December 2, 2009
Michigan Natural Resources Trust Fund Board Meeting
- Mr. Jim Wood, Manager of Grants and Management, Michigan DNR,
provided the Board an update on the mitigation and conversion issues for
JKP that were raised at the October Michigan Natural Resources Trust Fund
(MNRTF) Board meeting. Since the October meeting several working
meetings were held between city representatives, Harbor Shores, Department
of Environmental Quality and DNR staff.
Read pages 10-11 of the December 2, 2009, MNRTF meeting minutes.
- A Benton Harbor resident attending the meeting brought to the board's
attention the fact that in 2006 it [the board] approved a conceptual plan. The
contamination issue of the mitigated parcels was again raised along with
misleading statements from the developers about the true impact to the dunes
and other natural resources of the park. Allegations that serious and possibly
illegal contamination has most likely occurred due to the golf course
development in the park was presented to the board. MNRTF trustee Dennis
Muchmore stated that; "...the materials that have been presented today
suggest, this should be presented to the Attorney General's office.
Read pages 18-19 of the December 2, 2009, MNRTF meeting minutes.
- October 21, 2009
Michigan Natural Resources Trust Fund Board Meeting
- Early into the MNRTF Board meeting, the Acting City Manager of Benton
Harbor gave an update (three years late) on the conversion and mitigation of
Jean Klock Park (JKP). Next, the President of Cornerstone Alliance,
provided comments on the Harbor Shores Development's behalf. Following
was a power point presentation that was given by a Benton Harbor City
Commissioner to show that the developers took more than 22.11 acres of
parkland for the golf course development. Read pages 4-5 of the October
21, 2009, MNRTF meeting minutes.
- Later in the meeting a Benton Harbor resident made comments regarding
several extremely important issue regarding the non-disclosure of the
developers as to the extent of the contamination of the mitigated parcels for
JKP. This individual also reminded the board of the illegal sale/conversion of
a portion of the parkland (that took place about a decade ago) that still hasn't
been resolved; and the yet undeveloped mitgation parcels for the 2003
sale/conversion of a portion of parkland for a residential development.
Read pages 18-19 of the October 21, 2009 MNRTF meeting minutes.
- September 5, 2007
Michigan DEQ Public Hearing
- Around 30 people attended the Michigan Department of Environmental
Public Hearing that was held to address questions and comments about a
proposed intake pipe, coffer dam and well that Harbor Shores wants to
construct on the Paw Paw River to irrigate the golf course. Of the many
people who spoke, legitimate concerns were raised about the 29 million
gallons of water a day that would potentially be pumped from the Paw Paw
River, the impact to the fishery and the environmental impact that could
occur if soil and sediment contaminates from old industrial sites were
disturbed and released to settle elsewhere down stream.
Because Jean Klock Park is an emotionally charged issue, the majority of
the audience who spoke ultimately turned their focus to the issue of Jean
Klock Park but were repeatedly asked to keep their comments directed
towards the intake pipe only.
Because Jean Klock Park is key to the entire proposal and Harbor Shores
has stated they will not go forward with the development without using the
park, I too directed my comments to Jean Klock Park but through a practical
rather than emotional argument.
The National Park Service is currently reviewing the conversion proposal for
the park and the Berrien County Court has not yet been approached by the
developers who must file a motion to amend the 2004 Consent Judgement.
Until the National park Service makes it's decision as to whether or not the
park can be converted for golf course purpose and the Berrien County Court
makes a determination on the Consent Judgement I strongly recommended
that to in order to spare more public tax dollars on the process and further
destruction of natural areas that the MDEQ table it's decision on any permits
related to the project until the National Park Service and Berrien County
Court, who must make the final decision, do so. You may read my written
comments to the DEQ below:
August 21, 2007
- The Department of Environmental Quality Is holding a public hearing on
Wednesday, September 5, 2007 at the Michigan Works office located at
499 West Main St, Benton Harbor at 7:00 p.m.
The purpose of this public hearing is to hear and document concerns and
comments from the public in regards to Harbor Shores' request for a
proposed 20 inch wide and forty foot long intake pipe that will be placed in
the Paw Paw River for irrigation purposes for the Jack Nicklaus golf course.
