Save Jean Klock Park













    February 16, 2012
    The Herald Palladium reported that Joe Harris signed ORDER NO.: 12-6 "TO
    REMOVE AND APPOINT MEMBERS TO CERTAIN BOARDS, COMMISSIONS
    AND COMMITTEES." In doing so he appointed himself as Chairman of the Public
    Safety/Recreation Committee (head of Parks and Recreation) which automatically
    requires (per the lease agreement - page 3 of PDF) with Harbor Shores that he sit on
    the Golf Course Oversight Panel. Problem is that the position of Head of Parks and
    Recreation is supposed to be held by an elected official.

    February 15, 2012
    Two weeks after the February 1, 2012 letter to the editor of Herald Palladium
    Newspaper was published about Jean Klock Park being locked to the public, the
    entrance gate is open. Let's hope it remains open. In the meantime we feel it's
    necessary to leave all prior content on this page as a record and reminder of past
    grievances due to lack of public access to the park.






















    February 3, 2012 - Herald Palladium Photo Caption
    Today's Herald Palladium published a photo with no story, only a caption, of the
    closed gate to JKP. In that caption Debbie Popp, group executive for the city of
    Benton Harbor, was quoted as saying, "The gates of Jean Klock Park are closed for
    the winter due to blowing sand." Really? The parking lots appear to be easily
    accessible to us. Click on photos below to enlarge.












    February 2, 2012 - ABC 57 News
    Frustration over closed gate at open park in Benton Harbor

    February 1, 2012 - Herald Palladium Newspaper Letter to Editor and Comments
    Why is Jean Klock Park all locked up?

    December 18, 2011
    It was a beautiful and mild December afternoon but once again the "General Public"
    is barred from accessing Jean Klock Park.
















    It did not take Benton Harbor Emergency Manager Joseph Harris long to renege on
    his reply to Clellen Bury's letters dated June 7 and July 22, or his amendment -
    Order NO.: 11-28, allowing (rightfully) that Jean Klock Park be open to the public
    from October 1 through April 30 between the hours of 7:00 a.m.and 8:00 p.m. The
    only ones who are in walking distance of the park and are able to access it are those
    who are fortunate enough to be adjacent property owners from the City of St. Joseph
    to the South, and Higman Park area to the North. Benton Harbor City residents, who
    happen to be far removed from their lake front park, do not currently have access.

    Ironically, gate or none, all other area lake-front parks including Hagar Park, Rocky
    Gap Park, Tiscornia Park, Silver Beach Park and Lions Park are open year-long.
    Mr. Harris is in Benton Harbor to solve the city's financial problems. Why would he
    deny the residents of Benton Harbor and the local public from enjoying this park year-
    round, an attraction that the City of Benton Harbor is trying to promote as a
    destination for tourists and others from outside of the area?

    Mr. Harris is also violating and putting the City of Benton Harbor at risk of default
    with the Lease Agreement with Harbor Shores which states:

    Terms and Conditions; Article I (i); Section 1.01. Definitions, (i)

    " "Permitted Use" means a public golf course and related uses that are
    necessary to construct, maintain, and operate a public golf course. The
    City of Benton Harbor and members of the general public shall be
    permitted, during the non-golfing season, to use the Leased Premises for
    non-motorized winter activities (including, without limitation, cross
    country skiing) as long as such activities do not impede on the golf course
    operations or damage the golf course, as reasonably determined by the
    City of Benton Harbor. The City of Benton Harbor, with input from
    Harbor Shores and the Management Firm, shall make and adopt
    reasonable rules and regulations for the use of the Leased Premises by the
    public for such winter activities."


  • Encourage public use of the park land on which the course is located
    during the off-season;
  • Insure that the park remains open and inviting to all persons, and, in
    specific, enable park access by disabled persons to the greatest extent
    possible;

    August 16, 2011
    The 2011Whirlpool Ironman Steelhead Triathlon has come and gone and despite
    what Emergency Manager Joseph Harris said in his letter to Mr. Bury, public access
    to JKP did not exist. The park and its parking areas were flooded with sponsors and
    participants and their vehicles for the duration of the event making it impossible to
    access the park for the entire weekend of the event.

    July 28, 2011
    Although he did not satisfactorily address all of Mr. Bury's concerns, Mr. Harris
    finally replied to Mr. Bury's letters. In his letter dated July, 26 2011, Mr. Harris
    indicated the privately held  and sponsored 2011 Whirlpool Ironman Steelhead
    Triathlon, and the 2012 Senior PGA Championship that runs from May 21 through
    May 27, 2012 (and the week before and after) would not interfere with public use
    and access to JKP.

