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Article Courtesy of The
Tampa Bay Times
By Martin E. Comas
Published August 9, 2024
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Angry that a stormwater pipe runs through her yard, a Seminole County woman
plugged the conduit with concrete. Now residents of the Shadowbay Club community
say their flooded roads are nearly impassable after heavy rainstorms.
Even more frustrating for homeowners: Seminole officials say there is little
they can do to resolve the nightmare because the streets and stormwater
infrastructure in Shadowbay are owned by the community and are not public
property.
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“It’s an atrocious
wrongdoing,” said Jennell Taylor, who bought her home the
same April day a concrete company sealed the stormwater
pipe. “And we keep getting the runaround from the county,
and no one seems to want to help us…It’s terrifying, and
it’s insane.”
Shadowbay — a community of just over 100 homes and condos
off Wekiva Spring Road near Longwood — has no history of
flooding. But now standing water will sit for days on
driveways and sidewalks after an average summer
thunderstorm. Taylor and other residents recently laid
sandbags in front of their homes to help prevent water from
seeping or even flowing in. They’ve even erected signs that
tell drivers “Slow, No Wake Zone” along their community’s
roads.
And many are puzzled as to how a single resident could have
the temerity to seal one of the few avenues for rainwater to
flow out of their neighborhood, as the peak of hurricane
season approaches. |
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Shadowbay homeowner Catherine Bourne walks past
standing water in a flooded yard on Shadowbay Boulevard in Longwood.
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In
June, the Shadowbay Club Homeowners’ Association filed a lawsuit asking a
circuit court judge to order Diane Goglas to either immediately remove the
concrete from the drainage pipe or replace it with a new pipe. As of Wednesday,
Judge Donna Goerner had not yet scheduled a hearing on the request.
“The stormwater — which was designed to go through the pipelines to the
retention pond and eventually into Lake Brantley — now has nowhere to go,”
attorney Barbara Billiot Stage said in asking for the injunction on behalf
of the HOA. “The streets on June 6 were flooded with stormwater reaching the
middle of the driveways of some homes. The flood waters were deep enough to
prevent people from reaching their homes while others were unable to leave
their home without risking damage to their vehicles.”
Residents have also pleaded for help from the St. Johns River Water
Management District, the state’s Department of Environmental Protection and
even the Army Corps of Engineers. Like Seminole County, those agencies said
there is little to nothing they can do.
Goglas declined to speak to a Sentinel reporter, saying she would direct any
questions to her attorney.
A Realtor, Goglas bought her 3-bedroom, single-story home near the northeast
shore of Lake Brantley, in 2012, according to county records.
For years, she has claimed the 110-foot pipe — which runs along a 20-foot
easement between her home and the adjacent house — has eroded her yard as
stormwater from the streets flows into a grate along Shadowbay Boulevard in
front of her home, through the pipe, and then into the retention area behind
her house, according to emails and documents from residents.
Goglas said in her communications that the three Shadowbay homeowners’
associations — made up of 114 homes — have neglected to maintain the pipe.
It was installed in the early 1980s, a decade before Goglas’ home and nine
others along Shadowbay Boulevard were built in 1993, according to county
records.
In March, neighbors say, Goglas knocked on their doors and handed out a
letter falsely claiming the pipe “was installed in my property, without my
permission.” She warned she would seal it.
“I advise you of this, because once I close that pipe off: you will have a
drain problem that will will back up on the road, and on your property, and
potentially on my property, because the drain, as I said, goes through my
property without my permission, or without my authority,” Goglas’ letter
states.
She kept her promise.
On April 13, workers arrived with a mixer truck, lifted a manhole cover in
her yard and sealed the conduit with concrete. Nearby residents and county
employees — who were called to the scene — stood dumbfounded while shooting
photos.
In May, Seminole issued Goglas a county code violation for “causing damage
to pipes and drainage structures” of a stormwater system. The citation also
ordered Goglas to remove the concrete and repair the existing stormwater
pipe and inlets. As of Thursday, she had not done so.
A hearing before a county magistrate judge was originally scheduled for Aug.
8. But it has since been rescheduled to Sept. 12 to give county staff more
time to research the issue and conduct a property title search. That’s added
to residents’ frustration as the flooding continues.
County officials have met with residents several times since April. Last
month, they provided the neighborhood with a mountain of sand and hundreds
of sandbags. They also have increased spraying for mosquitos and other
insects, which lay eggs in standing water.
In a July 8 letter to homeowners, Seminole officials urged the Shadowbay
community “to procure a pump to help mitigate the localized flooding caused
by summer afternoon thunderstorms.”
The letter cautioned residents that a code enforcement citation “will not
resolve the flooding” in the short term. A magistrate can only impose fines
— up to $300 a day — and eventually place a lien on the property. But state
law prohibits Seminole from foreclosing on a homesteaded property, such as
Goglas’ home.
Because Shadowbay is a private community that owns and maintains its roads
and other infrastructure, “it’s a private property dispute,” assistant
County Manager Kristian Swenson said.
Even so, residents say the county should do more to protect them,
particularly considering the risk if a powerful tropical storm rolls through
Central Florida and dumps several inches of rain.
“If a hurricane comes through here, then the whole neighborhood and the
homes will be flooded,” said Catherine Bourne, who owns a home in Shadowbay
she rents to her elderly parents. “And this neighborhood has seldom
experienced flooding.”
Commissioner Lee Constantine, whose district includes Shadowbay, said
Seminole staff is doing as much as it can.
“I feel their frustration,” Constantine said of the homeowners. “And we’re
trying to help. But there’s only so much we can do…I am sorry that some of
the residents are not happy that it hasn’t happened fast enough. But there
are legal implications.”
Robin Rodriguez, a Shadowbay resident since 2020, said Seminole County could
have headed off the current difficulty. When the county approved the
Shadowbay development decades ago, officials should have set legally
enforceable restrictions on what homeowners can do with the infrastructure
on the easements running through their properties, she argues.
Now, if the community floods to the point of homeowners having to be
evacuated, then all taxpayers will end up footing the bill.
“This impacts everyone,” Rodriguez said. “And if Seminole County has no
intention of doing anything to help the citizens here, then just tell us all
in plain, non-political language.”
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