State Regulatory Agencies
Save Jean Klock Park

    [Click on links below]

    In order for you to understand the trail we have been on we
    have provided information and links below regarding State
    regulatory decisions that are being influenced by Governor
    Granholm and her support of the takeover of Jean Klock Park
    by Whirlpool, Cornerstone Alliance and Harbor Shores.


    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 disclosureon 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.

    As you can see this is not a done deal! However, it is
    imperative that we act together to insure the best possible chance
    of protecting JKP for future generations as it was intended.

    The next phase of our effort is the legal process; one that was
    inevitable regardless of the MNRTF Board’s decision. The
    Friends of JKP will have to appear in court and will be requested
    to sign an amendment to modify the Settlement
    Agreement/Consent Judgment. Keep in mind that all plaintiffs
    need to sign, a majority is not needed.

    This will be a very expensive litigation and we need your
    donation, large or small and believe that with your help we
    can succeed in preserving JKP!   

    Please click on the "Contact Us" page for instructions
    on where to send your donations.


    September 30, 2006

    On Thursday October 5, 2006, Lana Pollack,  a member of the
    Michigan Natural Resources Trust Fund Board, will be traveling to
    Benton Harbor to meet with city officials. After that meeting, the
    Friends of Jean Klock Park, along with other city residents and
    local officials will have an opportunity to meet with her.

    The next Michigan Natural Resources Trust Fund Board meeting
    will be held in Lansing on Wednesday, October 18, 2006. The
    Friends of Jean Klock Park along with residents of Benton Harbor
    will be attending that meeting. This meeting is critical because the
    board may be asked to vote and approve the conversion and
    mitigation of Jean Klock Park for the Jack Nicklaus golf course.  
    We will publish news of that meeting on this page and update you
    through e-mail so please contact us so that we may add you to
    our web-mail list. In the meantime we request that you send letter
    or an e-mail of opposition of this conversion request by October
    16th to:

    Michigan Natural Resources Trust Fund Board
    C/o Linda Harlow, board secretary
    DNR Grants Management, P.O. Box 30425,
    Lansing MI 48909-7925
    E-Mail:  harlowl@michigan.gov.


    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.

    Although media coverage of these public hearings was well done,
    the information that was provided by us was unreported. Links to
    the recent reports are provided below:

    The last two comment and review hearings will be held Tuesday,
    August 29, 2006 at the Mercy Health Center Leisure Room, 960
    Agard Street, from 3:00 to 5:00 pm and 6:00 to 8:00 pm. City
    resident or other, please attend to voice your opposition to further
    development in Jean Klock Park!


    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 8 acres in the late 1940's or early  1950's in
    order to accommodate the M-63 cloverleaf, and the mitigation of
    9 acres of parkland in 2005.

    Note: Minutes for the August 22, 2006 MNRTF Board meeting
    will more than likely not be posted on the Michigan Department
    of Natural Resources website until sometime in October.


    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 16
    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.



    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.