BRADENTON BEACH – Paradise Boat Tours General Manager Sherman Baldwin questions the county’s request that he no longer refuel his tour boat at the county-owned loading dock near Longboat Pass.
The loading dock and seawall are located near the mouth of the pass, at the south end of the Coquina South boat ramp area.
For several years, Baldwin and his employees have used a modified pickup truck to refuel the tour boat at the county-owned loading dock, rather than pay the higher cost of refueling at a marina.
Concerns expressed
On Monday, Dec. 14, Baldwin addressed his concerns in an email to county commissioners, County Administrator Cheri Coryea and several county staff members.
His email noted he’s been using the county loading dock for nearly seven years.
“During this time, our refueling operations have been inspected by The United States Coast Guard, the Florida Wildlife Commission, Manatee County Marine Sheriff’s deputies and Bradenton Beach officials. All without incident or infraction. Two years ago we were asked to elaborate in writing our refueling protocols by the city of Bradenton Beach prompted by the Manatee County Parks and Natural Resources Department, specifically Alan Lai Hipp. All seemed good,” Baldwin stated in his email.
“However, six weeks ago sheriff’s deputies informed us that they have been instructed to prevent us from refueling there anymore, and that it was Alan Lai Hipp who they received their instructions from. In fact, if we refueled there again, we would be subject to arrest,” Baldwin wrote.
“We invested over $10,000 in modifications to a Ford F150 to be in compliance with federal regulations and now we are told to cease fueling operations without hearing or recourse. Marina fuel is over $2 more per gallon than the street price. This additional cost will force us to terminate at least one employee due to an increased fuel cost of over 65%, representing almost $650 per week loss. We were informed that our only option is to attend and speak at public comment at a commission meeting,” Baldwin wrote.
His email then stated his intent to refuel at the county dock at 9 a.m. on Thursday, Dec. 17 – even at the risk of arrest.
On Tuesday, Dec. 15, Coryea sent the commissioners the response she received from Parks and Natural Resources Director Charlie Hunsicker and his staff.
“This vendor was observed using this facility without permission in reports we received from Property Management Parks Maintenance and Public Safety Marine Patrol staff over several months – prior to our department issue of written notice to discontinue unauthorized use in 2019,” Hunsicker stated in his email to Coryea.
“In February of 2020, we engaged in several written exchanges with the vendor in response to letters of concern posted by this vendor to the board of county commissioners which asked for permission to continue private vessel refueling operations at this location. This operator refuses to accept our recommendations as manager of this dock space which have been clearly and repeatedly communicated with him,” Hunsicker wrote.
“Despite claims to the contrary, this private business operator never received permission from our department to operate a private vessel fueling operation at this location; nor does the city of Bradenton Beach have any record of approval.
“Despite the operator’s assurance that he has the capability to safely operate his private business from this facility, there are substantial risks to the county unique to marine operations to continue to allow this operation from an unstaffed public facility without extensive provisions for release of liability waiver, environmental damage insurance and other risk management driven considerations,” Hunsicker wrote.
“Use of this dock previously has been limited to and allowed for heavy construction vendors under contract to the city of Bradenton Beach for public pier and dock repairs, the State of Florida for maintenance activities for the Longboat Pass Bridge and Longboat Pass maintenance, and to Manatee County for deployment of material for offshore artificial reef sites and beach renourishment related construction activities.
“Moreover, if a private vendor of any size or complexity were to request to be allowed to operate at this county public facility, any business proposition would have to be thoroughly vetted through a competitive process to open this opportunity to any prospective vendor who would likewise enjoy the benefit of using this public facility without the charges invoked at many private marinas in Manatee County that offer commercial fueling capabilities,” Hunsicker wrote.
Commission discussion
During public comment at the Tuesday, Dec. 15 county commission meeting, Baldwin read his email aloud to county commissioners.
During the discussion that followed, commissioners Vanessa Baugh and Kevin Van Ostenbridge were among those who expressed strong opposition to a business owner being arrested for refueling his boat.
County Attorney Mickey Palmer told the commission the loading dock is located in a county-owned public park and trespassing someone from that public space is not advised.
Palmer also said he’s not aware of any county code or regulation that currently prohibits refueling at the county dock. Palmer recommended the county “stand down” and take no action until this matter is further researched and sorted out.
Commissioner Carol Whitmore expressed concerns about other commercial boat owners, operators and fishermen engaging in similar fueling activities if Baldwin is allowed to do so.
The commission was in unanimous agreement that boat fueling is not a desired activity at that location.
Van Ostenbridge made a motion directing the county attorney’s office to prepare a document that formally prohibits refueling activities at the loading dock – and potentially at county boat ramps as well. That document is expected to be discussed and potentially adopted in January.
Refueling resumes
On Thursday, Dec. 17, Baldwin and Capt. Justin Jones resumed their refueling operations at the county dock.
Baldwin said he realizes a county prohibition is likely forthcoming, but he can still experience at least one month’s worth of fuel cost savings until then. Baldwin said he’s looked for alternative locations to continue refueling in this manner and has not found one.
Baldwin said one refueling operation provides enough fuel for 10-12 boat tours, and Paradise Boat Tours operates as many as six tours per day.
