Please see the May 15, 2013 Naples Daily News article LINK HERE on the homeless shelter ordinances and subsequent legal action taken by the Estate of James Bernet against the City LINK HERE.
The City's response, through outside counsel Roetzel & Andress, LINK HERE argues that the Estate fails to state a legally sufficient claim for mandamus relief, does not have a clearly established right to a development order, has failed to exhaust its administrative remedies and that the pending-ordinance doctrine bars the Estate's substantive arguments in favor of issuing a development order without the Estate first complying with the Homeless-Shelter ordinances.
The case is being handled in Lee County Circuit Court by Judge Keith R Kyle.
BSAFE continues to retain attorney Kamala Corbett of Foley & Lardner LLP to monitor the legal actions and provide counsel.
Saturday, March 30, 2013
April 3rd Meeting Is Near
Important hearing
On March 20, the Bonita Springs City Council held the first hearing of new homeless shelter regulations. These regulations have taken nearly a year to create and have involved countless meetings by city officials, social service and legal experts, and untold hours of citizen participation.
The regulations provide protections for both citizens and shelter residents — if a shelter is ever built. They include updated zoning bylaws and a shelter operating ordinance.
They limit any potential shelter to 30 beds — a reasonable size for our small city, considering the low count of homeless found here.
Will regulations prohibit a homeless shelter? No. But the goal is to take care of our own – to do our fair share - without becoming a destination for the homeless of larger neighboring cities.
A second hearing will take place at 5:30 p.m. April 3 at City Hall, 9101 Bonita Beach Road.
As someone who has been involved with this issue for three years, I ask that you attend this hearing and support these ordinances.
Konrad Schultz, founding member, Concerned Citizens of Bonita
On March 20, the Bonita Springs City Council held the first hearing of new homeless shelter regulations. These regulations have taken nearly a year to create and have involved countless meetings by city officials, social service and legal experts, and untold hours of citizen participation.
The regulations provide protections for both citizens and shelter residents — if a shelter is ever built. They include updated zoning bylaws and a shelter operating ordinance.
They limit any potential shelter to 30 beds — a reasonable size for our small city, considering the low count of homeless found here.
Will regulations prohibit a homeless shelter? No. But the goal is to take care of our own – to do our fair share - without becoming a destination for the homeless of larger neighboring cities.
A second hearing will take place at 5:30 p.m. April 3 at City Hall, 9101 Bonita Beach Road.
As someone who has been involved with this issue for three years, I ask that you attend this hearing and support these ordinances.
Konrad Schultz, founding member, Concerned Citizens of Bonita
Sunday, March 10, 2013
Homeless Shelter Update
The City of Bonita Springs has put a great deal of effort into studying the homeless issue and drafting ordinances to allow for a shelter while protecting the city. This has been very difficult. The proposed ordinances for zoning and shelter regulation will be introduced at the city council meeting on March 20 at 9:00 a.m. The final reading is scheduled for April 3 at 5:30 p.m. Please attend one or both of these city council meetings and support these efforts.
Please note that BSafeBonita is not opposed to a small shelter--just an unregulated shelter whose size is not supported by the actual indigenous Bonita Springs homeless population. The Development Order currently on file with the city since April 17, 2012 was originally for 260 beds, far more beds than our documented homeless population. Such a large number of beds, if built here, would attract homeless populations from many other areas in Florida and the US.
BSafeBonita deems the following points most important for inclusion in the homeless shelter ordinances. These will most likely be discussed at the City Council meeting.
The City should hire an independent outside consultant to get a more accurate account of the homeless population that would actually use a shelter. Many homeless people do not want to use shelters.
In the absence of an independent count, we support 30 as the number of beds based on the latest HUD homeless information and the current population of the City. Discussion may include whether the beds are per shelter or per city.
The ordinance needs to specify “set back,” that is the distance from a shelter to a residential neighborhood, school or child care center. We are in favor of 1000 feet or more.
The ordinance needs to specify density of social services Group IV uses (juvenile training schools, homeless shelters, etc). The goal is to not have too many Group IV uses concentrated in one area or neighborhood. We are in favor of 1000 feet or more.
The ordinance needs to clarify how distance is measured between a shelter and the other land uses described in the last two points. We support measuring from property line to property line, not from a shelter facility
(building) to a property line.
Monday, March 4, 2013
Ordinance moving along
From the News Press:Bonita council roundup: Officials to move ahead with shelter ordinance
Feb 20, 2013 |
Written by:
The Bonita Springs City Council voted 6-1 Wednesday to advertise the ordinances for homeless shelter operating standards and social services zoning regulations.
Public hearings are set for 9 a.m. March 20 and 5:30 p.m. April 3 at City Hall, 9101 Bonita Beach Road.
Councilman Bill Lonkart dissented.
“I have hundreds and hundreds, maybe thousands of emails from people that live in our city, including many, all the businesses that would be impacted by this kind of circumstance,” he said. “We must listen to the people that live in this town ... and then apply it no matter what the risks are.
