findings and determine how, if at all, it impacts the surrounding community and so on and so forth. You could certainly put conditions on whatever you decide to do and making sure that they are complete compliance with health, safety and welfare building, fire and also, state licensing requirements. Commissioner Foley said, I would give her the benefit of the doubt, but she's very vague about what she's doing. I guess that's the correct way to put it. Commissioner Lyons said, a lot of contradictions. Village Attorney Pasquinelli said, you all don't know what it is she really wants to do because she's explaining something and there are a lot of questions. There's a lot of questions as to what they're doing so regardless of what category we're putting this in by way of our ordinances, it would fit, arguably within some sort of a group home definition. Certainly, it would fit within a group home definition within the FHA for housing act and review.

7. Other Business.

None.

8. Reports of Plan Commissioners and Staff.

Director Gruba said, just to bring the Plan Commission up to speed on some other things going on in the Village. We're waiting for a few projects to make formal applications. I'm not sure if it's appropriate to talk about them if we haven't received the application yet, but I think we've got an idea of what some of them are. We will have some work that's going to be coming to the Plan Commission soon. No word after the workshop about Dunn Farm. We assume that they'll give us a proposal. They are probably thinking about what they want to do with the feedback that they received at the workshop. Commissioner Lyons asked, do we know who they contracted to do the construction? Director Gruba said, I don't think so. I don't think we have that information. The preliminary plat and the preliminary plan were approved by the Board for Hidden Valley a couple of weeks ago. The final plan and the final plat will be coming before the Plan Commission. That would be once they get their final engineering then it'll be coming back before you all and then going to the Board for a final, final approval. That's moving along. If there are any other questions about any of the developments that anybody is curious about, please ask me, but before you ask me, I just wanted to point out that, Sarah is going to be leaving the Village, unfortunately, on May 9th. This is her last Plan Commission meeting. Thank Sarah for the note taking that she has been doing. Also, with Sarah's departure, we posted a job posting yesterday for a junior planner. I think that with Homer Glen having almost 25,000 people or thereabouts, we're probably due for at least three planners. Village of Frankfort has 20,000 people and they have three planners so it's pretty simple math. Commissioner Foley said, with the projects, I know you said you really can't say, but are they bigger projects? Director Gruba said, we've kind of talked about it before, and I don't think there's anything that might be necessarily illegal about talking about it. One is that we're waiting for an application for Dunkin. We've talked with them a whole lot and any day they're going to be applying. I'm not sure when they actually have to move out or if they're already moved out. The other is Chase Bank that wants to move into the Chili's restaurant. Commissioner Foley asked, they are back in now? Director Gruba said, yes. They're moving forward with that. We're having a meeting with them on Monday and I assume that they're going to be putting an application in, fairly soon. We just met with other developers for preliminary meetings. Commissioner Foley asked, residential, or no? Director Gruba said, some residential.

9. Adjournment.

A motion was made to adjourn by Commissioner Komperda, seconded by Commissioner Lyons. All in favor, zero (0) opposed and the meeting was adjourned at 8:14 PM.

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