this one so these homes or designed to house people with intellectual disabilities and each of these homes will how else either one or two individuals and will be supported by staff to visits that home each day as as council is is well aware these types of homes are protected by the the housing act so the these individuals have every right under the act to be located in the community just as any other family would be who occupies a home now the concern has been over the disturbances that have occurred in this home that's located going green hard drive and  when the one resident was moved into this home there were a series of disturbances that cause the police department and the ambulance service to have to respond to that home the residents of  the the area a couple of their representatives met with me for the purpose of explaining to me what the issues are that they are facing they have to do with noise in disruptive behavior it's concerns why i also had an opportunity to meet with the director of community options and what was explained to me is that the individual who's there is is an adult she's in their early twenty's and she suffers from autism and it manifests itself in and anxiety as she is approach with with new settings and surroundings and that and it was it was there or paid in that as she be in settle into the home that there would be less of these kind of problems so there were like i say a series of police calls early on in i don't believe that there have been any lately but you have a number of residents here who would like to express their concerns and speak to counsel as to what it is we can or can't do and mr chairman before we proceed any further just for the record i want to point out that my firm does represent community options so to the extent that that is relevant if i need to re the cases was actually decided in federal court as a violation of the fair housing act in the in the township not only was finding that playing was fairly minimal but the township was responsible for paying all legal expenses and that was substantial and if you do a search on that on that case you'll not only see the decisions there but you'll you'll see that that decision is cited in courts  us you know from a from the standpoint of the police department you know what it is the police department can't do when we have disturbances that would nor you know in a normal setting would would  the expectation of the peaceful use of your home is a reasonable expectation and that the township should be in a position regardless of who occupies the home to help people ensure that that's the case so i don't know whether you would do we have any first of all that we have this or the word says that in certain criteria for these houses and if we don't or there we have the ability to do that i i don't believe that you do have the ability to treat them in any other fashion than you would in any other home in peter's township in fact i'm not sure that we can tell you where all of these types of homes and facilities are because we don't require occupancy permits for existing homes so we would have no way to know that in fact one of these homes exists in part of our discussion someone  is with regard to rental properties there may be the opportunity to have require occupancy permits for rental properties that we don't require for other residential property just by virtue of the fact that they are rental properties which would be helpful from up from not only from the standpoint of knowing this whether these kind of facilities exist but it would also be helpful for us for other purposes well would it fall under  a stretch of home occupancy i mean people who are conducting business in a residential area need to have a home occupancy permit and these these facilities are protected under the fair housing act in the end there and they are like the landlord who has an obligation to make sure the property is maintained and we can hold them to all of that correct general your yes i think general property may juki and that and again you my question to the solicitor and to the police chief is what do we do with activities that occur there that for any other resident of peter's town sure it would cause us to take action what are we permitted to  do that i don't i don't know the edge of that yet myself but i think it's something we're in the process of trying to research we're going it's important that we protect the rights of the residents in the neighborhood as well as the rights of the people living in the home so like my next question is the owner of the company who is taking care of these residents what does the fair housing act say about their responsibility as far as the things that gentleman brought up may be communicating how they are not to go out and bait anyone's privacy about what's wrong with the people they are what what actions they what's wrong what the reason for their living there but how to help the residents work with the people is there any obligation that they have to the community to try to how the people are similarly if that in fact is what the purpose of this is when when  when we responded initially we didn't know what the situation was nor what the nor what the the limitations of the individual work and you know we've all seen evidence of what happens when emergency responders get to situations and you're not you don't know who you're dealing with so one of the things that has been promised us is that in fact going forward they will provide to us a profile of the individual living there so that we understand what the nature of the disability is it's so that when we respond to an emergency call we have an understanding of how to do that and do that appropriately the other thing that  from our side in terms of sharing the information the director of community options had an understanding about what had had transpired there and what had had required  police to respond but what she did not have was a copy of the police report so one of the things we're committed to doing is that when our emergency responders come to one of these facilities is that as a matter of of course we're going to provide that record to her so that she understands what's happening inside of her for sillies from their perspective but outside agency as opposed to the perspective of her employees that's so i think a positive thing that came out of that meeting but with