- Anyone that pays attention to the lake and river levels knows they are at
record low levels. This year alone the upstream area of St. Joe River has
exposed sandy banks that are unusually below the river level. The Paw Paw
River is the same. Extracting huge amounts of water from the Paw Paw
River could have detrimental affects on the Paw Paw and St. Joseph
Watersheds and in turn affect our area's Great Lake.
- On the surface this has nothing to do with Jean Klock Park but to many that
have written to us, this is a matter is of great of concern. In the lease
agreement between the City of Benton Harbor and Harbor Shores, Harbor
Shores has been given the groundwater rights to Jean Klock Park. We urge
those who are concerned about water conservation and water rights issues to
attend this very important public hearing.
Below are links to the following DEQ information regarding the permit
application, public hearing and where to send comments. We hope you will
attend the public hearing in order to show that our area does indeed have a
strong interest in what is taking place in our community.
On February 14, 2007 the Department of Environmental Quality issued a
letter to Harbor Shores with a lengthy outline of all of the remaining issues
and details that need to addressed before a permit is issued. Harbor Shores
has 30 days to respond. The deadline for the permit application itself is
March 22, 2007. Click on the following links to read the letter and
enclosures from the DEQ to Harbor Shores:
Letter and Enclosures
- January 30, 2007
- In August of 2006, the Friends of Jean Klock Park sent a written request to
the Army Corps of Engineers to be a consulting party for the Section 106
Review process (review of historic resources) under the National Historic
Preservation Act of 1966.
- Harbor Shores hired Hitchcock Design to do to the historical assessment of
Jean Klock Park. It was soon after we discovered there was a serious
conflict of interest as Hitchcock Design had prepared a design for the Harbor
Shores Development that included the use of Jean Klock Park as a golf
course.
When we received a copy of Hitchcock design's report in early October of
last year we wrote letters to the State Historic Preservation Office and the
Army Corps of Engineers informing them not only of the conflict with
Hitchcock design but also of the flawed process of the assessment itself. It
was then that we were granted our request to be consulting parties for the
Section 106 Review process.
On January 21, 2007 we were told the Michigan State Historical Commission
had held a meeting in Lansing at which JKP was briefly mentioned by a
State Historic Preservation Officer (SHPO). The officer announced in his
report to the commission that the section 106 review was completed with a
favorable recommendation. The SHPO was not going to stop Harbor Shores
from building a golf course within JKP.
However, on January 30, 2007 we received a letter from the Army Corps of
Engineers granting us another 30 days as a consulting party to establish the
historical significance of Jean Klock Park. We are confident that through our
research we that can more than satisfy the required criteria to establish the
Jean Klock Park's eligibility for listing on the National Register of Historic
Places. Click here to read the Army Corps letter.
January 9, 2007
- The Land Water and Management Division of the Department of
Environmental Quality and the U.S Army Corps of Engineers held a public
hearing regarding the joint permit application that was submitted by
Harbor Shores Community Redevelopment Inc. The Public Hearing was a
result of the requests from the public for that hearing due to the Public
Notice that was released on November 9, 2006 of the new permit application
that had been filed by HSCRI.
- Harbor Shores did not want that Public Hearing to be held and last
September. JFNew who did a protected plant species survey for Harbor
Shores, sent a letter to the DEQ reminding them of an agreement they
thought they had made to not hold a Public Hearing on the new permit
application and also that the DEQ would assist in "fielding" public comments
and objections in order to "avoid" a new hearing. Click here to read that
letter.
- Well over 100 people attended the Public Hearing with 25 giving public
comment. Of that twenty five only two members of the audience spoke in
favor of Harbor Shores, one who has stakes in the project. The remaining 23
who commented were either against the development in Jean Klock Park or
against the project entirely. During the 20 day public comment period for the
November of 2006 Public Notice and the Comment period for the January,
2007 Public Hearing approximately 74 written comments were submitted to
the DEQ. Of those only one was in favor of the project. Ninety nine citizen
comments and only three are for the development of Jean Klock Park?
Using any part of Jean Klock Park for a golf course development is clearly
unpopular with the majority of the public.
- October 18, 2006
- On October 18th, the Michigan Natural Resources Trust Fund Board voted 3
−1 to move ahead with the proposal to convert the majority of Jean Klock
Park into a privately owned golf course.
