SW FLORIDA NEWS
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updated: Tuesday March 1, 2008
CONSERVATION & THE ECOLOGY
Families to choose: septic or sewer?
Judge will have his say in Bonita Bay eagle plan

2/24/08

Volunteers descend on debris, trash
Saturday cleanup draws 100 people

2/24/08

Collier debate brews over town, panthers

2/24/08

Drought keeping Gulf waters 'crisp,' 'beautiful'

2/25/08

Economists put faith in Florida farmers

1/31/08

Places to see manatees when winter chills our waterways

12/28/08
Commission OKs more funds for DRGR study
Once-a-week watering

12/22/07

Gopher Tortoise May Cost Developers

1/7/08

Our Favorite Snowbird - The Manatee

12/17/07

COMMUNITY
Health Department shuffles staffers
Higher fines proposed for noise, curfew violations

2/24/08
Bonita Blues Festival scheduled for March 15

2/25/08

SW Fla.'s hottest couple isstill real estate, golf
1/31/08
Lee showed the way for Florida's tax cut

1/31/08

Weather obvious benefit in selling real estate here

1/24/08

Record turnout
in Lee;
County to improve dangerous beach road

1/20/08

Portability - All You Need to Know
SW Regional Airport Among The Cheapest
Sluggish economy isn't slowing snowbirds
SW Florida Faired Well in Congress

12/25/07

Spending Bill Targets SW Florida for $5.400,000

12/19/07

EDUCATION
Crist seeking $1 billion more for education

1/18/08

Budget woes stall
FGCU's growth
1/24/08
Odds improve for school of choice in Lee

1/20/08

Low school enrollment slows plans to expand
Fort Myers High one of best
at college prep

12/3/07

Grant denial to slow math,
science programs

12/2/07

INSURANCE ISSUES
Allstate back
in business

1/19/08

No policy writing at all for Allstate

1/18/08

FEMA Amends Lee Flood Maps

1/15/08

State to Pull Plug on Allstate Policy Sales

1/15/08

Allstate Hearing Small Piece of Investigation

1/15/08

Insurers called
on carpet
We're still waiting for insurance relief
Florida sets stage for national insurers
State Farm reduces rates in Florida


The National Flood Insurance Program Summary of Coverage

11/12/07

Committee Looks to Hurricane-Proof Florida

3/1/07

Homebuilders Balk at Building Codes

2/27/07

New Rules For Auto Insurance

10/1/07

No PIP 'til After Valentine's Day

10/4/07

PIP Pause
Ends Jan. 1

10/6/07

Cut
Insurance
Costs

10/7/07

FINANCE & REAL ESTATE
Amendment 1 boosts housing market in Lee

2/25/08

Wall Street Journal lists 153-acre Cape property

2/25/08

Housing slump is increasing affordable housing availability

2/28/08

What will $250,000 buy?

2/25/08

Allstate back in
business
1/19/08
Low prices, interest rates spur buyers to act
Study: SW Fla. 'Hot Spot' to establish new business
Office market beating trend. Some pockets weak; others remain strong
Hawthorne stands strong during
real estate bust
Abandoned wells cost Lee County daily
Bonita councilman suggests
merging city: Estero
Real estate frenzy of 2003-2006 was artificial blowout.

12/2/07

Florida House Passes $12 billion Tax-Cut Plan

10/29/07

Commercial Property Sales
and Leases

11/11/07

Credit Crunch Makes It Difficult to Lasso a Mortgage

9/13/07

Banks More Willing to Accept Short Sales

11/7/07

Canadian Loonie Value Lucky
for Fla

10/7/07

Realtor Says It's OK To Buy Real Estate Again.

11/11/07

Realtor Says It's OK To Buy Real Estate Again.

12/2/07

CONSTRUCTION/
COMMERCIAL
Builder files
bankruptcy
Airport land
buy endorsed
Bonita Beach Road widening progressing
Developer has plans for fish camp

2/3/08

BUSINESS ROUNDUP

1/16/08

COMMERCIAL TRANSACTIONS

12/2/07

$150,000 Construction Project Set for Tarpon Bay

11/11/07

Housing Permits
in Lee County Remain Low

11/14/07

TOURISM
Region Listed in Top 10 Fastest Growing Beaches

1/15/08

OCTOBER TOURISM UP
AIRPORT AMONG CHEAPEST

12/18/07

January 13, 2008
Section: Election

Property tax proposal Q&A
news-press.com

On Jan. 29, voters will decide Amendment 1, a $9.3 billion property tax package proposed by the Legislature. For approval, 60 percent of voters must say yes.

Here are questions about it:

Why are they messing with Save Our Homes?

Save Our Homes is safe. Pass or fail, Amendment 1 does nothing to the tax protection. It proposes "portability" of SOH benefits -- allowing resident homeowners to sell and take their tax shelters to a new home -- but whether that passes or not will do nothing to change SOH, either its annual 3 percent cap on assessment increases or the built-up savings you may have.

