Legal advice needed before approval

Eric and Jackie Phelps (sitting, front) appeared before the Cornell City Council in a public hearing Aug. 5, to answer any questions about their proposed four-client adult family home. Because the couple’s group home is too close to an existing facility, the Phelps asked for an exemption to the state statute, which the council can provide. Photo by Ginna Young

By Ginna Young

Owned by Eric and Jackie Phelps, a house at 104 North 11th Street in Cornell, currently serves as a two-client adult family home. Now, the Phelps, who live on the premises, want to expand their business to a four-client home.

However, because of a 2,500-foot rule on the spacing of adult family homes, for three-bed facilities or more, the Phelps are in limbo to make the expansion happen. Per Wisconsin Stat. sec. 62.23(7)(i), with the Phelps’ home located about 2,300 from another adult family home at 308 East Townline Road South, the couple requested an exception from the Cornell City Council.

“If that one (Townline Road group home) wasn’t there, they could go ahead and do it,” said city administrator Dave DeJongh at a public hearing Aug. 5.

“So, does the city have the authority to overturn that?” asked Lisa Spegal, neighbor of the Phelps.

DeJongh says when the 2,500-foot limit law was put into place, the legislature provided local governments to permit an exception, if they saw fit.

Before giving or denying approval, the council needed a few answers to questions.

When describing the Phelps’ family home, there would be up to two staff members per shift, if the four-client model is approved.

“Depending on the level of care of the client, it would require either one or two to be on staff, per shift,” said Jackie.

“It just depends on the clientele,” said Jerry Phelps, Eric’s father, who also owns group homes.

While some of the neighbors in the vicinity knew a group home is what the Phelps intended the house for, some indicated they had no idea of the plans.

We had no knowledge of a group home on our street, said neighbor John Paradies in a letter written to the council, adding that he feels continued expansion of the group home would create a negative value on nearby homes.

Eric said a study shown in Marshfield, is that group homes do not devalue neighborhood homes.

“I have to totally disagree with that,” said neighbor Judy Talbot.

Talbot pointed out that most houses have a garage of some sort and that the Phelps’ plan says there is space for parking nine cars.

“To me, parking nine cars is a parking lot,” said Talbot.

She also mentioned that because they are on a dead end road, people who visit the adult family home turn around in the Talbots’ drive, and set off the camera and sensors on their property.

Neighbor Cindie Klass says she talked to a realtor and that person said having a group home nearby does decrease the valuation of a home.

“It’s the clients home,” said Eric. “They are looking for a home. We’re trying to provide a home to people who can’t take care of themselves. All we’re trying to do, is give them a place where they can have a loving family-type of environment.”

Jackie said the purpose of group homes is to keep people with disabilities out of institutions, that it’s nice for them to be part of a family setting.

“Some people don’t have that option,” she said. “I’m trying to give them a chance at enjoying their life, out of institutions, as part of the community.”

The clients of the Phelps are listed as high-functioning, but may need help to shower or prepare a meal. Talbot asked why the Phelps have to go from two to four clients, to which Eric said it is to provide income for the couple to live on.

“This has been our dream since we bought the house and before we bought the house,” he said.

Eric says they want to start a business for themselves and be their own bosses. The couple each have bachelor’s degrees and while Eric has been around similar clientele since he was a child, Jackie has 10 years of working in group homes.

The Phelps won’t live at the 11th Street residence if the four-clientele approval is given, but will be on the premises every day. Talbot asked who would take care of the lawn and snow removal if the Phelps didn’t live there. Eric says that falls under their responsibility.

If the home was to continue at two clients, the couple is considered non-staff, but if it went to four, it would then be staffed, since the Phelps would live elsewhere. An LPN (Eric’s aunt) is on-call at all times, if need be.

Council member Steve Turany asked on the status of the couple’s clientele, without compromising their privacy.

“It’s not a halfway house?” asked Turany.

“We are not going to be a halfway house and we’re not going to be a mental health house, and we are not a behavioral house,” said Eric. “We do not have clientele that are aggressive.”

Eric said no alcohol is allowed and the residents are not allowed to smoke tobacco inside, but says they cannot prevent the clients from smoking outside.

According to a letter outlining their plans, the Phelps said they could serve those with traumatic brain injury, those developmentally and physically disabled, those with mental illness, advanced age and early stage dementia/Alzheimer’s. With those classifications, council member Ashley Carothers said that may be cause for some concern.

“It seems like every one of these, at some point, could be categorized as being aggressive,” she said. “How do you know for sure that’s not going to be the outcome?”

Jackie said that extensive questioning happens at the place the potential clients are currently, to determine what their behaviors are, which gives the placement home a good idea of how the client will react in their setting. She said the couple would deny entrance to their group home, if they thought the client would not be a good fit.

Eric agreed, and said they have 100 percent control over who their clients are and can give those living there 30 days notice that they must vacate the home, if behavior needs get to be “too much” or if someone requires end-of-life hospice care.

Carothers asked what the relationships with neighbors are near the Phelps’ house.

“With a business like this, at some point, you may need their help…if someone were to leave on foot,” said Carothers.

Eric said three out of four neighbors have been really good about what the couple has planned, while one has not seemed happy with the situation. Spegal and Klass said they feel as though the couple is not approachable.

“It’s not the responsibility of the care provider to run people down,” Jerry pointed out. “It’s their responsibility to escort them and then that will buy time for law enforcement to come, if necessary.”

Spegal asked if there has been any police contact since the facility started. Eric said there was one instance, when a new client refused to add sheets to the small load of laundry they started and simply walked out the door.

“We can’t physically stop them and we can’t restrain them,” said Eric.

That person only made it two blocks before they became tired and the sheriff escorted the client back to the home. Eric said they have had no further problems since then. Eric said, with COVID, clients no longer pay pre-placement visits to the new group home, but are dropped off and it’s learn-as-you-go, which can cause issues.

“Do you think incidents like that are going to increase with four clients, instead of two?” asked Turany.

Eric says COVID could play a role, if things shut down again as cases rise, but that he hopes things will return to a more normal setting.

“We’re hoping to get back to visits and transition a little better,” said Eric.

Spegal said a potential angry person that can walk out into the neighborhood, along with the recent addition of a special needs child in their block, has her concerned how that dynamic might affect the child.

“How can you predict human behavior?” she asked, adding that individuals on the list for a group home are there for a reason and that she works in a similar setting.

Spegal also feels the couple has a lack of experience. Jackie said they are required to undergo training each year, as well as anyone they employ.

“I’m going to be available, no matter what,” said Jackie.

Carothers asked if there will be a probationary period for the four-client home if approval is received. DeJongh said the council can review the exemption each year, as long as it is initiated by a neighbor, if they have concerns of the health and safety of the group home’s residents.

Spegal questioned why, when she and her husband, two decades ago, asked to build an expansion on their home, they were told no for an exemption. She asked why the council would make an exception for one, but not for another, when they were told that the rule is the rule.

“How is that different than this situation?” said Spegal.

Klass also said that if the council allows the exemption, more people may ask for exemptions for the four-bed facilities.

“So, if you, as the council, vote this yes, be prepared,” she said.

Eric said if the council decides not to allow the exemption, he is prepared to seek legal counsel. Jerry added that in Marshfield, that city lost a similar legal battle in 2011, because the city denied fair housing for disabled persons.

“It’s a violation of the ADA Act (Americans with Disabilities Act) and so then that overrules any state legislation,” he said.

The council felt they did not have enough information to make a decision, until the city’s attorney can provide guidance on the proper legal procedure. The matter was tabled for the time being and will be brought forth at a later meeting.