Geneva wants homes closed

A St. Charles doctor is illegally operating two group homes for the elderly, Geneva city officials say, and they asked a court Tuesday to put a stop to it.

Dr. Robin S. Ross contends the city is not treating her fairly and is instead bowing to pressure from neighbors.

The city filed for an injunction against Robin's Nest Senior Shared Living Inc. to shut down homes at 1522 and 1819 Fargo Blvd. It says the homes lack state licenses and don't meet city safety codes for group homes.

Robin's Nest is owned by Ross, an internist. She and her husband, William Horvath, opened one home in 2006 and the other in 2007.

Ross contacted the city in July 2006, indicating she wanted to operate a "group home" at 1819 Fargo, and that she was seeking a license from the state Department of Public Health. The city told her the home would need sprinklers, emergency-exit modifications and an alarm system, said Phil Page, the city administrator.

"There is a safety risk," he said. "We're not averse to having a group home. It's not being handled the right way."

The two homes are located among the upscale houses that line the Eagle Brook Country Club. Seven women live at 1522 Fargo; two women and one man live at 1819 Fargo, Ross said.

While residents are under 24-hour care, there's also a motorized chair to navigate stairs. Robin's Nest offers an alternative to a hospital-style nursing home, Ross said.

Ross said she is waiting for the state to sign off on the license. She said she applied Tuesday to the city for permits to install a sprinkler system and other safety devices, but officials turned down her request. The city said she picked up the application Tuesday afternoon.

Ross thinks city officials are feeling pressure from her neighbors, who have complained about biohazard waste and nighttime ambulance visits, in addition to a potential decrease in property values. She cites a copy of an e-mail from community development director Dick Untch to City Attorney Charles Radovich, in which Untch writes, "The neighbors are getting restless."

"That's the problem. I picked too nice of a neighborhood," Ross said.

The state applications filed by Ross indicate the facilities might take care of people with Alzheimer's disease and other forms of dementia. Rent is listed as $3,300 per month and includes meals, housekeeping and laundry service.

The Department of Public Health could not be reached for comment.

Until October 2007 the state did not license board-and-care facilities; they were required only to register with the state's Department on Aging. Robin's Nest's registration expired July 28, 2006.

Board-and-cares must now be licensed by the Department of Public Health. Robin's Nest mailed an application to the state Nov. 28, 2007.

Another group home planned for Geneva, for mentally disabled adults, is not being required to have sprinklers. Page said that is because the residents can get around without wheelchairs or walkers, and none are expected to be bedridden. That group home is owned by the city and will be run by the Association for Individual Development.

During a city inspection of the homes on Fargo, several residents were in wheelchairs, some used walkers, and one was bedridden, Page said.

Ross said one resident has dementia and nobody is bedridden. Several use walkers or canes, and one uses a self-propelled wheelchair.

The national fire codes Geneva uses to determine whether a group home needs sprinklers depends on the number of people living there and the ability of its least-able residents to exit unaided.

Ross refuses to close the homes permanently and likely would temporarily house her tenants elsewhere until she can reopen, if the court shuts her down.

"They (seniors) don't want to live in an institution; they want to live in the community," Ross said.