It was disturbingly incredulous to watch as this Trust Fund board ignored
and essentially abolished its own procedures, policies, and commitment to
our natural resources; its very mission. The approval of this proposal to
convert JKP is inconsistent with the fundamental values and goals of the
Natural Resources Trust Fund and breaks the trust under which this land
was given to the people of Benton Harbor which in turn would put into
question the permanency of every other protected property in Michigan. The
job of the NRTF Board is not to act as an economic development or social
agency, but to protect and enhance Michigan’s natural resources for public
use.
In attendance in support of preserving JKP were five Benton Harbor city
resident representatives including a city commissioner, (who addressed the
lack of full disclosure on the part of the developers) and members of the
Friends of JKP. In all, three city residents stood before the MNRTF Board
meeting to speak against the proposed conversion and mitigation of JKP.
Other speakers included a member of Defense of Place; a park advocacy
group dedicated to protecting green space for us all, Richard Brewer; author
of Conservancy: The Land Trust Movement in America, State Rep.
Alexander Lipsey who spoke in favor of listening to grassroots community
opposition and encouraged the board to be cautious and careful. Also, letters
were read by attending supporters of JKP from State Rep.Alma Wheeler
Smith and a member of the SW Michigan Land Conservancy who both
wrote to advocate the protection of JKP.
Proponents of the proposal that were called on to speak included
representatives of the Whirlpool Corporation, Cornerstone Alliance, the
Benton Harbor City Manager who is not a city resident, three City
Commissioners who are willing to move forward with the proposal without
full disclosure from the developers, a former Berrien County Trial Judge
who is not a city resident and was opposed to development in JKP in 2003
but now supports the Harbor Shores proposal, and only one Benton Harbor
(possible/uncertain) city resident representative.
While the Trust Fund Board’s decision was a setback, it was not a final
approval from the DNR.
- Contingencies Attached to Final DNR Approval:
- 1. Review and approval of the lease agreement.
2. City's acquisition of mitigated parcels within 90 days. This means they
have to acquire all properties including those from private owners who may
or may not be willing to sell.
3. Harbor Shores must report annually to the Trust Fund Board.
4. Completion of pathway to link Benton Harbor with JKP.
- Also, Harbor Shores has yet to receive permits and approval from the
National Park Service, the Department of Environmental Quality and the
Army Corp of Engineers.
- Things That Still Need to Happen:
- Approval is required from the National Park Service who issued a Land and
Water Conservation Fund grant for the improvements that were made in the
park. This grant has strict prohibitions on conversion of properties who
receive these types of grants.
- The DEQ has not approved all permits for this complex development as it
spans an enormously large and diverse area of natural features.
- Harbor Shores still needs to acquire permits from the Army Corps of
Engineers.
- Also in question is the environmental quality of the proposed mitigated sites,
especially the area near the former Aircraft Components site.
- August 22, 2006
- The City of Benton Harbor held four comment and review hearings
regarding the proposed 3 golf holes located in Jean Klock Park. They were
held at two locations with two separate meeting times. At one of those
meetings a member of the Friends of Jean Klock Park revealed to the
audience the recently discovered information that a Jack Nicklaus Signature
Golf Course does NOT require a water view to qualify as a "Signature"
course as Harbor Shores Community Redevelopment has claimed.
August 16, 2006
- Benton Harbor residents and some individuals from the Friends of Jean
Klock Park once again attended the Michigan Natural Resources Trust Fund
Board meeting in Lansing to reiterate their opposition to the Harbor Shores
golf course development within Jean Klock Park. On the agenda and also
attending were members of Harbor Shores Community Redevelopment Inc.
They did not submit a conversion request and were not there to ask for
approval; instead they were requesting a "special meeting" in September
with the Trust Fund Board, inviting them to Benton Harbor for that purpose.
The Chairman of the Trust Fund Board did not make a decision on that
meeting and advised Harbor Shores not return before the board until their
proposal is complete.