    Mr. Harris also included a copy of  Order NO.: 11-28, an amendment to his previous
    Order NO.: 11-11 limiting access to JKP. The amendment extends the hours of
    operation and provides year-round access.

    July 25, 2011
    It has been weeks since Benton Harbor resident Clellen Bury sent Joseph Harris,
    Benton Harbor’s Emergency Manager, a letter outlining his concerns regarding public
    access and other serious issues pertaining to Jean Klock Park. Due to Mr. Harris's
    non-response Mr. Bury sent him a July 22, 2011 follow-up letter  requesting again
    that Mr. Harris respond to Mr. Bury's legitimate concerns. That letter was followed
    by a July 25, 2011 press release - Benton Harbor Emergency Manager Ignores
    City Resident’s Concerns.

    Mr. Bury’s many concerns include whether the park will remain open throughout the
    year, if there will be sufficient public access to the park during the fast approaching
    Whirlpool Ironman Steelhead Triathlon in August, will the park be privatized during
    the 2012 PGA, and what will be done to protect the fragile sand dunes from the
    massive audience that will be in attendance for that week-long event. Most
    importantly, Mr. Bury questioned the possibility that Mr. Harris would privatize or
    possibly sell the entire park, if given a chance.

    Since Mr. Bury sent the June 7th letter a new issue has developed. On Monday July
    18th, notice was published in the Herald Palladium advertising that the public picnic
    area in the interior of the park (located in the center of holes 7, 8 & 9) is open for
    2012 reservations. The very next day it was discovered that the public picnic area
    (donut hole) has been reserved for the entire 2012 PGA event, well before the notice
    was published in the local newspaper.

    Never before has the public been required to reserve and pay to use the small picnic
    pavilion. According to the lease agreement -The public’s rights to the picnic area are
    dominant to those of Harbor Shores. If we aren't not mistaken, if this is allowed to
    happen, both the City of Benton Harbor (under the control of Joseph Harris) and
    Harbor Shores, are in default of the lease agreement for the golf course in Jean Klock
    Park. There is also the question as to whether or not the takeover of public  areas of
    the park for private events is a violation of the federal Land Water & Conservation
    Fund  Act. It appears to us that this is another attempt towards the further
    privatization of Jean Klock Park.

    June 7, 2011
    Clellen Bury, Benton Harbor City resident and President of the Friends of Jean Klock
    Park, sent a letter to Emergency Manager Joseph Harris regarding Mr. Harris'
    ORDER NO.: 11-11 that essentially restricts public access to JKP except during the
    annual summer/tourist season. Under this order the park's hours would be 10:00 a.m.
    until 10:00 p.m May 1st through September 30th and that all other times and dates
    the park will be closed. The Klock deed requires that the park is to be open at all
    times and the City Charter mandates the hours between 7:00 a.m. and 11:00 p.m. -
    daily. Mr. Bury also has some serious concerns about the upcoming Whirlpool
    Steelhead Triathlon and the 2012 Senior PGA and how these events will impact
    public access to JKP. Mr. Bury has not yet received a response to his letter and the
    issues remain unresolved. Read the letter here.

    June 7th Update
    Mr. Harris has still not responded to Mr. Bury's letter. After
    twenty days had passed a press release was issued that resulted in media
    coverage. On June 28th a WSBT reporter met with Carol Drake at the entrance
    to JKP and told her that in during his interview with Mr. Harris said that he
    "didn't understand the confusion", that he had extended the hours of operation
    for JKP from 7 a.m. till 11:00 p.m. over a week before then (yet he didn't
    bother to inform Mr. Bury of that fact in a reply to Mr. Bury's June 7th letter to
    him). The reporter immediately noticed last year's sign on a stake at the right of
    the entrance that posts the hours as being from 7:00 a.m till 10:00 p.m., and yet
    another sign in the ticket booth window posting the hours of 10:00 a.m. till
    10:00 p.m., as indicated in the Emergency Manager's Order.  

    When an on-site interview took place the employee in the ticket
    booth somewhat angrily snatched the 10:00 a.m. to 10:00 p.m. sign out of the
    window, saying that it was wrong, a very telling action since the times of
    operation, according to the Emergency Manager, were changed nearly two
    weeks prior to the interview. It was documented and aired by
    WSBT News. We provided a link to the written report, unfortunately the video
    for the news report is currrently unavailable.

    WSBT News - Confusing signs, confusing times

    That coverage was followed by the Michigan Messenger and the Herald
    Palladium.

