Officials check possible grant, trust rules conflict
By Jeff Gallatin
Bay Village
Published Jan. 9, 2008

City officials are examining possible conflicts between guidelines for the Ohio NatureWorks grant being sought for the bike and skate park and provisions of the Cahoon Memorial Park Trust since the latest proposal would put the facility in Cahoon Park.

Law Director Gary Ebert sent a memo to city officials outlining his concerns that grant guidelines requiring any program receiving funds must be open to the general public. Provisions in the park trust limit access to Cahoon Park to city residents and friends.

“It’s something which we have to address in the grant application,” said Ebert. “There is potential conflict between the different guidelines, and it’s something we will have to be aware of.”

Lawrence Kuh, one of the bike and skate park project leaders, said he has tried to alert state officials to the situation.

“I have talked to ODNR (Ohio Department of Natural Resources) about this and forwarded a copy of the (Cahoon) will to them,” Kuh said.

Kuh and others have been raising funds for the project, with the city also saying it will apply for the grant and provide other matching resources.

He said state officials have told him they will try to work within the guidelines of the Cahoon trust provisions while still meeting their requirements.

In his memo, Ebert outlines how NatureWorks guidelines specify public access.

“The materials make it very clear that any project that receives funds MUST be open to the public,” Ebert said in the memo. “Besides referring to the projects as public recreation or public recreation facilities in several sections, the materials also contain specific requirements that the projects be open to the public.”

Ebert said the NatureWorks program will provide up to 75 percent reimbursement for acquiring or developing public creation areas if they comply with federal, state and local laws.

Grant guidelines state “any project area funded must be open and accessible to the general public….Property acquired or developed with assistance from the NatureWorks program must be retained and used for public recreation. No property acquired or developed shall be converted from public recreation uses without the approval of the director of the Ohio Department of Natural Resources. Property acquired or developed with grant assistance must be opened to general public without discrimination. If a user fee is charged, the fee must be reasonable for all users.”

Ebert said a clause in the compliance form may give the trustees a means to get the grant while still complying with Cahoon trust provisions.

“The area will be open to the general public,” the clause states. “However admissions and other fees may be maintained on the basis of residence. However, the differences must be reasonable and discrimination on this basis is prohibited.”

Ebert said it may be possible to balance all the various guidelines.

“If NatureWorks funds are used to facilitate the development of a skate park in Cahoon Park, the skate park must be open to public,” Ebert said in the memo. “However, to maintain the limited accessibility of Cahoon Park (a private trust open to city residents and friends), it may charge fees for admission based on residency. You can make the argument that the same would apply to other recreational uses. However, most of these activities are for Bay residents or their invitees which we currently do not charge fees.”

Ebert said council officials acting as park trustees should discuss the potential impact on the trust.

Council President Brian Cruse said the application should proceed.

“We should move ahead with the application and also attach a copy of the will and say ‘this is what we’re up against’ and see what they can do to help us out,” Cruse said. “It’s a  case where we’ll take whatever help they can provide on the project.”