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BCC MB 48/881 SEPTEMBER 25, 2003 the Board of County

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BCC MB 48/881 SEPTEMBER 25, 2003 the Board of County SEPTEMBER 25, 2003 The Board of County Commissioners, Manatee County, Florida, met in SPECIAL SESSION in the Administrative Center, 1112 Manatee Avenue West, Bradenton, Florida, Thursday, September 25, 2003, at 6:04 p.m. Present were Commissioners: Jonathan Bruce, Chairman Ron Getman, Second Vice-Chairman Gwendolyn Y. Brown, Third Vice-Chairman Patricia M. Glass Joe McClash Amy Stein Absent were: Jane W. von Hahmann, First Vice-Chairman (conference) Also present were: David Rothfuss, Assistant County Administrator William Henry, Chief Assistant Count Attorney Susan G. Romine, Board Records Supervisor, representing R. B. Shore, Clerk of Circuit Court Invocation by Mrs. Stein. AGENDA Agenda of September 25, 2003, and sign-in sheets. BC20030925DOC001 ORDINANCE 03-57 – BOATING SAFETY AND MANATEE PROTECTION Public hearing (Notice in the Bradenton Herald 9/12/03) was opened to consider ORDINANCE 03-57 AN ORDINANCE OF MANATEE COUNTY, FLORIDA, AMENDING AND RESCINDING MANATEE COUNTY ORDINANCES 87-1, 99-03, 99-67, 00-30, AND 00-47 RELATING TO VESSEL CONTROL, WATER SAFETY, ENVIRONMENTAL AND MANATEE PROTECTION, AND NOISE ABATEMENT; PROVIDING FOR DEFINITIONS; ESTABLISHING RESTRICTED AND REGULATED AREAS; PROVIDING FOR SPEED AND PRUDENT OPERATION CRITERIA; AND PROVIDING FOR ENFORCEMENT, EXEMPTIONS, PENALITIES, PROCEDURES, SEVERABILITY AND AN EFFECTIVE DATE. Karen Collins-Fleming, Environmental Management Director, stated Ordinance 99-03 is being revised to make it more protective of manatees and keep the original intent to protect boater safety and waterfront property. Public input through the Local Rule Review Committee and a public meeting on September 9, 2003, were used in drafting the Ordinance. Doug Means, Environmental Management Department, submitted a petition and a letter from Anthony Maddaloni, representing residents of Waterlefe, in support of Ordinance 03-57, and a request by Grimes and Goebel regarding the Perico Harbor Marina application. He reviewed a slide presentation, which included maps of the proposed regulations, and he reviewed enlargements of those maps. He addressed the moratorium by the federal government for boat dock permits (300). He reviewed a map depicting the regulatory zones proposed by Florida Fish and Wildlife Conservation Commission (FFWCC); the Local Review Committee’s recommendations for the Upper Manatee River/ Braden River Area, Terra Ceia Bay/Manatee River Area, Upper Manatee River and Anna Maria Sound Areas, and education; an overall map of the county; and comments from the Local Review Committee. The maps in the slide presentation were divided into the following sections: overall; Tampa Bay - Port Manatee south including Manatee River west of Desoto Bridge; Braden River and Middle Manatee River – Desoto Bridge east to I-75; Upper Manatee River – east of I-75; Anna Maria Sound – south to Cortez Road; and Sarasota Bay – Cortez Road south to Sarasota county line, depicting the current proposals for speed, recreation areas, and manatee congregation areas. BC20030925DOC002 Discussion: Manatee mortalities and population growth; boat related deaths; recreation areas; Local Review Committee of three counties did not recommend recreation areas but endorsed the concept; historical uses; boat dock moratorium; state will set rules if county does not; etc. (Mrs. Glass absent for a portion of discussion) Sheriff Charlie Wells, stated his concern with enforcement as the Sheriff’s Office has only two Marine Patrol deputies. He requested consistency in the shoreline footage and signage and stated that the Sheriff’s Office does not have the equipment to handle the noise violations of the Ordinance. Suzanne Tarr, Save the Manatee Club, submitted written comments and stated manatees are in decline in the southwest Florida area due to accidents. She supported education, enforcement, and regulation changes. She supported an additional vessel registration fee under Florida Statute 328.66. BC20030925DOC003 Byron Shinn, President of Preserve Our Waterways, Estuaries, and Rights (POWER), requested that traditional recreational zones be recognized and 300 feet from the shoreline be protected waters. He addressed the number of signs in the water for safety issues, and submitted refinements to staff recommendations. BC20030925DOC004 BCC MB 48/881 SEPTEMBER 25, 2003 (Continued) Caleb Grimes reviewed five maps proposed by POWER and submitted a letter recommending changes in regards to means of enforcements and designation of areas of regulated water activities. BC20030925DOC005 Speaking in favor of the POWER position based on number of signs