Director of Parks, Recreation and Natural Resources stresses that permitting and erection of signage will take months before enforcement can begin
Speakers during a Dec. 16 public hearing did let the Sarasota County commissioners know that they would have preferred a motorboat exclusion zone around Ted Sperling Park on South Lido Key, which would have applied to jet skis, too.
Nonetheless, given the concerns about the enforcement issue that commissioners voiced during the Nov. 18 public hearing on that proposed 300-foot zone, the board members this week voted unanimously to approve a 300-foot ‘Idle Speed, No Wake’ zone instead.
During a presentation at the start of the Nov. 18 hearing, Nicole Rissler, director of the county’s Parks, Recreation and Natural Resources Department (PRNR), explained that the Florida Fish and Wildlife Conservation Commission (FWC) had indicated that its leaders did not feel the exclusion zone would be appropriate and would not provide a permit for it. She pointed out that other law enforcement agencies responsible for dealing with the exclusion zone likely would take FWC’s lead.
Only the Sarasota Police Department indicated a willingness to enforce such a zone around the park’s boundary.
As Commissioner Tom Knight stressed after the close of the Dec. 16 hearing, “One thing I think is forgotten [is] this board has no law enforcement arm. Zero. … So we’re going to provide the best means necessary for safety …”
Looking at proponents of the exclusion zone seated in the audience, Knight added, “I just want to make sure you all are aware of that. … We’re doing everything we can as a board to bring peace and harmony to Ted Sperling Park.”
Knight seconded Commissioner Mark Smith’s motion to approve a county ordinance to implement the Idle Speed, No Wake zone, as well as amendments to Chapter 130 of the County Code. The latter expanded authorization of enforcement of the regulations beyond the Sarasota County Sheriff’s Office “to include any sworn law enforcement officer certified pursuant to Florida Statute Chapter 943,” as a county memo explained, and to adjust the hours that the park is open.
“I hope it works,” Smith said of the new measure, having advocated himself for the exclusion zone.
“If it doesn’t,” Smith added, “I’m sure we’ll see Dave [Rayner] again.”
He was referring to one of the South Lido residents who has addressed the commission multiple times over the past few years about the dangers of jet skiers racing offshore, near boaters, kayakers and swimmers. Rayner is among several South Lido property owners who have shown the board members videos and photos to underscore their concerns that the situation threatens lives.
With the commission meeting running well behind schedule on Dec. 16, as a result of nearly three hours of remarks during the Open to the Public period at the start of the session, Rissler of PRNR did not provide a full presentation, as she had during the Nov. 18 hearing. With the approval of Chair Joe Neunder, she only highlighted specific details related to the proposed ordinance.
Primarily, Rissler stressed that if the Idle Speed, No Wake zone were approved that day, “We still have quite a ways to go.”
The ordinance would go into effect on Jan. 1, she noted, but staff cannot enforce it until staff receives the necessary permits from FWC, the Florida Department of Environmental Protection, the U.S. Coast Guard and the U.S. Army Corps of Engineers. Nonetheless, on Jan. 1, she said, staff can begin its application process for the permits.
She estimated that “it will take several months” to obtain those.
In the meantime, Rissler said, staff can begin the effort to purchase either buoys or piling markers to delineate the Idle Speed, No Wake zone. She reminded the board members about the estimated expense of each option, showing them a slide.
Moreover, Rissler noted, annual maintenance of the signs will be necessary, though she did not predict what that cost would be.
Further, Rissler told the board, “We will continue to coordinate with our law enforcement partners and the City of Sarasota. As all of you know,” she continued, “this is a park within the city.”
She did note that while Justin McBride, the executive director of the West Coast Inland Navigation District (WCIND), which is headquartered in Venice, could not be present that day, he had sent a letter to staff, providing the organization’s endorsement of the Idle Speed, No Wake zone.
Just before the board vote, Commissioner Ron Cutsinger reiterated Rissler’s comments about the fact that the timeline before enforcement can start will be “very lengthy.” He urged the public, “Be patient as [the process] moves forward.”
‘Very, very disappointed’
A number of the speakers who appeared before the commission during the Nov. 18 hearing — including Dave Rayner — were present again on Dec. 16.
Among them, Philip Secord, regional manager of the Marine Industries Association of Southwest Florida, told the board members that members of that organization believe “that the ordinance for the [Idle Speed, No Wake zone] is going to push the goal that you’re looking for, to make that beach and that park safe.”
Operators of large vessels, Secord added, “come in soft; they come in under control.”
He said he believes that the ordinance will resolve the problems with jet skis.
Lourdes Ramirez of Siesta Key, the new president of the Sarasota County Council of Neighborhood Associations (CONA), noted that her organization would have preferred the 300-foot motorboat exclusion zone. Nonetheless, she told the commissioners, the proposed ordinance “gives you a balanced and responsible solution to the problem. It significantly improves the safety for the swimmers,” while allowing boaters to approach the Sperling Park shoreline.
She did urge the commissioners to work with law enforcement personnel and/or county Code Enforcement staff to try to stop the illegal rentals of jet skis within Ted Sperling Park — an activity about which South Lido residents also have complained.
“A lot of visitors aren’t aware that they’re not supposed to be renting from those people,” Ramirez pointed out, “and they’re not getting instructions [on how to operate the jet skis, as state law requires].”
Another South Lido resident, Thomas Gardner, also talked of his preference for the exclusion zone. However, he acknowledged, “I’m learning that in politics, you have to learn how to compromise or you won’t get anything done.”
While he is agreeable to the Idle Speed, No Wake zone as an alternative, he stressed that he and his neighbors are concerned about whether it will be enforced.
Gardner added that the Sheriff’s Office does not deal with the illegal activities at the park when residents make complaints; the Sarasota Police Department does, and it has its challenges.
Yet another South Lido resident — Jane Conrad — concurred with Gardner that the Idle Speed, No Wake zone will help with the situation at the park, “but only if it’s enforced.”
Rayner, whom Commissioner Smith referred to after the hearing, stressed that South Lido homeowners “were very, very disappointed” about the lack of commission support for the exclusion zone. “That brings to mind an old saying,” he continued: “Don’t let perfect be the enemy of good.”
He, too, emphasized, “The issue here really is enforcement, [and] it’s our opinion [that the Idle Speed, No Wake zone] is really not going to be necessarily enforceable.”
Rayner did acknowledge that Officer Mike Skinner of the Sarasota Police Department’s Marine Patrol had stated that the zone can be enforced. “I know what they can do,” Rayner added. “The problem is there’s an awful lot of beach.”
Skinner can remain on a Marine Patrol vessel for 30 minutes in Big Sarasota Pass, offshore of the park, Rayner pointed out, and operators of jet skis will behave while the Skinner is present. Yet, as soon as Skinner leaves, Rayner told the commissioners, everything “goes back to the way it was.”
He further stressed his doubt that jet skiers will abide by the new regulations. “I guess I’ve lived with [the situation] too long to believe that’s going to happen.”