“There are hundreds and thousands of people in this town who do not want any part of a homeless shelter.”
The city’s Local Planning Agency came up with drafts after input from the public. After review by special counsel Beverly Grady and Bob Pritt, many items were taken out of the proposed operating standards.
City Attorney Audrey Vance said some items, such as requiring shelter clients present an identification card, would be unconstitutional, or requiring job training could be an unreasonable burden.
She believes the proposed ordinance is now legally sustainable.
Councilwoman Martha Simons asked if priority can be given to Bonita residents. “We like to serve our own,” she said. Vance said she will look into that possibility.
Councilman Steve McIntosh also asked Vance to clarify that people convicted of violent crimes will not be allowed to stay in a shelter.
The City Council also has to nail down how many individuals should be permitted at a shelter. The proposed ordinance limits homeless shelters to 30 residents at any one facility, excluding children younger than 6.
Cedar Creek residents Dave Gallagher and Patricia Zimmerman said the limit should be for 30 residents not counting children younger than 6 citywide because 30 is a rough estimate of the number of homeless individuals in Bonita.
The City Council also decided to continue applying the moratorium on shelters to the application filed last year to build a shelter of up to 168 beds in the empty bank building at 9200 Cockleshell Court, off Old 41 Road next to the Art League of Bonita Springs. The Bernwood site is owned by the estate of Jim Bernet.
Public hearings are set for 9 a.m. March 20 and 5:30 p.m. April 3 at City Hall, 9101 Bonita Beach Road.
Councilman Bill Lonkart dissented.
“I have hundreds and hundreds, maybe thousands of emails from people that live in our city, including many, all the businesses that would be impacted by this kind of circumstance,” he said. “We must listen to the people that live in this town ... and then apply it no matter what the risks are.
“There are hundreds and thousands of people in this town who do not want any part of a homeless shelter.”
The city’s Local Planning Agency came up with drafts after input from the public. After review by special counsel Beverly Grady and Bob Pritt, many items were taken out of the proposed operating standards.
City Attorney Audrey Vance said some items, such as requiring shelter clients present an identification card, would be unconstitutional, or requiring job training could be an unreasonable burden.
She believes the proposed ordinance is now legally sustainable.
Councilwoman Martha Simons asked if priority can be given to Bonita residents. “We like to serve our own,” she said. Vance said she will look into that possibility.
Councilman Steve McIntosh also asked Vance to clarify that people convicted of violent crimes will not be allowed to stay in a shelter.
The City Council also has to nail down how many individuals should be permitted at a shelter. The proposed ordinance limits homeless shelters to 30 residents at any one facility, excluding children younger than 6.
Cedar Creek residents Dave Gallagher and Patricia Zimmerman said the limit should be for 30 residents not counting children younger than 6 citywide because 30 is a rough estimate of the number of homeless individuals in Bonita.
The City Council also decided to continue applying the moratorium on shelters to the application filed last year to build a shelter of up to 168 beds in the empty bank building at 9200 Cockleshell Court, off Old 41 Road next to the Art League of Bonita Springs. The Bernwood site is owned by the estate of Jim Bernet.
Special counsel Grady said Neale Montgomery, the property owner’s attorney, was informed numerous times a moratorium was pending, and Montgomery did not request an exception.
The moratorium went into effect May 18 for 12 months, or until a homeless shelter ordinance is passed, whichever is shorter.
“Every meeting from the time we met with your staff and every meeting we had with you folks, you all knew exactly what we were doing. You knew it was a permitted use. You said you were going to process our application before the effective date (of the moratorium),” Montgomery said.
“We had a piece of property with a committed right. This was a property owner who’s invested millions and millions and millions of dollars in your community. That (Bonita Springs charter) school is there because they built that. That road — that’s there because they built it. That landscaping — they built it.
“The staff knew and you knew it was a permitted use. You have done everything possible to take away that right. That’s sad because we believed you.”
Grady responded: “Zoning alone does not provide a vested right to a particular use.”
The moratorium went into effect May 18 for 12 months, or until a homeless shelter ordinance is passed, whichever is shorter.
“Every meeting from the time we met with your staff and every meeting we had with you folks, you all knew exactly what we were doing. You knew it was a permitted use. You said you were going to process our application before the effective date (of the moratorium),” Montgomery said.
“We had a piece of property with a committed right. This was a property owner who’s invested millions and millions and millions of dollars in your community. That (Bonita Springs charter) school is there because they built that. That road — that’s there because they built it. That landscaping — they built it.
“The staff knew and you knew it was a permitted use. You have done everything possible to take away that right. That’s sad because we believed you.”
Grady responded: “Zoning alone does not provide a vested right to a particular use.”
Wednesday, January 9, 2013
Special Council Beverly Grady to Attend Meeting
Special Council Beverly Grady will attend the LPA meeting on January 10th at City Hall. She will be on hand to to respond to any concerns expressed in the memorandum.
