Town moves to validate beach vote

The Longboat Key Town Commission gave Town Manager Bruce St. Denis direction to file a lawsuit in either Manatee or Sarasota County asking a judge to validate its $16 million beach bond referendum.
The town has no access to $16 million in funds Key voters approved last week for a beach project because of an advertising error committed by the Town Clerk’s Office.

St. Denis also informed the commission that the town is unable to request a special act of the Legislature to get an opinion that would be entered into the record for a county judge to review. It’s too late in the year to ask the Legislature for such a request.

“You have my apologies for the fact that we are in this situation,” St. Denis said.

Town attorney David Persson explained that had the town obtained the opinion from the Legislature, the outcome “would have been easy.”

“Without the act of the Legislature, it by no means assures us of validation,” Persson said. “It’s an option to consider, but there’s no guarantee.”

Noting that the only other option at this point would be to hold another election, St. Denis told the commission he thinks the town’s chances of winning the lawsuit are good.

The town must convince a judge that even though it didn’t advertise the bond referendum appropriately, town staff more than adequately made residents aware of the bond referendum in the form of newspaper articles and beach meetings and presentations.

“As far as meeting the intent of this and making sure everyone knew about this, I think we can make a good case,” St. Denis said. “If we go back through a voting process, we take a step back. I feel confident we will win.”

St. Denis also pointed to the fact that almost 80% of the town’s voters approved the $16 million sand-and-structures project.

Commissioner Jack Duncan asked St. Denis what happens if the judge doesn’t rule in favor of the town.

“Then we would have to hold another election and go through the process of making a beach project decision all over again at that point in time, depending on the conditions of the beach,” St. Denis said.

The commission unanimously agreed to move forward with a $15,000 lawsuit process that could take three to six months to get resolved. If a judge rules in favor of the town at the end of that process, the beach bond could then be issued to the town.

Duncan urged St. Denis and the town staff not to feel bad about the beach project hurdle.

“At the end of the day, I think you guys did a hell of a job publicizing this around the Key, and no one should be walking around with their head down,” Duncan said.

Contact Kurt Schultheis at [email protected]