Tuesday, July 31, 2018

SEBPOG's Special Meeting with Taylor Morrison is Today!

Click above for details...

It is very important that SEBPOG.ORG Full Members (Active and Passive), make every effort to attend this meeting of today. This is probably your last opportunity to give your direct input on how you would like the "Buffer Zone" designed. If you want to build "The Great Wall of Sorrento East" - now is the time to be unified with others in your request.

Friday, July 27, 2018

Dan Lobeck Speaks at SEPOA Special Meeting 7/25


**Updated: 07/27/18 @ 19:25

Dan Lobeck, Esq. recently spoke at the special meeting of SEPOA (Sorrento East Property Owners Assoc.) at 7 PM on the 25th of July. SEBPOG members were there in force to listen to the presentation, concerning a topic SEBPOG members have been involved with for the past eight months. Our understanding was that Mr. Lobeck was only engaged for the session - to brief attendees on options the association may have in pursuing legal action against the new Taylor Morrison project, planned for the Sorrento East abutting land in play.

Mr. Lobeck attempted to bring folks up to speed on the situation - which he himself, seemed rather new to. No new ground was covered, which SEBPOG.ORG has not already examined in depth on our website. Mr. Lobeck explained the current pro-building nature of Sarasota County officials, and the lack of adequate avenues, available to stop or hinder the project, other than showing up in mass in county run hearings on the project. Taylor Morrison representatives were also in attendance, of particular note was Mr. Charlie Bailey, Esq. who answered some concerns raised by the audience and Mr. Lobeck.  Mr. Lobeck and Mr. Bailey appeared already well engaged with the issues at hand and in negotiating solutions.


SEBPOG's leading representative (Mic Healey) explained the situation with private owner border encroachment issues regarding the Palmer Ranch owned parcel, and how some SEBPOG members have luckily had the use of some buffer land - beyond the eastern termination of their backyard property lines and up to the barb wire fencing of the Palmer Ranch owned parcel for years - at the apparent benevolent tolerance and much appreciated generosity of the property owner. He went on to explain, that SEBPOG members freely acknowledged that there is no dispute as to were their actual eastern boundaries lay - as owners in SEBPOG are on recorded lots. Further he stated that the private encroachment issues had been previously explored for legal pursuit under adverse possession and or Florida's Boundary by Acquiescence law, however - he had decided not to advance any of these options at that time, nor wished to alienate his good working relationship with contacts at Palmer Ranch. In fact, SEBPOG's representative said, SEBPOG owners were very appreciative to the property owner - that they had been allowed to use a portion of the parcel, for the amount of time they have had (now over 20 years).

Unfortunately, Mr. Lobeck seemed to think these private encroachment issues between Palmer Ranch Holdings and SEBPOG members was some key leverage option for SEPOA... SEBPOG clearly states here that such issues are - private issues between themselves and Palmer Ranch, and will be settled as such without any need for SEPOA's interference or unsolicited legal counsel. These matters are of no concern to SEPOA, and will not be made "fodder" for litigating delaying tactics or other leverage against the advancement of the development. Since the ownership of the parcel in play is still currently with Palmer Ranch, the Taylor Morrison project will not be a factor in these simple encroachment issues being resolved well prior to conveyance of the land to the developer.

[ Following the meeting and in follow-up private engagements with SEPOA leadership, SEBPOG was shocked to learn that Mr. Lobeck, had not just simply been engaged by the board (at cost) - to speak at the meeting, but was rather already fully retained as the association's full compensated legal representative  "...thru the negotiations with TM and the County". ] ** (see update regarding this below)


At this point - SEBPOG felt the need to submit the following statement to SEPOA leadership.


SEBPOG / SEBPOG.ORG Statement to SEPOA of July 26th 2018

As per the ByLaws of Sorrento East Property Owners Association, Inc., Revised: November 4th, 2004, Article III (entitled) Purposes, Section A. (ref. below in Item B):

We, who are within the voluntary homeowners  organization known as: Sorrento East Property Owners Association, Inc. (a.k.a. SEPOA), and who,  are also currently -  “Full Active SEBPOG Members” (as defined within our documentation) of the group / informal organization known as: SEBPOG and or SEBPOG.ORG - put forth that any continued compensated legal counsel and or retention there of  - to be put forth, maintained, or proposed by SEPOA - in the specific matters of: “Buffer Zone Design” and or any and all private “Encroachment Issues”, existing or having existed between SEBPOG owners and Palmer Ranch Holding, Ltd. (McCann Holdings, Ltd.) - pertaining directly and or indirectly to: the new Taylor Morrison development planned for the parcel bordering the eastern properties in Sorrento East - is currently: NOT in our “mutual benefit” (see Item: A below) - as we have been exclusively engaged in this matter directly with the current property owner McCann Holdings, Ltd., Taylor Morrison and or their agents, and or Sarasota county local officials for several months.

