Big Pass plans set stage for legal battle

For years, it seemed clear that Siesta Key residents would do whatever it took to prevent the city of Sarasota from dredging Big Pass to renourish Lido Key.

Now, the group is formally organizing support to take legal action against the city and the Florida Department of Environmental Protection.

In 2014, Save our Siesta Sand 2 retained Carlton Fields Jorden Burt attorney Don Hemke to represent the group, formed in opposition to the Big Pass dredge. As the U.S. Army Corps of Engineers proceeded with the Lido renourishment, SOSS2 has repeatedly signaled its intent to file a lawsuit over the project if necessary.

SOSS2 Chairman Peter van Roekens said he is waiting for the Army Corps to acquire the necessary permits to move forward with dredging before he files suit on behalf of his organization.

For now, he is partnering with other island organizations, such as the Siesta Key Chamber of Commerce and Siesta Key Village Association, to help cover what he estimates is about $200,000 in impending legal fees. SOSS2 has raised about $62,000 and hopes to raise an additional $150,000 by encouraging Siesta stakeholders to contribute.

“We’re all in this together,” van Roekens said.

As SOSS2 ramps up for a lawsuit, Lido Key Residents Association President Carl Shoffstall urged the city to get outside legal counsel on retainer as soon as possible at a meeting Tuesday.

“It’s coming,” Shoffstall said of a potential lawsuit. “I don’t want to wait — and I’ve got a lot of residents that are emailing me and asking me what’s going on with this.”

“This weekend, there was no beach.” — Carl Shoffstall

City Attorney Robert Fournier said the city has outside counsel lined up to work on the Lido renourishment plans; the deal just hasn’t been finalized. Fournier is working to finalize a retainer agreement with Deborah Getzoff of Bradenton-based firm Lewis, Longman and Walker.

Fournier said the agreement has been delayed because another Lewis, Longman and Walker attorney was representing a client in a suit against the city. With that suit settled, Fournier believes a deal should be in place soon.

“The Lido Key residents, of course, are concerned because they want to be able to respond quickly,” Fournier said. “I think that’s a reasonable concern, because it takes time to find someone — this is an example of what you can run into. At this point, I don’t see any reason why this shouldn’t get resolved.”

If and when the FDEP submits a notice of intent to issue a permit, there will be a 20-day period to file potential challenges. Those involved with the process believe a permit notice is not imminent, but could be issued by August or September.

On Siesta, SKVA president Mark Smith called for members to donate to the cause at the association’s monthly meeting Tuesday.

“Each business and resident kind of needs to make an assessment of what Siesta Key means to them,” Smith said.

After the meeting, Smith said he is concerned the dredging could increase erosion on the south side of Siesta Key and create the need for continued dredging to maintain the pass.

“When you take sand from a pass, it’s hard to predict what the impact will be,” Smith said.

Another reason Lido residents are anxious about getting the project done as quickly as possible is the erosion they’ve seen following Tropical Storm Colin in June. City Manager Tom Barwin said portions of Lido Beach lost between 20 and 30 feet of sand, and the next planned renourishment effort for that shoreline is the Army Corps project.

“This weekend, there was no beach,” Shoffstall said. “If anyone was out there, they know there was no beach.”

Deputy Managing Editor David Conway contributed additional reporting.