Traverse City Record-Eagle

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March 16, 2010

Traverse City OK's DNR swim zone deal

Commissioners say they'll listen to the concerns of boaters

TRAVERSE CITY -- City commissioners promise to gather input from boaters before making any decisions about swim zone expansion on Grand Traverse Bay.

A long-running legal battle between the city and state came to an end Monday when commissioners voted to approve a settlement agreement with the Michigan Department of Natural Resources and Environment.

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.

Now commissioners must determine how much to expand, if at all. Both zones currently are 400 feet long, and area boaters repeatedly fought back against the idea of enlarging the zones.

Commissioners on Monday said they plan to listen to boaters before making a final decision on swim zone parameters.

"We have every intention of being as fair and as open as we can be," Commissioner Mary Ann Moore told a crowd of boaters. "We are aware of your concerns, and we will deal with them fairly."

Boaters contend existing swim zones are underutilized, and worry that bigger zones would cut off boaters' access to the beach and shallow water activities.

The city likely will discuss swim zone parameters at upcoming meetings, and at least a few commissioners could meet privately with a fledgling boaters' association formed in response to swim zone expansion.

Boaters challenged commissioners to stick to their word.

"We can pretty much pull some weight," boater and Traverse City resident Michael Giannola said. "You say you want to work with us? Prove it."

Some commissioners volunteered to serve on a subcommittee to examine the issue.

"We're in line with you, we're willing to listen to you and try to work out what's going to benefit all parties that are involved," Commissioner Ralph Soffredine said.

City officials repeatedly said they don't want to exclude boaters from the bay, but rather are looking to "balance" the use of city beaches.

Boaters said they want to start talking soon so the matter can be resolved before summer arrives.

The city sued the state last year after state officials refused to let the city expand the 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.

Commissioners last month rejected a settlement offer from the state to double the size of both zones. The new agreement offers them more flexibility, they said, especially with the parameters of the west zone.

Commissioners on Monday also approved a resolution informing the DNRE of the need for a special local ordinance regulating long-term anchoring in the bay.

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. Monday's resolution started a process that will include public hearings on the issue.

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