Thus, we put forth that any such continuance of compensated unsolicited new intermediary legal assistance (in regards to the above said matters), works directly against our current open, productive, and highly beneficial working relationships with these contacts at this time of delicate negotiations.  As such - we will not support, accept, endorse, and nor will supply with information, and or contribute in any way, in any and all further compensated unwarranted unnecessary unwanted legal assistance or inquiries, brought forth by SEPOA and or their legal agents in the above matter as delineated.

It is our endorsed legal understanding of the current Association bylaws - as clearly written and referenced below - that no further legal involvement may be contracted, initiated, or maintained at this time, in the above specific matters - without our (SEBPOG’s) explicit and or expressed endorsement - to which we now emphatically withhold in the strongest terms.

Finally, should this, the above, prove insufficient, any SEBPOG members having remaining “encroachment issues” shall immediately voluntarily resigned from membership in Sorrento East Property Owners Association (SEPOA) for the duration of time as necessary, in which such action or compensated legal counsel is or pursued or contemplated by the board, and or its president and agents.  


Item A:

Ref: Legal Understanding of the term: mutual (i.e. - binding to both parties)adj., adv. referring to anything in which both parties have reciprocal rights, understanding or agreement.

Item B:

BYLAWS of SORRENTO EAST PROPERTY OWNERS ASSOCIATION, INC.

Revised: November 4th 2004

ARTICLE III  PURPOSES

The purposes for which this Association is organized are:

Maintain liaison with governmental and franchised activities to represent the interests of Sorrento East in matters relating to public services and utilities, environmental health and safety, zoning, etc., and to ensure continuing improvements for the mutual benefit of Association members.


Respectfully submitted to S.E.P.O.A. president: Bob Handley 07/26/18

** We have just concluded a new two hour update meeting with SEPOA's leadership and we feel - we are so blessed to have such a truly outstandingly intelligent and caring president as Mr. Bob Hanley , who is a gentleman and an excellent highly intelligent communicator! We are happy to announce we have a new refinement on the utilization of Mr. Lobeck's services by SEPOA:

"He will only be used as needed, and will be billing SEPOA hourly for services".

He will be instructed by SEPOA to "back off" initiating and or interfering with  any and all SEBPOG's private encroachment issues, and border property buffer design negotiations, now underway between SEBPOG & TM - as per the SEPOA president.

With the above in mind, and with no compromise in the above SEBPOG Statement, SEBPOG leadership is delighted to continue to work and communicate closely with SEPOA current's leadership, exclusively - towards the best independent mutually beneficial futures for both organization's members concerns.

Saturday, July 21, 2018

Who's Dan Lobeck & What He Has to Say...


The key speaker of the upcoming Sorrento East Property Owners Association (SEPOA) meeting on July 25th will be Mr. Dan Lobeck, Esq. - who will be addressing the raised concerns of some SEPOA members - relating to a large new planned development to be created by national home builder: Taylor Morrison. The proposed building parcel directly abuts the entire eastern border of the Sorrento East subdivision, on an approx. 100+ acre section, long owned by Palmer Ranch Holdings, Ltd. and would need to be rezoned from OUE-2 to RSF-2/PUD for the project to proceed.

SEBPOG believes Mr. Lobeck well understands the current realistic state of the pro building situation in Sarasota County, and the importance of the "Sarasota County Comprehensive Plan" (now inclusive of the Sarasota County Future Land Use Maps), and, the often additionally referenced: "Sarasota County 2050 Plan".   Mr. Lobeck's article in this Herald-Tribune of October 2016: County Plan ‘Update’ Betrays Us For Developers encapsulates the somber reality... and is one of the many reason SEBPOG chooses to work with the land owner, the developer Taylor Morrison and or their agents, and county officials on this project - for our members' well-being and continued preservation of property values.