I'm all for a tax break, but I don't want fewer cops. What will this do to my county and city?

Depends on whom you listen to. There is no debating the fact local governments will get less money -- counties, cities, schools and special districts are estimated to get $9.3 billion less over five years. Supporters say local governments got fat during the real estate boom and need to give up some of those bubble-steroid budget bumps. Opponents say less money can only mean fewer police officers, fewer firefighters, less money for classrooms.

I like the homestead exemption, but I believe portability is crazy. Can I cherry pick from elements I like and vote against those I don't?

Nope. All or nothing. Amendment 1 is a single question.

I'm not a Florida resident. What's in it for me?

Not much. First off, don't worry. You can't vote on it anyway. But if resident Floridians pass it you will get a 10 percent annual cap on assessment hikes. Big deal, you might say, but such a cap would prevent the worst-case-tax scenarios from the much-missed real estate boom happening again.

How much would I get from doubling the homestead exemption?

First off, it's not really doubling the homestead exemption. It's a $25,000 exemption all right, but on the assessed value over $50,000 and only for non-school taxes. Because school taxes are often the biggest ticket on the property tax bill, that means it's not really going to double the existing $25,000 exemption you have. On average, around the state it'll mean $240 in a resident homeowners' pocket. The higher the non-school tax rate in your county, the more you'll save.

How does portability work?

You're a resident and own a house so you have Save Our Homes protections from taxation. The longer you've lived where you are, the bigger that tax break is. As it is now, when you sell you lose those tax breaks and start over. Not with portability. If you move to a bigger house, you take it all with you -- up to $500,000. If you downsize, you take a portion with you. If a quarter of your home's value is protected by SOH, a quarter of your new home would be protected. If three-fourths of your home's value escapes taxation from SOH, three quarters of your new, smaller place would be sheltered from taxes.Short answer; it's a sweet deal -- and the longer you've lived in your house, the sweeter. (Unless you live next door to one of these long-timers. Then you probably believe it's not so sweet your taxes are so much higher.)

My taxes are too high. My neighbors pay too little. Who's going to fix that?

This amendment may do little to please you. Last year, the Legislature froze and cut property taxes by $15 billion statewide. This proposal would cut $9.3 billion over five years. Though, with approval, homestead owners would save an average $240 a year, that can seem small on a tax bill. And the proposal would do nothing to take out inequalities of Save Our Homes. In fact, it would set in stone those discrepancies with portability. This is just the start. Lawmakers and commissioners on the Taxation and Budget Reform Commission and citizens
initiatives promise more tax-cutting proposals will come.
-------------------------------------------------------------------------------
Copyright (c) The News-Press. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc.

February 24, 2008
Section: Environment
Page: 1A


Collier debate brews over town, panthers

Mary Wozniak

A classic confrontation between the pressure for more development in Southwest Florida and the protection of the endangered Florida panther is brewing in the corridors of power in Collier County.
The showdown will be over a proposed new town of 9,000 residences named Big Cypress. Collier Enterprises of Naples plans to break ground in eastern Collier County between Ave Maria and Golden Gate Estates in 2010. Big Cypress would be built out over the next 15 years.

But the Conservancy of Southwest Florida wants the town moved north.

The reason: Environmental experts say more than 90 percent of the town's boundaries fall within primary panther habitat.

And a large mall with anchor stores similar to Coconut Point in Estero designed to draw residents from all over the area would add to the panther's impact.

"This gives me total heartburn," said Andrew McElwaine, Conservancy president and CEO.

McElwaine says that developing Big Cypress at its planned site would threaten the ability of the panther to survive.

Collier Enterprises vehemently disagrees.

Rather than primary habitat, the land within the town boundaries is "nonfunctional" habitat not used by the panther, said Mike Rosen, a Collier Enterprises senior vice president and project manager of Big Cypress.

"In my vernacular, it's a billiard table," he said. The land is flat farmland stretching out in acres of tomatoes and row crops, where panthers rarely tread, he said.

The state Fish and Wildlife Conservation Commission has defined areas of primary habitat as "land essential to the long-term viability and persistence of the existing population of panthers in the wild."

That's why the town boundaries need to be moved, McElwaine said.

"We believe that the footprint (boundaries) as proposed would imperil the continued existence of the panther and thus justify our organization in taking action to preserve that species," he wrote in a June letter to Tom Flood, president and CEO of Collier Enterprises.

Ironically, Collier Enterprises' plan has some support coming from unlikely corners.

A leading panther biologist and the head of the Florida National Panther Wildlife Refuge say that while Big Cypress is amid primary panther habitat, the developer appears to be doing all it can to build its town and still protect the Florida panther.

"We are in a listening mode right now," said Layne Hamilton, head of the Florida National Panther Wildlife Refuge.

"What I'm getting at here is these are all issues being worked on now so we can reduce any negative impact to panthers while still being able to provide for the ability of the landowner to get what he wants," said Larry Richardson, a biologist for the refuge. "I mean, it's a tightrope."