regard to the question of whether these people are receiving appropriate care or not these facilities are licensed by the department of human services the state of pennsylvania and that's who determines what's the appropriate level of care so one of the things that i hope to do in the near future is to be able to sit down with the representative from that agency to us stand from their perspective of how this functions how this kind of facility functions within our community and to what extent do we have reporting responsibilities you know with regard to the activities that we see that occur there and i'm going even more basic question this these are permitted under the fair housing act which is  legislative act what is occurring is a violation of the basic rights of the people who live there ok they have a right to the enjoyment of their property this is guaranteed under one sexual of the constitution to due process rights so at what point do their due process rights become wildly and they would have cause of action themselves or their property i don't believe that is the function of us palate in that realm you know correct me if residents choose to pursue a nuisance claim or some other my definition is a public nuisance wanted it to your rights to a continuing basis a nuisance more nuisance business becomes a public news and you then have cause of action not the damage you have but an individual appropriate level of staff in the type of staff to take care of these people if they're running a business they are so from the perspective of the residents in the surrounding neighborhood expecting that they do what they're supposed to that also in my opinion is another aspect of that you're going to talk to them about what they're doing and there's a difference between a caretaker and a caregiver and there's also a difference between what you say you have as far as staff and what you have and everyone knows that the number of health care workers needed far exceeds the number who are available and particularly in situations with mental health and disability situations in the same manner what mr  so i think that that would be the pitch to the to the owner who said if you want this used to continue then you need to take whatever measures are necessary sure that it does not interfere with their rights to enjoy the property of the neighbors because at that point you may lose your right to the use of that property and i would agree with you mr ball and that's why we're looking to the  direction to the code enforcement officer so that in fact when we pursue this that we're we're sure that we're on firm ground and who knows that there be a clear indication of who we're bringing this this action against home hey you guys want this use you decide how to how to mitigate the problems it's not our job to tell you go to do it you do it if you can't do it then get out of the problem with that approach is that there are substantial protections under federal law and the township has been on the wrong side of an action associated with that such that the purpose of the law is to allow for the were to provide for the greatest degree of integration possible with those with disabilities such that does the township have law dictates and supersedes those ordinances from the standpoint that these homes under federal where these facilities under federal law are deemed to be residential will say single family homes as any other residential single family home and that's where from our initial investigation of township code the property main that are on the books are largely associated  issues so it really seems that it is more of a a matter for the police department and other residents as if this were as difficult as it may be you have to put yourself in the standpoint of if this were any other  home in any other neighborhood in peter's township what would be the township's response through council or through the police department you know it it is the case that in this situation there are people with disabilities and there have been issues but i think that we need to be careful of realizing that under federal law they have the right to be there and it is dissimilar from a nuisance bar or an adult establishment in the nationwide service and that that request would be would be placed in that some will make a determination partly based upon the cost of doing it whether or not to go ahead with that and  answer would probably take months to come by the problem from the township standpoint is just like with any other home we could not as a way of solving  issue between homeowners to require someone to construct demands we don't have a basis for doing that and so where do i think it's a reasonable combination yes i do do i think the township has the ability to require them to do treat them any differently then or then a regularly and work tenet situation and i don't think that you can do that you cannot put any kind of impediment to to their operation i mean if they're understaffed or they're doing something wrong then that's that's something that you know is between them in the department of human services and if somebody gets injured because they're not complying with a think you could require it because this would be this would be from the point of view of the act would be no different than any other different meaning to down if you get a chance to talk to the state with you know actual disabilities these were these were kids so who were who just juvenile that they were still license through the cellular has to be some oh i and i line a license a new facility in this community that would i would be a reason i do it again mr morris i don't know this i would assume that licenses are a matter of public record and that we should be able to be able to access that but as of right now i in the process of the of these people moving in the fire marshal asserted that we have authority in an area where we don't we don't have the ability and i can and and i have recommended that they do this but we don't have the ability to situation here is not actually meant to be like a residential situation but it's actually a business and there's got to be something in the zoning that understeers and his hero that new ones between a real rather than wait until our next council meeting which will be the second monday in november we would like to be able to be in a position to make this payment