Judge approves town's line on the sand

Better beaches are now officially in the pipelines for Longboat Key.

Sarasota 12th Judicial Circuit Court Judge Lee Haworth issued a ruling at a Wednesday, Aug. 3, hearing that validated the town’s $16 million beach-bond referendum.

Voters overwhelmingly approved the project in March, with 76.2% voting in favor of the project. But because of an advertising error made by the Town Clerk’s office, the results were considered invalid. Although state law mandates that a bond referendum must be advertised in newspaper publications during the third and fifth weeks prior to the election, the beach-bond referendum was advertised only in the fourth week prior. As a result, the town had no access to the funds voters approved.

According to Sarasota attorney Andy Cohen, of Hankin, Persson, Davis, McClenathen & Darnell, who handled the case, the judge’s ruling was expected.

“Everything went as planned,” he said of the 30-minute hearing. “We presented testimony from the town clerk and the town manager, and no members of the public were there to object.”

The town had to convince the judge that although advertising protocols were not followed, town staff adequately made residents aware of the bond referendum through newspaper stories and presentations. If the judge had not ruled in favor of the town, the town would have been required to hold another election.

Throughout the four-and-a-half-month legal process, the town continued to work through the permitting process. Public Works Director Juan Florensa said that the town is still in the process of obtaining permits for the project, which will include the construction of a variety of erosion-control structures on the north end of the island and placing sand along the north end and other high-erosion areas.

By October, the town could receive an intent to issue permits from the Department of Environmental Protection (DEP). The project could go out for contract bids in early 2012.