Mr. Lobeck recently spoke in front of N.A.C.A. members last February, and pretty much reiterated the content of the above article.  You can watch and listen to his entire presentation below. (His speech begins on the video at the 1:14 mark):



Of note... in both the article above, and in the video, Mr. Lobeck appears to be a proponent of "Affordable Housing" - a somewhat politically correct term, which some may argue, should still be called: "Low Income Housing"... For SEBPOG members, having the choice between directly abutting a beautifully planned upscale community behind us (with an extensively designed buffer zone with a wall) - as is being built and clearly observable over at nearby Bellicina By Casey Key - or the worrisome specter of even the remotest future chance of a possible low income housing unit sprawl being plunked behind our homes; Umm,  thanks Mr. Lobeck - but we'll be choosing the former, rather than the latter... every time.

Friday, July 20, 2018

Message in a Baggie (w/Rock): SEPOA Meeting on New Proposed Development


Yesterday, some residents in Sorrento East were greeted by one of those "Message in a Baggie w/Rock" drops - that we often get from amateur cheapo contractors pedaling their wares and services... Alas - no such luck in this case, it was from an unknown sender, just click on the above image and you can read it for yourself...
We must comment, initially - that while we appreciate the efforts of the mystery sender... this message / baggie drop method can do more harm than good. A lot of our residents this time of year are gone to their Northern homes, and these things often just hang around on their driveways for days... indicating to possible thieves that the premises are currently unoccupied. (I.E. -  They're like a "Rob Me" flag for those paying attention.) Additionally, many people don't seem to even see them, not to mention the method is completely unprofessional... but, back to the contents.  

So, this is a notice about the special meeting (an official SEPOA meeting?) to be held at SEPOA's typical meeting location, the Lutheran Church across the street  from the plat: 7pm on 7/25/18. The topic of the special gathering - to discuss concerns of some residents, to the Sorrento at Palmer Ranch proposed Taylor Morrison development with the association's legal counsel: Dan Lobeck (of Lobeck & Hanson, P.A., Sarasota, FL).

The issues and concerns for the rezoning proposal are listed on the note... However, most of these questions were indeed addressed at the meeting of 06-12-18, lead by Taylor Morrison attorney: Mr. Charlie Bailey - but many folks were too busy shouting and talking amongst themselves to listen... (SEBPOG has a complete video of the meeting.) If you could not attend... you can read a summary of that rowdy gathering: here. Since this meeting, SEBPOG has had another 90 minute meeting with a multi-disciplinary team for the project (07-05-18), including again Mr. Bailey, agents from Taylor Morisson, and officials from Sarasota County Planning.

What follows are SEBPOG's thoughts and replies to the inquiries raised in the "Baggie Note":

"Increase in density of homes over current zoning."

This is true, the primary parcel is currently rated OUE-2 (1 house per two acres), which means about 50 homes on the parcel...


The new zoning request: RSF-2 / PUD is like Sorrento East... 3.5 homes per acre. This will allow from something like between 340 to 380 new homes, depending on access and a few other issues.

Unfortunately, the land has technically, already been "slated" for rezoning by the county. This was secured in the 2014 Sarasota County Future Land Use Guide map (which is part of the larger Comprehensive Plan document) - where it recommended flipping the property in the future into the applied for new zoning. Those not familiar with what the S.C. Future Land Use Guide is, need to research it... sadly, the time for input regarding the future of this parcel happened four years ago, when the updated S.C. Future Land Use Guide was crafted...

* The Sarasota County Future Land Use Guide Map was again updated in 2016. You may review it: here.

"Ingress/Egress" through Sorrento East"

The current developers plan calls for NO FULL ACCESS at North Rossetti, only an emergency access point. The other access for the new development is out on Route 681, so there will be NO INCREASE IN TRAFFIC.

"Increased Traffic"

There will be none - Please see above.

"Increase risk of safety (on roads) for pedestrians, cyclists, children, and wildlife"

Umm, nice try... again - there will be no increase, please see above.

"Rain/Storm water run-off and drainage increasing rish of flooding in Sorrento East"

Okay, this is one of SEBPOG's primary concerns, as is so stated in our Mission Statement (which you can review: here). In our extensive talks with the developer, and county planners, the project MUST be designed with massive and in depth hydrological concerns in mind.  The parcel must: (a.) continue to accept all run-off that currently feeds into the land, and (b.) shed no run-off, from the parcel, back into Sorrento East properties. The design of the border is key to these concerns, and it will contain swales (ditches), and passive grading, so the water is channeled properly. Again, this is a county mandate.