Darrell Land, a biologist and panther team leader for the state's Fish and Wildlife Conservation Commission, has called the plan "tolerable."

He doesn't agree with Rosen calling the Big Cypress land "nonfunctional" for the panther. But there are different degrees of quality within primary panther habitat, and most of the land is agricultural, he said.

Ken Heatherington, executive director of the Southwest Florida Regional Planning Council, said he lauds Collier's efforts to do its best to protect water flow and wildlife travel ways in perpetuity.

The council will do the first review of the town's Development of Regional Impact application.

But the Conservancy isn't backing down.

The primary habitat is just the minimum needed to maintain the existing panther population of 80 to 100 cats, said Jennifer Hecker, natural resource policy manager for the conservancy and leader of its negotiating team.

Collier Enterprises owns a chunk of acreage to the north that has not been designated priority primary zone, Hecker said.

"They have a moral and legal obligation and responsibility to direct the development to that area," she said.

The northern section suggested as an alternate town site is about 4,000 acres, and could be developed after the first phase of the town is built out, Rosen said.

But the site is not marketable right now, given the current transportation infrastructure and population demographics, he said.

The only sensible place to put the town is between Randall and Oil Well roads, Rosen said.

"From a market standpoint, this is really an extension of North Naples," he said. "This is in the center of our lands."

Plans also call for Oil Well Road to be realigned and widened to six lanes, and an I-75 interchange is under study for Everglades Boulevard.

Big Cypress is being developed under Collier County's Rural Lands Stewardship program, which encourages landowners to preserve large areas of land. Collier Enterprises is developing only 2,800 of its 3,700 acres in Big Cypress' first phase, leaving 900 acres set aside to preserve natural flow of water, Rosen said.

In addition, Collier Enterprises will preserve 10,000 more acres in the development, he said. These preserved lands will be able to complete the preservation of a major panther corridor, the Camp Keais Strand.

Panthers travel the corridor from the Florida National Panther Wildlife Refuge to the Corkscrew Swamp area, Rosen said.

"Balancing the development with environment has to happen," Rosen said. "We're going to do the best to balance environment with a properly planned development."

The Conservancy supports its claims that Big Cypress will put the panther in peril with a map that shows land use of panthers from 1981 to 2007. That map shows that the area east of the town, abutting the National Panther Wildlife Refuge, is heavily used by panthers,

The tracking also shows about 20 recorded instances of panthers using land within Big Cypress' proposed boundaries, with at least three near the proposed town center.

9,000 Residences

Proposed for a new town named Big Cypress in Collier County. Collier Enterprises of Naples plans to break ground in 2010.

90 PERCENT

Of the town's boundaries environmental experts say fall within primary panther habitat.

Copyright (c) The News-Press. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc.


February 24, 2008
Section: Bonita Springs
Page: 1B


Volunteers descend on debris, trash

Saturday cleanup draws 100 people
Jennifer Misthal

Bonita Springs Middle School students didn't mind sacrificing their Saturday to clean up their city.
"It feels good to help the community, 'specially on a Saturday morning when I could be sleeping," said Gina Dunphy, 13.

Dunphy, an eighth-grader at Bonita Middle, was among 100 volunteers willing to trade in their pajamas for orange mesh vests and trash bags as part of the annual Keep the Beautiful in Bonita Springs.

Volunteers collected enough trash to fill two commercial trash bins at Bonita Springs Community Hall.

Dunphy and about 30 other volunteers from the middle school accumulated a collection of trash that included black electrical tape, an iPod charger, pizza boxes, CDs, beer bottles and cigarette butts.

"If you drive by you wouldn't notice any of it," said Charles Nikon, 12.

But Brooke Smith, 14, said that with people living in such close quarters in Bonita, she wasn't surprised to fill two bags in less than two hours into the cleanup from the neighborhood surrounding Bonita Springs Elementary School on Dean Street.

"People shouldn't have to come out here and pick up somebody else's trash when they can pick it up themselves," Smith said.

Bonita is changing for the cleaner, said Fred Fromm, 74, who participates in the event every year.

"This year I'm still on my first bag to tell you the truth," he said as he scoured Dean for litter, recalling that last year he ran out of trash bags and found a dead cat.

Activities like this one generate a sense of pride in the community, said Ben Nelson of Nelson Marine, one of the sponsors.

Nelson credited the volunteers' efforts for keeping the city clean.

"If people didn't come out, it wouldn't happen," he said.

Copyright (c) The News-Press. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc.

February 24, 2008
Section: Fort Myers
Page: 1B


Higher fines proposed for noise, curfew violations

Fort Myers also considers raising rates on watering and skating

Christina Cepero

Fort Myers residents, be ready to pay heftier fines if you water when you're not supposed to, build a bathroom without a building permit, play your favorite song a little too loudly, skateboard where you're not allowed to or if you're a minor and out after 11 p.m. on a weeknight.
The City Council voted this week to hold public hearings on increasing fines by $35 to $100, depending on the violation.