- Prior to this meeting we discovered the actual requirement for a Jack
Nicklaus Signature Golf Course was acreage and that a water view is NOT a
requirement as the residents of Benton Harbor and the Friends of Jean Klock
Park have been told. We informed the trust fund board members of this and
the fact that the developers have been asked to find alternatives to building
this course without using the park but that they have maintained that a Jack
Nicklaus Signature golf course requires a water view and without the dunes
of Jean Klock Park that this course would not be designated a "Signature"
course. Our revelation was not disputed by the attorney representing the
City of Benton Harbor in the Harbor Shores proposal and was taken note of
by the MNRTF Board.
- In addition, the attorney representing the City of Benton Harbor and
Cornerstone Alliance was questioned by a trust fund board member about his
claims at the June 15, 2005 MNRTF Board meeting [See pages 15-16 of
PDF or text excerpt below] that there was no opposition to the conversion
and mitigation (land swap) of the 4.1 acre parcel of Grand Blvd., residential
development. He was then informed that the at the April 19, 2006 meeting
Board members had learned otherwise from Benton Harbor residents who
attended that meeting and that the residents were unaware of the process and
had not been openly informed of that process and the approval by the Board
for the conversion and mitigation.
- As he stated at the February 22, 2006 MNRTF Board meeting, [see below]
the City's attorney reiterated that Jean Klock Park property contained 90
acres. We believe this was a deceptive statement intending to make the park
appear to be larger than it actually is. The truth is, only 73 acres remain of
Jean Klock Park due to the removal of several acres in the early 1950's in
order to accommodate the M-63 cloverleaf, and the mitigation of 9 additional
acres of parkland in 2005.
April 19, 2006
- Benton Harbor residents along with a Klock family member and individuals
from the Friends of Jean Klock Park appeared before the Michigan Natural
Resources Trust Fund board to express their opposition to the approved
mitigation and conversion of parkland that took place in June of 2005 and to
inform the board of the insufficient public notice given to the residents of
Benton Harbor.
But most importantly, we were there to express our concerns about further
development within Jean Klock Park as we believe the various levels of
restrictions on the park such as the original deed of 1917, the Consent
Judgement of 2004 and the conversion prohibitions attached to the 1.7M in
various grants should be considered binding.
At that time Harbor Shores Community Redevelopment Inc., had not yet
submitted a conversion request. We were advised by the Trust Fund Board
that the time for the “Friends” to raise objections to the conversion request is
once it is made.
Read the April 19, 2006 MNRTF Board meeting minutes [See pages 6-7
of PDF]
March 2006
- In March of 2006 it was learned that at the June 15, 2005 Michigan Natural
Resources Trust Fund Board meeting that the board had been told by the
City of Benton Harbor's attorney that there was no opposition to the
mitigation and conversion of the Grand Blvd. property and that there had
been no letters to the editor. [Read excerpt from meeting minutes below]
This statement was made nearly eighteen months after the Consent
Judgement was handed down and the controversy had been forgotten by the
public. The Friends of Jean Klock Park were still under a court order not to
undermine the project and at the time were unaware of the Trust Fund
Board's role in the approval of the conversion.
In addition, during mediation, (and posted on the developer's website) it was
indicated to us that the replacement property would be along the Paw Paw
River for a canoe livery. Instead, six substandard lots scattered through out
the downtown area that were not comparable to the Jean Klock Park
property were mitigated for Grand Blvd. Certain city residents learned of this
after the fact and made preparations to attend the April 19, 2006 MNRTF
Board meeting.
June 15, 2005 MNRTF Board Meeting Minutes Excerpt:
- TF89-114, Jean Klock Park, City of Benton Harbor – PROPOSED
MITIGATION.
- Mr. Wood outlined TF89-114, Jean Klock Park, a proposed mitigation
submitted by the City of Benton Harbor. The Board approved a conversion
of the project at its June 16, 2004 meeting, contingent upon review and
approval by the DNR and Board of adequate mitigation parcels.
The city has provided six parcels that adequately mitigate the loss of some of
the upland section of the park. Parcels vary in providing additional water
access or recreation opportunities.
At this point, Mr. Geoffrey Fields, attorney for the City of Benton Harbor,
provided some additional comments.
- Mr. Geoffrey Fields, Attorney for the City of Benton Harbor – TF89-114,
Jean Klock Park, City of Benton Harbor.
- Mr. Geoffrey Fields, attorney for the City of Benton Harbor, outlined some
further details for the proposed mitigation of a parcel for TF89-114, Jean
Klock Park. He further represents the Cornerstone Alliance, which is the
economic development agency in St. Joseph and Benton Harbor.
