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  • JAN-MICHAEL STUMP

    NCF BOATS
March 13, 2010

Swim zones can expand under deal

BY ART BUKOWSKI

TRAVERSE CITY -- City officials sought local control and flexibility as they battled with the state about bayfront swim zones, and a new agreement gives them a good deal of both.

The city on Friday released a settlement agreement with the Michigan Department of Natural Resources and Environment that will allow expanded swim zones on Grand Traverse Bay.

The deal gives the city authority to triple the size of a swim zone west of the city-owned marina, and double the size of another zone east of the marina. City officials also can move the western zone around, provided it doesn't exceed maximum parameters.

"It's been a long process, and it's nice that it will come to a conclusion," City Attorney Karrie Zeits said. "It's a relief."

DNRE spokeswoman Mary Dettloff called the deal "fair."

The city commission must approve the settlement, and could do so at its Monday meeting. The agreement gives the city authority to expand the zones, but commissioners must now decide how much to expand, if at all.

They'll likely get an earful from area boaters, who repeatedly have appeared at commission meetings to oppose expansion.

"We will definitely continue to be very vocal about this," Traverse City resident and boater Michael Giannola said. "The majority of boaters continue to feel that the current size of the swim zone is sufficient."

The west zone is 400 feet long now, and could be expanded to 1,200 feet. The east zone could now legally go from 400 to 800 feet.

"The swimmers don't need 1,200 feet; the city doesn't need 1,200 feet. It's pretty much turned into a control issue," Giannola said. "They just don't want to have to ask permission."

City Commissioner Ralph Soffredine is pleased the settlement offers flexibility.

"We can make it either big or small, or we can move it back and forth," he said. "It gives us the ability to do several things, and that's what we were looking for."

Zeits said commissioners could make swim zone size adjustments as necessary.

"I would anticipate they will (set) it this year and they may change it next year or they may not, it depends on needs and balancing uses," she said.

Soffredine said tweaking could be more frequent than that.

"We can do it week by week, if we have to," he said.

The city commission will attempt to work with boaters to figure out swim zone sizes, Soffredine said. It's been difficult to engage in discussions with boaters because of litigation, he said.

The city sued the state last year after state officials refused to let the city expand swim zones. A local judge ruled in the city's favor, but both sides entered into settlement talks to avoid an appeal and additional litigation.

The settlement also addresses long-term anchoring in the bay, a thorny issue for several years. The city will have to provide the state evidence in support of local control over long-term anchoring, and the state eventually could allow for a local ordinance on the matter.

Public hearings will be scheduled, and boaters given a chance to provide input.

"We're interested in hearing from the boaters: how long is too long," Soffredine said.

Giannola said boaters wouldn't mind discussing long-term anchoring.

"That's one issue I think we're all on the same page on ... it's an issue that needs to be addressed," he said.

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