"It's related directly to surcharges that are being imposed by the county, and it's necessary to increase these fines to pass those surcharges on to the violators," city manager Billy Mitchell said.

The increases would offset surcharges from the Lee County clerk's office for a $10 filing fee on all cases and $40 court costs on lost cases. The state attorney's office also added a recent surcharge of $50 per case that's contested by the violator.

The City Council in late 2006 increased the minimum fine for most violations, which included loitering and open container ordinances, from $75 to $135.

But these ordinances must be changed separately because each carries its own fines.

"The city gets a certain amount of revenue from that," said Glenn Johnson, support services major with the Fort Myers Police Department, which made the requests.

"We didn't want that to be impacted by these changes."

The city missed out on at least $33,620 it could have taken in if the fine increases had been in place in 2007 for three watering violations, one construction and building violation, 240 noise violations, 30 skating violations and 287 curfew violations.

Councilman Mike Flanders said the proposed fine increases are well intentioned but that the water and noise violations are difficult to enforce.

"We don't write a lot of the watering (tickets) because we're giving people a warning the first time, and it usually seems to get them to comply," Johnson said.

"Noise, we write those more frequently. .... Our guys are usually on to that. We do a stealth approach, lights off, cruising down the road."

If You Go

  • What: Public hearings on proposed fine increases
  • When: 5:15 p.m., March 17
  • Where: Fort Myers City Hall, 2200 Second St., Fort Myers
  • Information: 332-6700

2007 VIOLATIONS

  • Watering: 3
  • Building, construction: 1
  • Noise: 240
  • Skating: 30
  • Curfew: 287 Fort Myers Police Department

Proposed fine increases in Fort Myers

Water restriction violations (watering on wrong day or outside of permitted hours)

  • First violation fine would change from $25 to $80.
  • Second violation fine would remain at $150.
  • Third and subsequent violation fines would remain at $500.

Building and construction violations

  • First violation fine would change from $100 to $135.
  • Second violation fine would change from $250 to $300.
  • Third and subsequent violation fines would remain at $500.

Noise violations

  • Noncommercial first violation fine would change from $75 to $135.
  • Noncommercial second violation fine would change from $100 to $175.
  • Noncommercial third violation fine would change from $250 to $300.
  • Noncommercial fourth and subsequent violation fines would remain at $500.
  • Commercial first violation fine would change from $250 to $300.
  • Commercial second violation fine would remain at $400.
  • Commercial third violation fine would remain at $500.
  • Commercial fourth violation fine would remain in revocation of occupational license.
  • Skating violations (skating in prohibited area)
  • Fine would change from $50 to $110.

Curfew violations (applies to minors out in the city limits after 11 p.m. weeknights or suspended minors out in the city limits during school hours)

  • Fine after warning to minors would change from $50 to $110.
  • Fine after warning to parents for first violation would change from $50 to $110, for second violation from $100 to $200 and third and subsequent violations from a $100-250 range to $200-250.

    Copyright (c) The News-Press. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc.


February 24, 2008
Section: Bonita Springs
Page: 9


Judge will have his say in Bonita Bay eagle plan

All that's left for Bonita Bay and the city of Bonita Springs to do is wait.
"It's really up to the administrative law judge," said Susan Watts, senior vice president of Bonita Bay Group.

An administrative law judge will review the details of their case, which involves the size of an eagle protection area in Bonita Bay, before rendering an opinion.

That could come sometime in March or April Watts said.

A court reporter must file the hearing transcript, and then both sides have two weeks to recommend action to the judge, City Attorney Audrey Vance.

The judge is not obligated to incorporate these suggestions in his opinion, she said. Once the recommendations are in, the judge will have 30 days to make a decision.

The City Council rejected Bonita Bay's proposal to build 15 homes and reduce the eagle protection area by about 700 feet with a 5-2 vote in June.

Reducing the bald eagle protection area from 1,000 feet to about 330 feet to make way for the second phase of the BayWoods community at Bonita Bay.

"We have a situation here where the city will defend itself and the city will continue to defend itself as it deems appropriate, unless directed otherwise by City Council," Vance said.

That doesn't mean the City Council wouldn't be willing to consider another proposal, she said.

Bonita Bay maintains that its revised eagle management plan meets or exceeds state and federal standards for managing eagles. This plan has been endorsed by several agencies, including the Florida Fish and Wildlife Conservation Commission, Southwest Florida Regional Planning Council and Eagle Technical Advisory Committee.

The proposal was based on well-researched science, Watts said and incorporated requirements and recommendations from several scientific groups.

"We feel it's a very good management plan," she said.

Bonita Bay has not given much thought to what happens if the judge sides with city, she said.

Commissioner tells civic group it's being heard

When the San Carlos Park Civic Association speaks, Lee County commissioners listen, commissioner Tammy Hall told the group at their Feb. 13 meeting.