prior to that date so that we can t i was i was in the impression that there were liens and mortgages and things of that nature so i would assume that the law firms figured out all they're going to pay those liens the balance is going to go to they're going to do one of two things are either going to hold that money in the play station for the dish not to this building and they have a car in with our engineering which is also an engineering firm that we work with on those projects as well as they were creation center so we have some degree of confidence in their abilities to do this thing been and i dig it's important that once we take possession of that building that we understand what it is we purchased and the best person to evaluate what a building may or may not be able to have done do it after the fact usually structural engineer when you're going in and retrofitting a building it's a design build project it's not necessarily a start from scratch so i'm not sure they're the best choice i would have probably look for a contractor but aside from that i think unleavened thousand dollars is a lot of money are they including towers engineering's costs as part of that yes and is there a markup evaluating four buildings for twenty two thousand dollars so when i looked at this for eleven i was surprised at the amount of money i think it's a lot given we're going to get a report in drawings come i'm not sure what the itects can play and what to build but sometimes when you're looking at what you can do with what you have to work it takes people  so i would like to make a comment i apologize for being the probably the youngest peter starship president as far as years of living here but i guess my concern about that is that it is one of the old school was it is a historical building to some degree have we approached the school district have we heard from any other historical societies or have we even done anything as far as asking whether any of those people might be interested before we put it on the open market we have not up to this point but they're in once we dispose of this i do want to have a discussion with counsel about how it is we go about attempting to transfer this property regardless of who we're koreans or used to because of the problems we're having with the dea but we certainly we certainly can approach those types of organizations that that around find it whether there's an interest and we can do that separately or we can do that as part of the solicitation they're going to need to to preserve this building that's the problem and there was that there was can i just ask a question oh so there was a sign on the building for sale a while back before we even got to this point did you have better  the purpose of the of their sign was to find out whether or not there would be interest of amongst people who would be interested in buying the building and maintaining the facade of the structure and we have a list of people that have  have indicated that they would be willing to entertain that what we are proposing is that we do want to do things that we either attempt to quiet the title on the property because there is a discrepancy between what's on the deed and what we believe to be the configuration of the property and and when we go out to bid that create an upset price that says that you're going to one cover our cost of what it was we acquired the property as well as what other what it whatever else we have spent to make a determination as to the condition of the property things like that so you know in my guess is what you're looking at is a and upset price somewhere between fifteen and twenty thousand dollars to t one it was a plan subsequent to the original deed for this piece or was it prior to it would have to be or if it was subsequent then it doesn't matter doesn't control because they already did away that beast and whatever the whatever the subdivision plan after is what is said would have been irrelevant i don't know i don't see any reason why we spend any money quiting title we've got a deed it's going to meets and bounds description that's what we sell you know we're going with that but this part of the lower section of the yellow is where snyder roadies with their be any idea whether or not it might make sense to retain that and do some order to quiet but in order quiet the title you're going to have to establish a that there were either that you had adverse possession which are we going to salvage out well first of all you've got to figure out who you are asserting a claim against and probably asserting it against the fifes but you have to establish who the owners were back in eighteen whatever when that piece was carved out to you have to find all of their go back to be eighteen whatevers in and find every grandchild great great grandchild and everyone else is a potential heir identify all of them and serve them does one where you could enjoy you write what you could do you sell them the pink area you give the deed to the pink area and then you give a special warn you that piece and you give them a quick claim either give him a court claim to the yellow area which is no warranty or you do a conveyance we could if there's fences if there's posts out there is fence out there there's no question that that was the boundary area so there's no question that someone used it for twenty one years i guess in theory we could have a certain adverse possession claim it is just get do it the that describe the meets and bounds of the pink area and then do a separate description of the area and say together with all of grant tours alleged adverse possession rights in this area be maintained it would be the preferred that would be the preference so that in and we our interest isn't necessarily in maximizing the amount of money we receive for the property as it is to imbedded in that manual that talks about ways that they can reduce the speed limit by ten miles per hour but i'm not one hundred percent sure i want to make it requires an act of god or something  that it sounds like he said i don't think the residents are going to be happy with the violence along that road but thank you for sharing that i would note that opening  when i had a question about finance mr lauer knew the contracted services look like there are one hundred forty seven percent of budget was that it i misread that but what i want to work based on your e mail