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

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!

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 8^th 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

BSAFE Update...

We had a good turnout and two guest speakers for the BSAFE meeting on November 1, 2012 at the Cedar Creek cabana.

Fred Forbes of the Local Planning Agency (LPA) provided an update on the status of the proposed revisions of the Land Development Code (LDC) and the Homeless Shelter Operating Ordinance. He referred to a topographical map (Click Here - Large File) distributed at the last LPA meeting showing the four land parcels
in Bonita Springs currently zoned to allow for a homeless shelter; these parcels are outlined in yellow on the map below. The proposed revisions of the LDC would allow homeless shelters only by special exception and require a public hearing as well as a super majority vote by City Council.

The Homeless Shelter Operating Ordinance is currently being worked on by the Community Development Department in conjunction with an outside planner retained by the City. Fred said the key elements of the proposed ordinance will include the following restrictions; size limited to 20 - 30 beds, persons must hold US citizenship or have legal immigration status and have no major criminal convictions.

Banana Peel publisher Deborah Maclean, who grew up in Naples, gave the history of how a small, church-run soup kitchen in East Naples morphed into the current St. Matthews house. She sees the soup kitchen and homeless shelters as intertwined and leading to a downward spiral in the surrounding community. These same sentiments were echoed at a recent Palmira fundraiser by Sheriff Mike Scott, County Commission District 2 Candidate Cecil Pendergrass and County Tax Collector Candidate Larry Hart. All three have had long term careers in law enforcement and public safety.

Thank you to BSAFE members for your involvement and support. Without your efforts and your financial contributions a 260 bed homeless shelter could be under construction on Old 41!

Your continued involvement and support are critical, these issues are not resolved. Please attend the upcoming LPA meetings on November 8 and December 13 at 8:30 am in City Hall. It is helpful if you prepare your comments in writing, limit your comments to one or two issues and provide a copy of your comments to the Recording Secretary.

Upcoming LPA Meetings - IMPORTANT

Two important meetings are coming up for the LPA 
(Local Planning Agency) to be held at the City Hall.

November 8th 2012 - 8:30 AM

Meeting Agenda Here

The meeting will review some city ordinances, but more importantly it will have a status update on the drafting of the homeless shelter operational ordinance and LDC 4 Social Service changes.

There will be time for public comment.

If you would like to review the minutes of the last meeting, you can view them by clicking below.

LPA MEETING MINUTES FROM OCT 18, 2012 

If you would like to view the entire packet of the November 8th 2012 LPA meeting click below.

LPA FULL MEETING PACKET (LARGE 71 PAGE FILE)

A note from Fred Forbes - LPA Member...

LOCAL PLANNING AGENCY (LPA) meeting will be held on November 8th, 2012 starting at 8:30am at City Hall in City Council Meeting Room.  The attachments contain the Agenda and primary business to be discussed.  Please note the almost completed Operating Ordinance and the almost completed proposed revisions to the Land Development Code (LDC) primarily pertaining to the rewrite of regulations and definitions for Social Services Agencies will not be on the Agenda other than Item IV, a Status Report on the drafting of an almost finalized version of each ordinance (Homeless Shelter Operating Ordinance and the re-write of Social Services Agencies in the LDC and Ordinance). However, this does not preclude public comment, suggestions, criticism, etc. of these items which are not on the Agenda of this meeting. City staff and the special Land Use planner have not totally finished their revising of those two ordinances (Operating Ordinance for Homeless Shelters and the rewrite of LDC pertaining to Social Services Agencies).


December 13th 2012 - 8:30 AM


The LPA meeting scheduled for December 13th at 8:30am will deal with the Finished Draft of these two ordinances. The December 13th LPA Meeting will be a very important meeting to attend and to make public comments on about these two ordinances. We will post the Agenda and attachments containing the Finished Draft Ordinances about a week before that meeting so residents have adequate time to review and develop your comments.

Upcoming Meetings...

There are two upcoming meetings of which you should be aware.  

First, City Council meets on Wednesday, October 17 at 9:00 am to consider whether to approve the City leasing the Leitner Park land to Café of Life for $1 per year and allow for the operation of a soup kitchen on that site.  The City seems to be in favor.  You are urged to observe the current Café of Life operation under the banyan tree on Old 41.  Please pass along this information to your neighbors and plan to attend the City Council meeting.

Second, the Local Planning Agency (LPA) meets on Thursday, October 18 at 8:30 am at City Hall to further review shelter operating standards and zoning regulations.  Please see article online at the News-Press which was published this morning.  News Press Article Here.

It is important that we stay informed and keep in touch with our City leaders to share our concerns on these issues.   We will hold a  BSAFE meeting toward the end of October, and we will send out notification as soon as we have a date.

Update on Proposed Homeless Shelter in Bonita Springs

As you may know, Development Associate’s application to build a shelter of up to 168 beds at the Bernwood site off Old 41 Road is at a standstill. The City ceased working on the development application in July after outside 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’s Attorney, Kami Corbett, suggested the moratorium and without this action, the Development Order could have already been approved. The attorney for Development Associates, Neale Montgomery, is expected to make her case to City Council next month on why the moratorium should not apply to their application. Bsafe is still collecting and preserving resources to oppose a shelter in court should the City agree with Montgomery’s arguments.

During this waiting period, BSAFE Bonita, Inc. members and other interested community members have continued to participate in endlesss City Council and Local Planning Agency (LPA) meetings to develop an operational ordnance that would apply to any future homeless shelter application. LPA meetings were held on August 16, August 21 and September 11, 2012 to review proposals for an operating ordinance and zoning changes. Please refer to the City of Bonita Springs website for further details on these meetings. The next LPA meeting is scheduled for September 20, 2012 at 8:30 am at City Hall to further review the operational ordinance.

While many Bonita Springs residents and some BSAFE members are opposed to any homeless shelter being located in Bonita, it is important that we remain involved in the process to ensure proper and safe operating standards if a shelter is approved. So far, the majority of BSAFE’s recommendations have been included in the operating ordinance drafts.. Our recommendations have covered such items as a smaller shelter size of 20 – 30 residents, admission restricted to those with legal immigration status, limiting number of shelters to one, distances from schools, residential areas and other social services, the operation and oversight by professionally licensed staff, and many other points.

Some residents are concerned that working on regulations will encourage or invite the opening of a shelter, but as LPA member Fred Forbes pointed out at the August 21 meeting, “this is not an enabling ordinance.” Other LPA members have echoed those comments.

Also under the proposed changes, properties with zoning that currently allows shelters will have to go through public hearings before the zoning board and City Council. As the code now stands, approval or denial is determined by Bonita’s community development department, of which John Dulmer is the head. There are currently four properties in Bonita Springs whose zoning could allow building of a homeless shelter.