"You are a very powerful voice," she said. "You need to hold our feet to the fire."

Hall discussed some of the issues facing the commission during her fourth visit to the civic group.

She said one issue facing the commission is a reduction in revenue from taxes and impact fees. These revenue sources aren't keeping up with increased demands on the county.

"It's just a constant balancing act for all of us," she said.

She said the commission needs to assess the impact fee rate annually, instead of every three years, the way it currently does.

"It should not be where it is now," she said, but it shouldn't be where it was in 2005, either.

"Growth needs to pay for growth as much as possible."

She also addressed pipes going in under I-75 and said they need to update the 1999 flood plain study before determining where the pipes need to be installed.

The next 15 years are crucial for Lee County, she said, since that's when the commission will determine the direction for the county through 2060.

And Hall said input from groups like the civic association will be important through that process.

"You guys have a powerful voice in downtown Fort Myers," she said. "You do make a difference."

Tax seminar to be offered at steakhouse on Summerlin

Kenneth Guard will be holding a tax preparation tip seminar from 4 to 5:30 p.m. Tuesday at the Sanibel Palms Steakhouse, 13401 Summerlin Road, south Fort Myers.

Guard, a financial and investment planner, will teach attendees ways to avoid overpayment of income taxes and tips revealing other tax saving opportunities.

The seminar is specifically designed for taxpayers with more than $1 million in investment assets. The seminar is free and space is limited to 75 guests. Call (866) 380-4335 or visit GuardWealth.biz to RSVP. For information, call 939-9292.

Bonita Blues Festival scheduled for March 15

John Mooney, a veteran of the Montreaux Jazz Festival, Newport Folk Festival, Chicago Blues Festival and New Orleans' Jazz & Heritage Festival, will headline the second annual Bonita Blues Festival on March 15 at Riverside Park in Bonita Springs.

Throughout the years, Mooney has developed one of the most distinctive and easily identifiable guitar and vocal signatures of anyone working in blues today.

Mooney will be joined by Blind Pass, Albert Castiglia, Little Eddie and the Fat Fingers, and soloist Frank Corso.

The concert will run from noon-8 p.m. Tickets are $10 in advance and $15 at the gate. Children 12 and under are free.

Other bands and artists featured include:

• Blind Pass - a six-piece bluesy and funky progressive experiment with groove-oriented music.

  • Little Eddie and the Fat Fingers - a band that creates a sound reminiscent of the 1940s Chicago scene, 50s Boogie Woogie and early rock n' roll.
  • Albert Castiglia - a leading guitarist and vocalist whose acoustic side is pure Delta and is considered to be among the next generation of hot, young, blues-committed guitarists.
  • Frank Corso - Corso has been playing country blues and ragtime guitar for many years. Centering himself in the Delta-style slide guitar in the tradition of Robert Johnson and ragtime and east coast Piedmont styles such as Rev. Gary Davis.

The net proceeds from the Bonita Blues Festival will support the Immokalee Friendship House, the Shelter for Abused Women & Children and Healthy Start of SW Florida. For tickets and additional information, call 947-0715 or visit bonitabluesfestival.com.

Hispanic Chamber holds weekly luncheons

The Southwest Florida Hispanic Chamber of Commerce invites area businesses and professionals to its weekly network luncheons, to meet potential business clients and learn about job opportunities for professionals.

The luncheons are held from 11:30 a.m. to 1 p.m. on Wednesdays at Cantina Laredo in Fort Myers, Bonita Bistro in Bonita Springs, and South Street City & Grill in Naples.

The next luncheon is on Feb. 27 at the South Street City & Grill, 1410 Pine Ridge (Goodlette-Frank) Naples, Florida 34109. The cost is $15 plus tip.

For more information, call the chamber at (239) 418-1441 or e-mail hispanicchamber.lg@ embarqmail.com.

Copyright (c) The News-Press. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc.--------------------------------------------------------------------------------


February 23, 2008
Section: Lehigh Acres
Page: 1A

Families to choose: septic or sewer?

Don Ruane

As many as 200 Lehigh Acres families soon could be asked if they want to abandon their septic tank systems and hook up to sewer service provided by the Florida Governmental Utility Authority.
FGUA provides water and sewer service in Lehigh Acres and has lines running past or near many houses that are served by septic tanks. FGUA does not have the authority to force people to hook up, said Tarek Fahmy, FGUA's operations director.

Lee County, health and FGUA officials are concerned the threat of septic tank pollution will increase as more people move to Lehigh and live close together. The pollution could contaminate groundwater supplies used by many residents who are on wells.

Lehigh has a population of about

70,000 people, but only about 12,000 get their water from FGUA. The rest use wells. FGUA's sewer customer base also is about 12,000 customers.

Septic tank drainfields are failing and real estate clients are asking questions about the issue, said Diane Turril, a member of FGUA's citizens advisory board and a real estate agent.

"It's very expensive to get a new septic tank and a drainfield," Turril said. "What should I tell them?"

