Below is an un-updated timeline/journal of various public hearings, events and
activities with the state regulatory agencies. We will update this in the near future.
In the meantime you should still be able to get an idea of the manipulation that has
occurred on the part of the Developers and Michigan's Governor Granholm.
September 5, 2007
- 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 communitity.
- February 14, 2007
- 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]
| Save Jean Klock Park |
| Our legal challenge is continuing - our fight is not over! |
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| State of Michigan Regulatory Agencies |
Friends of Jean Klock Park | PO Box 8988 | Benton Harbor, MI 49023 info@savejeanklockpark.org | www.savejeanklockpark.org © 2009 Friends of Jean Klock Park. All Rights Reserved. |