"Risks to the endangered wildlife living in Oscar Scherer State Park and also to wetland areas shared by Oscar Scherer and the parcel in question."

There is a rather large buffer that will be set up on the northern end of the parcel for wildlife concerns. Additionally, the small shared circular seasonal wetland is to be preserved and included in the design for the community.


SEBPOG hopes the above helps answer some of these concerns... It must be understood that ALL of these topics have been completely anticipated, and are being addressed by both county agencies and the developer. Thus, it is exceedingly doubtful any of these concerns will terminate or curtail the project - which is of a large financial nature and will most likely generate something close to two hundred million dollars in new real estate sales.

We in SEBPOG wish (like you) the project was not happening - that the land would be just left as a natural buffer, as it has been for many years. Unfortunately, we must be realistic and deal with the hand we have been dealt. We must make the best of it.  The reality is: this parcel is indeed private property - it is owned by one of the most well known large land owners in the county with deep roots within the community. The company has tried to develop it several times over the past twenty or so years, and it is quite unrealistic to think - they would leave it alone, even if this developer (who has shown an impressive and sincere effort - to work with directly affected Sorrento East property owners) should somehow fail or be denied re-zoning.

With the above in mind... if non-abutting SE residents really desire to help their fellow Sorrento East neighbors - the border property owners, who will be unfortunately saddled with this... and will be on the "front lines" of this project - directly enduring the upsetness, noise, and dirt - for years... please take the time to frequently visit SEBPOG.ORG and read it... or speak with those in Sepbog who are well versed and up to date - on the details of this endeavor, as it moves forward. (We have been hard at work on this thing since late in 2017.)

Again, while we sincerely appreciate the effort of SEPOA members... please recognize that an ineffective and combative campaign raised by non-abutting / non-directly affected SEPOA members - will only run counter productive to SEBPOG's current excellent working relationships with the land owner, project developer and their agents, and county planning officials assigned to the development. (In essense, you could hurt us - not help.) There is much to be said for the age old expression: "Sometimes you get more with a carrot, than you do with a stick."  Please rest assured - we at SEBPOG are on top of this and doing our very best... Thank you for reading.

Tuesday, July 17, 2018

New Meeting for SEBPOG Members with Waldrop Engineering Regarding New Development


Due to a recent informal meeting that was held in early July between Sebpog members and a multi-disciplinary planning and development team representing the new Taylor Morrison project: Sorrento at Palmer Ranch; an additional follow-up gathering is now set for July 31st, from 4 to 6 p.m. at the Bellacina by Casey Key Clubhouse (located within the new development at: 5512 Sentiero Drive, Nokomis, FL).

This meeting is exclusively for SEBPOG.ORG members: (i.e. - those property owners within Sorrento East or nearby - with property that DIRECTLY ABUTS the Palmer Ranch Holdings parcels slated for rezoning). A special invitational mailing was sent from Taylor Morrison's agent: Waldrop Engineering, to affected property owners for the gathering.

You may review this document online: here .

If you are an abutting property owner and have concerns or suggestions regarding the project, it is imperative that you attend this meeting, as the buffer zone for this project is being designed NOW - not at some distant date in the future when all other concerns are put in place... This may be your final opportunity to make you desires heard, as how you would like the border zone handled.

Note that we at SEBPOG.ORG will be proceeding via the promotion of the points previously discussed on our current Mission Statement, which you may also review here .

SEBPOG Mission Statement

At this point, we've decided to go ahead and define our guiding mission statement for the organization as the following:


 
SEBPOG.ORG - Mission Statement

Our focus is pointed exclusively towards our members concerns. We are not directly associated with SEPOA (Sorrento East Property Owners Assoc.) and or any of their efforts (pro or against in the following matter).  Membership in Sebpog.org is defined and applied to any property owner who’s property directly abuts the Palmer Ranch Holdings, Ltd. parcel(s) slated to be rezoned from OUE-2 to RSF-2/PUD, to be sold and developed by Taylor Morrison Homes as: Sorrento at Palmer Ranch.

We are proceeding from the “viewpoint” that the project will be approved for rezoning, etc. and will move forward roughly on it’s designed schedule. With this in mind, we will be working with Taylor Morrison Homes, and or their agents to do the very best we can for SEBPOG members. At present, our primary concerns are:

1. Retention, preservation, access, and utilization of property currently possessed in whatever fashion by SEBPOG owners.