    Michigan Messenger - Benton Harbor Emergency Manager restricts park
    access

    Herald Palladium - Jean Klock Park's hours changed - twice

    It was recently brought to our attention by an individual that spoke with Mr.
    Harris that he claimed the 10:00 a.m. to 10:00 p.m. order was originally issued
    by the former city manager. That is false as the sign on the stake with the times
    posted 7:00  a.m till 10:00 p.m. was placed at the park entrance last year, the
    saame time the former City Manager was employed by the City. The lone
    decision to reduce the hours was Mr. Harris'.

    April 1st, 2010
    The State of Michigan appointed Joseph Harris as Benton
    Harbor's Emergency Financial Manager. The following WSJM Radio report stated:
    "Harris will begin work in the city in mid-April and will have sweeping powers,
    including hiring and firing, renegotiating labor contracts and selling properties."

    WSJM Radio - 4/1/2010 -
    State Names Emergency Financial Manager To Benton Harbor

    March 16, 2011
    Acts. No. 4 Public Acts of 2011 was signed into law by
    Governor Rick Snyder, broadening the Emergency Managers already over-reaching
    power.

    April 28th, 2011
    At a Town Hall meeting Joe Harris told the audience: "I ain't selling Jean Klock
    Park.
    April 29, 2011 - Herald Palladium
    Path to local control

    5-10-2011 - WSJM Radio
    Jean Klock Park Plaintiffs Question Implications Of EFM Law
    Through time the public has learned that things that weren't supposed to happen did,
    and things that were supposed to happen didn't, so understandably there are many
    who are doubtful the Emergency Manager wouldn't consider selling JKP.

    12-15-2010 - Herald Palladium
    BH sells water line to Benton Township
    And why should the public believe the EM?  He waived Whirlpool's requirement to
    provide a year's notice for canceling its current water contract - AND - sold a city
    owned water main to Benton Township - both approvals without the 6 votes by
    elected city officials as required by the City Charter to sell city owned property. In
    fact, there was no vote at all - something that the following local news story doesn't
    tell you.

    March of 2011
    Joe Harris posted a Legal Notice in the Herald Palladium advertising Benton
    Harbor's water treatment plant (that is located in, and is a part of JKP, and cannot be
    sold, only expanded on) as being available for sale or lease. Within days a new
    Legal Notice was published that notified the public of the  "Elimination of
    purchase and lease as possible options..." The explanation was that there would be
    the publishing of a "new RFQ 2011-01-04, with specifications that better reflects the
    City's goals and objectives."

    The sudden "elimination of purchase and lease" may have been due to the EM's lack
    of knowledge of the Land & Water Conservation Fund Act protections that apply to
    the remainder of JKP; restrictions that hopefully under the new PA 4 Law doesn't
    give EFM Joseph Harris the authority to sell or lease the water treatment plant.
    Under the L&WCFA another conversion proposal would have to be submitted to the
    Michigan DNR and National Park Service and a new public hearing would have to be
    held. In the meantime the EM plans to "bring in an outside company to manage
    the water treatment plant."

    There is another issue we feel needs to be addressed:

  • The Klock deed for JKP states that the park "at all times shall be open for
    the use and the benefit of the public..."

  • The City Charter states: "Jean Klock Park and beach shall be open daily to
    the general public between the hours of 7:00 a.m. and 11:00 p.m."

    In spite of past requirements that JKP remain open to the public at all times, the new
    EM's ORDER NO.: 11-11 sets new hours and dates for access to the park that
    indicate that JKP will be open during the summer season ONLY - then RESCINDS
    all historical binding resolutions in favor of one man's lone decision!

    NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
    l. The annual season during which Jean Klock Park is open begins on
    each May 1 and ends on the following September 30, inclusive.
    2. The daily hours of operation during which Jean Klock Park is open
    during each season shall be l0:00 a.m. to 10:00 p.m..
    3. Jean Klock Park is closed on all other dates and during all other times.
    4. That all resolutions and orders in conflict herewith are, to the
    extent of such conflict, hereby rescinded.
    5. This order shall be effective immediately.


    This is an example of those who give for the betterment of the public, mankind and
    future generations - and those who take away for the advancement of themselves
    and private corporate interests.

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.
The Emergency Manager's Actions Are Impacting Park Access
South Parking Lot
North Parking Lot
The entrance to Jean Klock
Park is finally open again.
At least for the moment ...
Below is a record of Benton Harbor's State appointed Emergency
Manager's actions limiting the publics right to access Jean Klock Park
    "In last week’s PWIR, we highlighted the private development of the
    public dunes at Jean Klock Park in Benton Harbor and we heard back
    from members loud and clear that they agree: It's a travesty. After
    leasing 21 acres of the park to a private golf course developer, a letter to
    the editor revealed that the rest of the park has been closed despite
    assurances that it would be left open."
     Scroll down to read more ...