Mr. Fields stated that the conversion was approved by the Board at the June
2004 meeting, and the mitigation was approved in December of 2004. The
city needed to submit surveys so the DNR had accurate information.
Mr. Fields pointed out to the Board that the city has discontinued admission
fees to the park. The city has also secured a bid to remove the fence that
keeps people from coming into the park. The city is excavating Grand
Boulevard. The project that the Board has before them is only one part of
Grand Boulevard. Most of the growth has been buried under sand for some
time. It goes along Lake Michigan and when it is open, it allows people to
drive down to the beach. As it stands now, there is a parking lot about 100
yards away from the beach. M.C.Smith Associates has been hired to develop
a plan for recreation uses for the park and Grand Boulevard.
Mr. Fields continued by describing further proposed developments for the St.
Joseph and Paw Paw River areas. Plans are being made to open up the Paw
Paw River for boat traffic.
Mr. Fields stated that the biggest mitigation parcel proposed is the Riverview
Parcel (3.08 acres) and is right next to the DNR’s boat launch. It is the city’s
hope that DNR will be able to expand the boat launch. The city is prepared
to either deed the property to the State or create an easement.
Ms. Pollack asked if there was any local opposition to the mitigation. Mr.
Fields responded that there was some initial opposition. There was a lawsuit
that was filed by the “Friends of Jean Klock Park.” The lawsuit was settled
in six months. It was established that the protection that everybody wanted in
place for the park would not hold up in court. What the city agreed to do is
enter a permanent judgment so except for the narrow four-acre strip and one
other parcel on the beach, this park is permanent confined to beach and park
use. There is a permanent protection and was part of the deal. There still are
people who would rather see nothing done to the park, but it has been quite
some time since we have seen letters to the editor of the newspaper about
this project.
Ms. Pollack asked if new housing in the City of Benton Harbor is hard to
come by and wondered if this mitigation is to allow for new housing. Mr.
Fields responded that this would be to allow 27 homes to be built with a lake
view. It is the only housing in the city that would be so situated. The city
would be getting the majority of the proceeds from the sale. It is estimated
that it would increase the State Equalized Value for the residential tax base
by over one-third. Ms. Pollack asked if the 27 homes proposed to be built
would be gated. Mr. Fields responded no.
- MOVED BY MR. GARNER, SUPPORTED BY MR. TORRE, TO
APPROVE THE MITIGATION FOR TF89-114, JEAN KLOCK PARK,
CITY OF BENTON HARBOR, CONSISTING OF SIX PARCELS
DESCRIBED AS RIVERVIEW PARCEL (3.08 ACRES), OX CREEK
SOUTH (1.56 ACRES), OX CREEK NORTH (0.53 ACRES), CITY
CENTER PARCEL (1.35 ACRES), HARBOR TOWN 1 PARCEL (1.64
ACRES), AND LIBERTY THEATER PARCEL (0.41 ACRES),
TOTALLING 8.57 ACRES WITHIN THE CITY OF BENTON HARBOR.
THE LAND WITHIN THE BOUNDARIES OF THESE PARCELS WILL
BE ENCUMBERED AND ALL OBLIGATIONS UNDER THE MNRTF
PROGRAM WILL TRANSFER TO THE MITIGATION PARCELS.
PASSED.
- Reference: June 15, 2005 MNRTF meeting minutes [See pages 15-16 of
PDF]
February 22, 2006
- The attorney representing the City of Benton Harbor provided the Michigan
Natural Resources Trust Fund Board with a preview of the proposal for a
golf course within Jean Klock Park. In his statements he tells the Board that
there are approximately 90 acres of parkland within the boundaries of Jean
Klock Park. We consider this a blatant deception to the Trust Fund Board as
the attorney knows full well that there are only 73 acres left to Jean Klock
Park due to MDOT using approximately 7 acres for the cloverleaf
interchange on M-63 in the late '40s, early '50s, and the mitigation of 9 acres
of parkland resulting from the Settlement Agreement in December of 2003
and Consent Judgement of January 2004.
- Read the February 22, 2006 MNRTF meeting minutes. [See pages 4-6 of
PDF]
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