Advise them to hook up if they are adjacent to the sewer line; otherwise replace the drainfield, Fahmy said.

"If someone spends $8,000 on a new drainfield and then water and sewer come in they will be very reluctant to hook up," Turril said.

FGUA has identified areas within a quarter-mile of sewer lines, but it hasn't worked out how it will tell the property owners that they could connect to lines or found a way to finance the connections, Fahmy said.

Copyright (c) The News-Press. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc.


February 25, 2008
Section: Local & State


Health Department shuffles staffers
Lack of septic permits impacts inspection budget, causes layoffs
JENNIFER BOOTH REED

The Lee County Health Department last week acknowledged another 16-person layoff -- on top of a 30-position reduction last fall --cutting a 60-person-strong inspections department to 18 people.
The reason?

The collapse of the construction industry and with it, the near disappearance of the septic permit applications that funded the health department's environmental health division. The permits cost $500 each and a year ago were projected to bring in an average of $125,000 a month. Lately, the monthly average is $23,000, and the department will be lucky to collect $15,000 in February.

The fees fund the environmental health division, which, in addition to inspecting septic, also examines schools, day care centers, swimming pools and other public facilities.

The news raises questions of how a public health department can lean so heavily on septic permits, a funding stream that by nature is uncertain, and how safe is the community with a decimated public health inspection staff.

It's not as dire as it sounds, according to the health department officials responsible for finance and environmental health.

Nor is the Lee County Health Department alone in permit losses, according to the state. Health departments across Florida use permit fees to fund their environmental health divisions. Statewide, health departments saw their septic revenue tumble from $28.6 million in 2004-05 to $17.2 million in 2006-07.

That's not the only strain. Health departments have taken a $1 million state cut so far for fiscal year 2007-08. The state is eyeing another $8.7 million reduction.

Inspections staff

By the end of Lee's health department shake-up, 13 people will inspect public facilities such as schools, nursing homes, pools, day care centers and the like. That's the same number that monitored those places before the start of the layoffs. Five septic inspectors will be retained to handle what business is left.

The environmental health department is temporarily short-staffed because administrators are retraining some septic inspectors to review other kinds of facilities. A few of those re-assigned inspectors just completed their training -- they shifted job duties after last fall's cuts -- and the next three trainees will finish up within two months, said Jim Love, the environmental administrator.

While the retraining takes place, the department is prioritizing places such as school and hospital cafeterias that need quarterly reviews.

Ninety-eight percent of those places were inspected on time for the last quarter, which ended on Dec. 31. So far 38 percent have been done for the quarter that ends on March 31.

The twice-annual and annual inspections are lagging behind. Love said if inspectors miss the six-month goal for the twice-annual inspections, they'll make it up in the second half of the year. He also said his staff will likely work overtime to ensure the reviews are completed by the end of the fiscal year in September.

"We will try to do everything that we can. There's a public trust. You go into a place and you expect it to be safe," Love said.

He has started charging businesses reinspection fees if owners fail to correct citations, an effort that has reduced the number of times the inspectors must return. Love is also working with public school administrators to avoid the duplication between health department and school safety division inspections. If successful, Love said his staff may inspect the schools once rather than twice a year. School food programs would still be checked four times.

"None of these delays are endangering public health," said Bill Mallett, the health department assistant director.

Health departments in Florida receive their money from the state and federal governments, counties, Medicaid, fees such as septic and other environmental permits, grants and contracts.

The state expects fees will fund most of the departments' environmental health divisions, according to Florida Department of Health officials. Three years ago, the fees covered 97 percent of county health departments' environmental divisions. That's no longer the case.

The degree to which the construction collapse affected health departments varies. Some urban districts felt little impact because most residents use public water and sewage. Lee was hit particularly hard because of the size of the industry.

The health department couldn't shrink its inspections department right away; inspectors still had to review permits taken out during the boom. There's an 18-month window between when the permit is granted and when the inspection must take place. So, Lee health officials had to pull money from other parts of the organization to keep environmental health running, Mallett said.

Collier County also lost permit money, but its environmental health division was understaffed and no one lost a job, Collier health spokeswoman Deb Millsap said. In Charlotte, the Environmental Protection Agency requires reinspections of septics in one part of the community. That has continued to bring fee money into the department, said Larry Bebee, the administrative services director.

Lee has other budget challenges.

It doesn't have the Medicaid revenue some other county health departments enjoy because it doesn't provide primary care services. That responsibility falls to the Family Health Centers.

"It works out better for the community, but it doesn't give us a fallback for revenue," Mallett said.

Other strains on Lee: The department lost a $60,000 state grant that had funded a teen pregnancy prevention program. It suffered a $465,000 general revenue cut. The department's clinic on Pondella Road is running $285,000 over budget. Parts of the existing building turned out to be structurally unsound, forcing additional renovations.

It has depleted and must rebuild its reserves. The state requires an 8.5 percent fund balance. The Lee department has about 2 percent left in the account.

