www.mymanatee.org
Manatee County Government Administrative Center Commission Chambers, First Floor 9:00 a.m. - September 23, 2014
REVISED September 23, 2014 - Regular Meeting
Agenda Item #45


Subject
2:00 P.M. TIME CERTAIN: Ordinance Amending Section 2-32-11 of the Manatee County Code of Laws, Waterways, to Provide an Exemption for USCG-Permitted Boat Races

Briefings
None

Contact and/or Presenter Information

Alan Lai Hipp, Environmental Program Manager, ext. 6008, alan.laihipp@mymanatee.org

David Gustafson, Executive Director, Bradenton DDA, (941) 374-9482



Action Requested

Adopt Ordinance No. 14-42 to amend Section 2-32-11 of the Manatee County Code of Laws, Waterways, to provide an exemption for USCG-permitted boat races.



Enabling/Regulating Authority

Florida Statute 125



Background Discussion
  • The Bradenton Downtown Development Authority (DDA) and its partners are planning a Formula 2 class boat race which will take place in the section of the Manatee River between the Green Bridge and the CSX train trestle. The event is scheduled for February 6 and 7, 2015.  During the race event, this section of the river will be closed to regular vessel traffic by the U.S. Coast Guard (USCG) (pursuant to a marine event permit application currently under review by the USCG) and other law enforcement agencies. The planned Formula 2 race course is situated entirely within the boating safety slow speed zone established by Manatee County pursuant to Section 2-32-5(a)(7) of the Manatee County Code of Ordinances. No portion of the race will occur within the manatee protection zone in the Manatee River. Extensive planning and coordination is being conducted by the Bradenton DDA and its partners to address natural resources, protected species and boating safety concerns.
  • There is no suitable alternative to shifting the race course within the area to avoid the boating safety slow speed zone. If the race cannot take place within the boating safety zone, the only alternatives would be to move the race course significantly west of the Green Bridge or significantly east of the train trestle to avoid the limits of the zone. These alternatives will not meet the intent of having the race in this area because none of the planned public viewing areas, i.e. the Riverfront and Green Bridge could reasonably be utilized.
  • The current Waterways Ordinance (codified as Chapter 2-32 of the Code of Ordinances) accounts for boat races by creating exemptions in Section 2-32-11:  Subsection (a) provides an automatic exemption for races outside of slow speed zones; Subsection (b) provides for an exemption for races within slow speed zones (both boating safety and manatee protection) but only when permitted by FWC.
  • This amendment adds language to Section 2-32-11 exempting valid USCG permit holders from the provisions of Sections 2-32-5 for boat race events, but only while engaged in the permitted activity.  In order to avoid potential conflicts with FWC, the scope of this amendment is limited to only boating safety zones, leaving manatee protection zones unaffected.
  • The County Attorney's review (attached) points to several additions and clarifications to the staff proposed amendment draft.  All recommended changes have been incorporated into the final draft proposed for Board consideration.


County Attorney Review
Formal Written Review (Opinion memo must be attached)

Explanation of Other


Reviewing Attorney
Clague

Instructions to Board Records

Return one certified recorded copy of Ordinance No. 14-42 to Parks and Natural Resources Department, Alan Lai Hipp, ext. 6008.



Cost and Funds Source Account Number and Name
N/A

Amount and Frequency of Recurring Costs
N/A


Attachment:  Ordinance 14-42.pdf
Attachment:  RLS-14-232 Response.pdf
Attachment:  Affidavit-Notice of Public Hearing - Ord 14-42.pdf