We encourage you to come out and be a part of this final LPA meeting where the draft documents will be finalized and tentatively placed on the City Council agenda.
Also, please mark these dates as possible City Council meetings to discuss the ordinance...
February 6th 5:30pm - Permission to advertise
February 20th 9:00am - First Reading / Public Hearing
March 6th 5:30pm - Second Reading / Public Hearing
We encourage you to come out and be a part of this final LPA meeting where the draft documents will be finalized and tentatively placed on the City Council agenda.
Also, please mark these dates as possible City Council meetings to discuss the ordinance...
February 6th 5:30pm - Permission to advertise
February 20th 9:00am - First Reading / Public Hearing
March 6th 5:30pm - Second Reading / Public Hearing
Monday, December 10, 2012
UPDATE ON STATUS OF HOMELESS SHELTER
As you may know, Development Associates’ development order application to build a shelter of up to 168 beds at the Bernwood site off Old 41 Road has been on hold since July 18, 2012 when the City’s outside legal counsel, Beverly Grady, opined that the moratorium on homeless shelters that went into effect on May 18, 2012 applies to this application.
It should be noted that BSAFE urged Council to enact the moratorium and without this action, the development order may have already been approved and the site already under construction.
The attorney for Development Associates, Neale Montgomery, submitted a response to the City’s request for additional information November 6, 2012. The attachments to submittal contain almost two reams of paper plus 9 DVD’s of City Council and Local Planning Agency (LPA) meetings. In her submittal she argues that the City is legally obligated to approve the application simply because Development Associates was promised by the City that it would accept
the Application.
BSAFE ‘s attorney has reviewed the submittal and is of the opinion that there is no new evidence to support the claim that the City is legally obligated to approve the Development Order. When Ms. Grady opined that the moratorium was applicable to this application, it was well documented that Development Associates was told several times by the City that it would accept the application. Documenting the number of times it was said and which forum, does not change the facts that Ms. Grady used as the basis to form her original legal opinion.
While we believe there is no reason for Council to be persuaded by this submittal, we must be prepared to act if Council reverses its position on this issue. BSAFE is still collecting and preserving resources to protect our neighborhood from the approval of an incompatible use on this site. Development Associates and its supporters are well funded by deep pockets in Naples, who are not part of our community. It is important to have enough resources on hand, to ensure that we protect our neighborhood from a Developer who is trying to manipulate the City for its own benefit.
Meanwhile, BSAFE members and other interested community residents have continued to participate in numerous City Council and Local Planning Agency (LPA) meetings to develop an operational ordinance for homeless shelters and to review uses of all non-residential properties to make sure that the proper regulations are in place to ensure compatibility with surrounding residential uses. City Attorney Audrey Vance informed us that the City is not scheduling anything on social services matters until January 16, 2013, when Ms. Grady will present her findings on the ordinances and estoppel issues at the City Council meeting. There may be limited opportunity for input on the ordinances at the December 13, 2013 LPA meeting. Please attend this meeting and check the City website for updates.
Your involvement and financial support are critical to BSAFE Bonita!
Monday, November 5, 2012
From Fred Forbes
The City has released a nearly finished draft of the Operating Ordinance for Homeless Shelters. (You can read it by clicking here) I know that there will be some of you who may feel that there are some things missing from the Draft Proposed Ordinance, but on the whole it is very well done and reflects a lot of input from the public, as well as the Local Planning Agency (LPA). The items in boxes mean the issue or requirement has not been resolved by LPA and city staff. There are not a lot of items that have boxes on them. This ordinance along with the propose rewrite of the Land Development Code (Zoning Regulations) pertaining to Social Services Agencies which include group homes, halfway houses, homeless shelters and juvenile correctional homes or facilities has not been released yet in a finished draft. When it is we will EBLAST it to you.
Please note, things which greatly protect our City's residents have been added to what city staff and LPA started with in August. I, as well as other members of LPA, concluded that excluding anyone from staying in a homeless shelter who has a serious criminal record would address one of the "root causes" of the vast majority of public concern which is the higher crime rate associated with homeless shelters. Excluding anyone with a serious criminal record from being able to stay at a 30 bed homeless shelter (the total number of beds that can be built in our City based on 1 bed/1500 population) would keep other homeless people with serious criminal records from coming to our City to sleep in the woods, etc. while a bed opens up in the homeless shelter. Please note that I have sent an email to the City Manager and the City Attorney recommending that we add to the exclusion list, shown on page three of the attachment; attempted murder, rape, attempted rape, attempted kidnapping, escape from prison or jail and attempted escape from prison or jail.
Remember, the LPA meeting on November 8th at 8:30AM will not be dealing with these ordinances other than an update on them by city staff with some LPA input, as well as public input at the end of the meeting.
Please feel free to share this email with your friends who live in Bonita Springs due to the citywide public interest and concern over homeless shelters.
Fred Forbes, HRCA Board President & LPA Member