"This is just a perfect financial storm for us," Mallett said.

What's ahead

The financial struggles have led to a 46-position cut between layoffs and attrition and is forcing the closure of an injury prevention program.

Mallett has recalculated the budget and hopes to be spared further cuts. He said other community partners are working to pick up the work the injury prevention department handled. He also said he'll be chasing grants to keep other initiatives running and is working to rebuild the reserves.

"With the bleak budgeting, we think we've taken enough action," he said.

Inspections Report

Thirteen inspectors in the environmental health department conducted inspections of 4,141 facilities a total of 10,331 times in 2007. A similar number of reviews will be done this year. These do not include septic reviews.

The department is in the process of retraining septic inspectors to conduct inspections of public places such as pools and day cares.

The permitting/inspection year runs from Oct. 1 to Sept. 30 of each year, except for public swimming pools, which run from July 1 to June 30.

Progress as of Feb. 15 was as follows:

• There are 290 full-service food facilities such as cafeterias at schools, jails and hospitals that require inspection four times per year.

The department performed 285 inspections (98 percent) "on time" (Oct. 1 through Dec. 31, 2007), and 109 (38 percent) were performed again so far this quarter Jan. 1 through March 31.

• There are 2,329 facilities that require inspection twice per year. These include swimming pools, day care physical plants, schools physical plants, mobile homes, and parks.

The department has done 1,360 of those inspections for the first half of the

permit/inspection year (58 percent) with 20 of the 26 weeks of the inspection period passed.

• There are 1,623 facilities that require inspection annually, such as places that generate biomedical waste, including body piercing salons and other group-care facilities. The department has done 417 (26 percent) of these inspections so far with 20 weeks of the 52-week inspection period over.

-- Jim Love, Lee County Health Department

2008 BUDGET BREAKDOWN

• State general revenue: $6 million

• State non-general revenue: $737,919

• Federal: $3.8 million

• Medicaid: $153,000

• State fees (such as environmental permits): $2.5 million

• Local revenue (includes grants, Medicaid specialists to help people enroll, Healthy Start caseworkers): $1.66 million

• State in-kind contributions (includes Women, Infants, Children nutritional program support, lab work): $12 million

• County fees: $825,976

• County fees regulated by County Commission: $1.6 million

• County allocation: $1.7 million

• County in-kind contributions: $299,503

• Other county programs: $415,000

• Total revenue: $31.5 million

The state fees include environmental fees that were projected to bring in $2.5 million. Actual revenue is $1.2 million.

The county fees include environmental permits such as septic. Combined, these line items were projected to bring in $2.4 million. Actual revenue is $1.9 million.

-- Bill Mallett, Lee County Health Department

SEPTIC PERMITS

• High: 1,564 in July 2005

• Low: 27 in December 2007

Copyright (c) The News-Press. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc.


February 25, 2008
Section: Real Estate


Amendment 1 boosts housing market in Lee
DICK HOGAN

Gordon Redshaw is under contract to buy a retirement house in Fort Myers -- and he said the new Amendment 1 protections for homeowners approved by Florida voters last month is welcome news.
Redshaw, 59, a retired Eastman Kodak engineer living in Rochester, N.Y., said he probably would have made the decision even without Amendment 1.

"My wife and I were pretty much predisposed to move to Fort Myers, and really barring anything catastrophic with regard to the homestead, we pretty much had our minds set to move."

But the amendment provided a comfort level for the purchase, and he believes it's good public policy, Redshaw said. "I was confident the Legislature would come up with something sensible and fair to everybody."

Real estate agents say Amendment 1, along with prices at four-year lows, has helped create a new willingness by buyers to close the deal.

The amendment's passage doubles the homestead exemption for property taxes to $50,000 for full-time residents and lets homeowners move their Save Our Homes exemption from one Florida house to another. Under Save Our Homes, the assessed value of a home doesn't go up more than 3 percent in any year.

That's helped allay buyers' anxieties about volatile property assessments and being punished for moving, said agent Brett Ellis of RE/MAX Realty Group.

He said statistics bear out his opinion: the number of Realtor-assisted sales pending for single-family homes in Lee County was 1,088 on Feb. 14, up 33 percent from 821 a month earlier.

That's a rare note of good cheer in a market that's been dismal since sales and prices reached their zenith in late 2005. Since December 2005, the median price of a single-family home has fallen 33 percent from $322,300 to $215,200 in December 2007, the latest month available, according to the Florida Association of Realtors.

In the same time period, the number of sales fell 60 percent from 1,084 to 432.

But every cloud has a silver lining.

The steep drop in price is finally paying off in less wary buyers, Ellis said. "For whatever reason, Florida appears to be on sale to many people. Prices are down, foreign investors are in, and first-time buyers are back in the market for the first time in a long while."

Also, he said, banks are putting houses on the market priced to sell, often after months of foreclosure proceedings during which it was impossible to buy.

"You're better off letting the banks take over," he said. "Now you got a property you can sell."

