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.

IT'S NOT OVER!

HOMELESS SHELTER ON OLD 41

CITY COUNCIL MEETING

WEDNESDAY, JULY 18

9:00AM

PLEASE ATTEND

We won...didn't we?

NO we did not...

Sorry to tell you, but the fight is still on!  St. Matthews House has left town for now but they can come back in a heart beat.  Here is how...

The development order (DO) was submitted by Development Associates.  This is the company which represents the owner of the land.  When the development order is finally approved, the land owner has the ability to bring in any organization and offer to lease or sell the land to them for use as a shelter. The development order is valid for 6 years and is tied to the land parcel. With an approved DO on the land, the hurdles are gone.  Without any hurdles, Saint Matthews House could change their mind and persue this site in Bonita Springs once more.

With the development order still being processed by the city, the threat of a homeless shelter is very real.

What can we do now?

The main obsticle right now is public knowledge and opinion.  Many people think that this shelter threat is over.  We need to educate our friends and neighbors that this threat still exists in a very big way.  In a recent newspaper article, Charlie Mauer (President of Development Associates) stated that his firm will continue to pursue the development order.  See the excerpt from the article and the complete link below...

NaplesNews.com
By Tracy X. Miguel
Posted June 24, 2012 at 4pm

...When Collier County-based St. Matthew's House announced last week that it was dropping plans to open a shelter at the corner of Old 41 Road and Cockleshell Court, the property owner said he still would pursue approval to open a shelter at the site.
"We will continue to pursue the development order as we are entitled under the city of Bonita Springs land development code," Charlie Maurer, developer for the Bernwood site and agent for the estate, said Friday. "We expect to get the development order issued shortly."
Maurer said he wouldn't discuss potential buyers or operators of the property. ...

http://www.naplesnews.com/news/2012/jun/24/homeless-shelter-bonita-springs-old-41-bernwood/ 


So as you can see by the above article, the threat of a shelter is real and we need to continue to educate our fellow residents about this situation.  The City has retained local outside counsel to research and advise whether the moratorium applies to this development order application, whether the restrictions can be made retroactive and whether the use could or should be denied for other reasons. The City has also retained a local outside planner to review the comprehensive plan.   

BSAFE Bonita, Inc. has retained an attorney to represent the residents of Bonita Springs and of course we need your financial support to continue this fight.  If you have not donated in the past, please consider it now.  If you have sent money before, we thank you for your support and ask that you donate again if possible.  Your continued support is the only way we can fight against this shelter location and protect both our children and property values.

The fight goes on!

Where does the recent turn of events leave us? SMH has pulled out, but the seller is still pursuing the same development order. Regardless of the size or who builds the shelter, the old 41 location in no more suitable now then when SMH wanted to build on the site. SMH pulling out does not mean that we don’t have the same issue, just a different name and face.
We will continue to fight to protect our children and our property values.
Spread the word that this fight is anything but over!!