2. Erection of the largest buffer as possible between the two developments.

3. Preservation of seasonal wetlands.

4. Proper design of hydrological run-off systems.

5. A Full Masonry Border Wall - to protect SEBPOG property owners from the multi-year: land moving equipment noise, house construction noise, blowing dirt, and egress insecurity - barring workers and other potential individuals in/on the new development land from “crossing over” into the backyards of SEBPOG members.   (A masonry type wall is preferred over any vinyl or plastic fencing, as they are not durable, and require yearly maintenance to remain cosmetically attractive. Further, masonry walls are far superior for noise abatement.)

Monday, July 16, 2018

New Housing Proposal Gets Warpath Reception from Natives

Note: We have previously held this story while private negotiations have been underway between Sebpog.org and Taylor Morrison... 

Nokomis, FL 06-12-2018

The local Lutheran church meeting hall was filled to capacity with many war drum beating natives of the Sorrento East subdivision last evening - some of whom were invited to attend, a planning workshop held by members and associates of the large land developer: Taylor Morrison. The topic of the evening was the proposed rezoning and development of a long standing green buffer parcel - directly abutting the eastern border of Sorrento East homes. This approximately 111 acre of pie slice shaped land, long owned by Palmer Ranch Holdings, and currently zoned for 50 "mini-ranches" or "farmettes" under OUE-2, would be converted into RSF-2 PUD, allowing for the construction of nearly 400 residential units in dense groupings.

The presentation - chaired by Taylor Morrison attorney Charlie Bailey, was not underway long before residents began grumbling noises and snide comments, which soon broke out into rather heated verbal interruptions and pointed inquiries or recommendations. Mr. Bailey did his best to calmly answer questions and continue his presentation - which was accompanied by four large visual aid maps.

Natives pounded their war drums loudly, when poor Mr. Bailey mentioned the proposed egress for the community - one outlet being on route 681, and the other entrance (the primary reason many had attended): a connection to North Rossetti Drive - a county owned road within Sorrento East, and currently terminating at the western edge of the property in play. Mr. Bailey exclaimed at one point "...Please don't shoot the messenger!" as he attempted to simply detail existing county ordinances requiring two neighborhood entrances - as well as the county's desire, for this North Rossetti Drive connection to be "Full Access".

Mr. Bailey continued, that the developer was unsure if the North Rossetti Drive connection would be full access with or without a gated entrance - for the new development's residents only to utilize - such as is the case with the other nearby Taylor Morrision project - Bellacina at Casy Key -which is heavily gated and restricted access to their residents only.

Another option put forth by Mr. Bailey was that the North Rossetti Drive connection might be designed as "Emergency Access Only", with an unimproved road surface and locked for all but specific county emergency vehicles. This would deny new residents of the project from accessing a northerly direction on route 41, without first traveling south down highway 681, and then heading north on 41. The North Rossetti Drive connection would provide the new project's residents with easy access to traveling north on route 41, simply by turning left onto East Rubens and following it west out to route 41 - through the Sorrento East subdivision.  This was the county's recommendation for the vehicle traffic pattern.

Many residents of Sorrento East had strong objection to the proposal of additional new traffic through their neighborhood. Apparently, no traffic flow study had been completed - prior to this meeting, so it remained difficult for Mr. Bailey and others present from the Sarasota County Planning to adequately address the potential validity of the concerns raised.

The room seemed to grow louder with the voices of the disgruntled audience after this topic, and it became difficult for Mr. Bailey and others with him to continue with the presentation - the natives now quite rowdy, vocal, and or descending into their own conversations and debates concerning the matter. Attendees began to get up and leave... Mr. Bailey decided to just try to answer questions...

It seemed, Mr. Bailey had more to his presentation - than he was allowed to say... Other members of his team, and several other county planners present - seemed also, not allowed to give their complete presentations. The meeting was essentially "cut-short" by the residents - who having already "heard enough", made up their minds on the proposal and were desirous to return home. Other topics briefly touched upon concerned the nature of the western border of the property with Sorrento East residents' land and it's associated buffer zone, border treatment (fencing & walls), wildlife, utility connections, land elevation, drainage ponds...  and time frame for the project. Members of the Taylor Morrison team remained to address any additional issues - not publicly voiced by residents.

 Note: A complete edited video of this meeting was recorded by Sebpog.org and is available upon request.