Agent Matt Finn of The Finn Realty Team, which concentrates on homes in Lexington Country Club in south Fort Myers, said he's also noticed an uptick even though many of his customers are buying second homes that don't qualify for a homestead exemption.

Last year, he said, buyers just weren't there. "You could put any price on it. Didn't matter."

Now, Finn said, "They want their properties."

Amendment 1's benefits are probably just beginning, said Kevin Clark, Tampa division president for Beazer Homes. "I think we'll see a lot more of that."

Not every prospective home buyer is a fan of Amendment 1, however.

Fred Bonke of Chicago, for example, is thinking about building a retirement home on the lot he and his wife, Karen, bought in Cape Coral in 2004 -- and Amendment 1 is a factor against coming to Florida.

The measure only increases the unfairness of giving a better deal to full-time residents who have been in Florida awhile, said Bonke, 64, a homicide investigator for the state attorney's office in Chicago.

"The person who lives next to you may have a better house but pay less taxes," he said. "It really is splitting up the community."

That point of view may yet prevail, said Mark Vitner, senior economist for Wachovia Bank, who spoke Thursday at an Urban Land Institute symposium in Naples.

"My suspicion is there might be a successful court challenge, which would not be entirely bad because it would really level the playing field."

Meanwhile, however, the amendment's passage is a source of optimism in the real estate industry.

Lee County Property Appraiser Ken Wilkinson, who spearheaded the drive to get Save Our Homes on the ballot in 1992, said it's his impression portability and the doubled exemption are juicing up the market.

Real estate agents, he said, are busy again. "One hundred percent, they're telling me the phones are ringing."

Whatever the reason, Finn said, it's good to actually be selling houses after a long dry spell.

"I feel like I'm a Realtor again."

AMENDMENT 1: New rules

INCREASED HOMESTEAD

EXEMPTION

An additional exemption of up to $25,000 will apply to all levies except those by school districts and other assessments for special benefits, and first applies to the Jan. 1, 2008, tax roll. This additional exemption applies only if the assessed value of the property exceeds $50,000. It applies to the amount by which the value exceeds $50,000, up to a total additional exemption of $25,000 (that is, exempting the assessed value between $50,000 and $75,000). No further application is necessary for those who are currently receiving the homestead exemption and qualify for the additional exemption amount.

PORTABILITY OF SAVE OUR HOMES BENEFIT

If you received the homestead exemption in 2007 on a home that you sold during 2007 or no longer claim as your homestead and have purchased or moved into a new home by Jan. 1, 2008, you may be eligible to take some or all of the benefit of Save Our Homes to your new home. In order to receive this benefit, you must apply by March 3, to your property appraiser for your new homestead exemption and for the transfer of Save Our Homes to your new homestead for 2008. Save Our Homes limits assessment increases to 3 percent in any year.

TANGIBLE PERSONAL PROPERTY

The amendment provides a $25,000 exemption for tangible personal property. This provision applies to the Jan. 1, 2008, tax roll and every year after that. The exemption would apply to tax levies of all taxing authorities.

Tangible personal property taxes apply only to certain taxpayers in Florida -- typically businesses. You automatically qualify for this exemption when you file your tangible personal property return. Returns are due in the county Property Appraiser's Office by April 1.

ASSESSMENT LIMITATION FOR NON-HOMESTEAD PROPERTY

The amendment makes an assessment cap available to owners of certain non-homesteaded real property. This exemption limits the increase in assessed value of the property to 10 percent per year for levies of all taxing authorities other than school districts. The limitation does not apply until next year.

APPLYING FOR HOMESTEAD EXEMPTION

• WHAT: Homestead exemption exempts $50,000 of value on a primary residence from property taxes and automatically grants the Save Our Homes benefit.

• WHEN: Must be filed by March 1.

• HOW: To apply online at leepa.org, you must meet the following qualifications:

1. Be a U.S. citizen.

2. Own and reside on the property as a permanent resident as of Jan. 1.

3. Provide the Social Security number for all applicants and the spouses of all applicants.

4. Have a permanent Florida driver license. If you do not have a license in this or any other state, you must provide a Florida ID card. A "Florida Only" driver license cannot be accepted.

5. Have Florida vehicle registration and Florida license plates on your vehicle.

6. Be registered to vote in Lee County. If you are not registered to vote, you must apply in person.

7. Sign an online statement that you do not claim any residency-based property tax exemption or tax credit in any other jurisdiction (in or out of Florida).

• WHERE: If you do not meet these qualifications, you must apply in person. If you must apply in person, or if you wish to apply in person, the Lee County Property Appraiser's office is at 2480 Thompson St., in downtown Fort Myers.

• MORE INFO: Call the property appraiser's office at 533-6150.

Copyright (c) The News-Press. All rights reserved. Reproduced with the permission of Gannett Co., Inc. by NewsBank, inc.


February 25, 2008
Section: Sanibel Island
Page: 3B