due to safety issues, consistency, and visual pollution, designated 300-foot buffer zone, unregulated speeds in Palma Sola Bay, historical recreational areas, and speed limits were: Joe Kennedy; Joel Cote; Cheryl Huntsinger; Neil Spirtas, representing the Chamber of Commerce; Tom Lavin; Jeff Scott; Don Huntsinger; Robert Allums; George David; Tammy Lavin; Scott Moore; John Laurie; Bill Sernulka, who submitted a photograph of the Braden River; Charlie Jones; Dr. Lisa Lanzisera; Bill Turner; Eric Levin; Peter Kreissle; David Scherer; Bob Greene; Garret Barnes; Dan Hamilton; Bill Wrightson, who submitted photographs of the Braden River; Martin Desrochers; Paul Erbele; Ted Forsgren, representing Coastal Conservation Association of Florida, who submitted chart of manatee population and mortalities; Derek Doig; Amber Levin; George Hooper; Jim Turner; Phil Derstine; Tim Calpin; Mark Nelson; Dean Samuelson; Mac Spencer, representing Standing Watch; and Damon Shinn. BC20030925DOC006 Joe King, River Forest Homeowners Association, stated concern with extending recreation areas on the Braden River south to River Forest because of the narrowness of the river at that location, and expressed concern about enforcement of the ordinance. Speaking against the ordinance based on the need for more protection of manatee habitats, high speed boat traffic where manatees congregate, enforcement problems, visual blight with signage as well as navigation hazards, noise pollution, soil erosion, and preference of a 600-foot, slow-speed buffer were: Alice Jewett, who submitted petitions on behalf of Bunny Garst; James Zacharias; Joan Hodges; Andy Bowman; Diana Stewart; Brad Weigle, who submitted maps depicting manatees in Miguel Bay; Jessica Koelsch, representing Ocean Conservancy, who submitted a map of possible recreational areas and a list of motorboat minimum plane speeds by manufacturers; Joan Perry, representing ManaSota 88, who submitted comments; Elizabeth Bharucha; Sandra Ripberger, representing the Sierra Club, who submitted a boating chart; Mary Sheppard; Jim Newton; Arlene Flisik, representing Audubon Society; and Jono Miller. BC20030925DOC007 Speaking in opposition to the POWER position of a recreation area on the Braden River and increased speed limits were: Gudrun Bennett; Marti Beukema, who submitted a statement from Lois Congdon; Phil Annrinziato; Karen Ciemniecki, representing Friends of the Braden River, who submitted comments, an aerial map of Braden River, and a manatee watch report; Bob Jewett; Claflin Garst, Jr.; Patricia Petruff; and Alice Jewett, who submitted a map of proposed recreation zones, based on results of a survey of property owners on Braden River. BC20030925DOC008 John Fisher, Katie Moon, and Irene Auster-van Espal spoke in favor of Ordinance 03-57. Jim Clendenon stated he is concerned about erosion with a 300-year-old oak tree on his property, and requested his property be part of the slow zone. (Depart Mrs. Glass) Discussion: Signage safety issue; law enforcement felt 300 feet enforceable without markers; citations issued to operator or owner of vessel; noise pollution enforced by Code Enforcement; second option on Braden River recreation areas; Upper Manatee River issues: extend slow zone past tree, recreation areas, Ray’s Canoe; enhanced education awareness; funds to implement ordinance; map amendments: eliminate slow speed area on south side of Bishop Harbor; no buffer north of Perico Island; eliminate slow speed on west side of Anna Maria Sound; 300-foot buffer from shore on south side of Palma Sola Bay; 300-foot buffer south and east side of Jew Fish Key; 300 feet around Sister Key; channel in Longboat Pass; 300-foot buffer from Tidy Island north and south to Long Bar Point; etc. Larry Bahnsen, Sheriff’s Marine Unit, stated the channel goes out Longboat Pass and southwest. The swash channel is not marked and is located 30 feet in front of the jetty. Discussion: County Attorney work with cities on municipal ordinances; blue line on map as channel marking clearer as to width of channel; maps showing manatees east of I-75; acreage calculation of red protected slow areas; Florida Statutes makes most marine offenses civil infractions; Article V rules in prosecuting; etc. Mr. McClash submitted the recommendation from the Tampa Bay Manatee Protection Task Force for the 25 knots (29 mph) speed in channels. BC20030925DOC009 (Depart Ms. Brown) Motion was made by Mr. McClash, seconded by Mrs. Stein, and carried 4 to 0, to continue Ordinance 03-57 to October 7, 2003, at 9:00 a.m. or as soon thereafter as same may be heard. MEETING ADJOURNED There being no further business, the meeting was adjourned. Adj: 12:20 a.m., September 26, 2003 /tb Minutes Approved: November 18, 2003 BCC MB 48/882 .
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