Daily Question

Question for Sunday, March 15th, 2009: Next

Should the Bay Village Skate Board Park be moved from Cahoon Memorial Park?

I think Cahoon Park is probably the best location because it would be centrally located for all Bay residents, there is land available at this location and its proximity to the police station allows police supervision around the clock.

What about the possibility of the skate park violating the conditions of the Cahoon Trust? What are the conditions and how would this affect the city?

Cahoon Memorial Park is NOT owned by the city and to keep the park the city must comply with the terms of the trust. There are city owned parks that can support this type facility. The Board of Trustees of the School Teachers Pension Fund of Cleveland, Ohio, mentioned below is now part of the state wide teachers association.

A Cahoon Memorial Park Refresher
"I give, devise and bequeath to the Mayor and Council of the Village of Bay, Cuyahoga County, Ohio, and their successors in office in trust for the citizens, people and Village of Bay the following described real estate situated in the Village of Bay, County of Cuyahoga and State of Ohio, and known as being all of original lot Number Ninety-five (95) owned by me at the time of my decease and not hereinbefore or hereafter disposed of, (together with the land and real estate described in Item 20 after the death of both Emma Paul Pope and Olive Paul Bailey) said land and real estate in this Item of my will named shall be forever used as a park for the citizens and Village of Bay and shall be forever known and named Cahoon Memorial Park in honor of the memory of the Cahoon family which made the first settlement in the township of Dover, Cuyahoga County, Ohio, at this place on October 10, 1810, to have and to hold said land and property in this Item names to said Mayor and Council and their successors in office forever under the trust herein provided."

.......
"This gift to the Mayor and Council of the Village of Bay is made with the following conditions:

That said Park shall at all times be properly policed.

That no boating, bathing, games or sports shall be permitted on said Park or property on Sunday.

That no intoxicating liquors shall ever be bought, sold or used upon said premises nor shall gambling in any form be permitted or allowed thereon.

The Lakeside Cemetery situated west of said land on Lots Numbers Ninety-three (93) and Ninety-four (94) in the Village of Bay, in which lie buried many early settlers, is to be sacredly cared for and if need be, protected upon the North by stone wall, but never to be removed from its present location.

If any one of these conditions be violated or said Mayor or Council refuse to accept said trust, then and in that event, I give, devise and bequeath the land and Real Estate, in this Item named and described to the Board of Trustees of the School Teachers Pension Fund of Cleveland, Ohio, and their successors in office forever in trust to said Trustees, their successors in office forever as a home for the use of the retired Teachers of the Public Schools of the City of Cleveland, Ohio."

Is a skate board park which does not serve the current needs of most residents really a priority right now and is it worth potentially losing the park to someone to develop it?



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At Monday’s City Council Meeting a resident addressed honoring past promises to Bay's seniors because it is the morally right thing to do. In the late 1970’s plans were drawn up for an addition to the Dwyer Building. Thirty years later there has been no action taken to implement these plans.



In today’s economy, funding any non-essential project would be irresponsible. However, the senior population has been waiting, paying property and income taxes for many years, while the City continued to build other facilities; police station (7.6 million in notes/bonds), community gym (1.1 million in 2002, owned by the Bay Village School District) and a new swimming pool (2.6 million in 2002). The ultimate tax we pay is our final one, the Estate Tax. Last year the City spent $10,000 of the $935,141 Estate Tax money to lease the High School Football Field for one year. Why isn’t a portion of this ultimate tax used to improve the Dwyer Memorial Senior Center?



In 2006, the Senior Center administrators and programs officially relocated to Dwyer. Dwyer amenities included updated washrooms (unlike those in the Friendship Center with water seeping through the foundation and the associated smells) and an area to provide privacy for health clinic attendees. In 2007, the relocation of the gardens to the Dwyer began and is still going on. The garden is a popular warm weather activity hub. The design contains raised beds allowing those with limited mobility to continue gardening. The interior of the building needs attention. Installation of handicapped accessible doors, improvements to the lighting, soundproofing between activity areas and replacement of the worn carpeting are yet to be done. The kitchen does not meet current board of health standards for meal preparation. Lastly, the addition to the west side of the building has yet to be addressed.



Long-time residents are aware that the 116-acre Cahoon Memorial Park is NOT owned by Bay Village. It is held in trust with terms that must not be violated; otherwise, the property will be forfeited. City Council is prepared, based on the Law Director’s Legal opinion, to proceed without the assurance of a Declaratory Judgment from Probate Court. This project is billed as a “no cost to the city” venture as Council has stated there is no City money available for a skate park and going to Probate Court requires funds to be spent.(The funds to build this facility have been raised by the BSBP Foundation).



Often the senior population in this city is ignored until they speak out. The seniors were in line long before the Bay Skate Group, and Council is obligated to protect the land around the Dwyer Memorial Senior Center for future expansion. Council promised to provide a location for the skate facility, not necessarily in Cahoon Memorial Park. Council members were elected to represent and serve all citizens of Bay. Isn’t it time Council keeps a promise to the seniors of this town and puts them first?



Many on City Council support this location. Is providing a skate park without going to Probate worth the risk? Our Mayor and Councilmen say YES. Your written opposition is needed if we are to insure the future of Cahoon Memorial Park. If you haven’t already done so, please contact the Clerk of Council via e-mail jkemper@cityofbayvillage.com or in writing at 350 Dover Center Road stating you are a resident who opposes the skate park in Cahoon Memorial Park. Making your opposition known is especially important before the Planning Commission’s Public Hearing on March 24, 2009 7:30 PM at City Hall.

This was presented to the Trustees of Cahoon Memorial Park, with the expectation that
they will fulfill their fiduciary responsibilities and address the following concerns:
1. What is the process for dealing with construction cost overruns? Should an
overrun occur, what funds will provide the needed money?
2. Parking - This proposal adds a new activity while reducing available parking
spaces. What is the impact on the park, nearby streets and the shopping
center?
3. Determine if the skate facility were no longer operational, can the slab (without
further cost) revert back to parking. If not, what is today’s cost to return it to a
parking area?
4. How will the city insure these terms of forfeiture are not breached:
a. A city ordinance and the Cahoon Will state, “No boating, bathing,
games or sports shall be permitted in Cahoon Memorial Park on Sunday”.
b. A city ordinance and the Cahoon Will restrict park use to “Only residents
or their invited guests may use Cahoon Memorial Park. No person who is
not a resident of the City or an invited guest of such resident shall use the
facilities of Cahoon Memorial Park.
5. Provide a written legal opinion - Residents expect if this project goes forward
without a Declaratory Judgment from Probate that all due diligence, fiduciary
responsibilities and consent are done with the full knowledge, understanding
and approval of the Trustees thus insuring the park remain in trust for the
residents forever. As Trustees, they are accountable.
In 1983, Chief of Police Grey issued Police Bulletin # 83-27 stating “tennis, baseball,
basketball, football and other sports or games that attract crowds of participants
should be prohibited on Sundays.” The tennis courts were padlocked and signs posted
“No sports or games on Sundays by order of the Cahoon Will”. During the intervening
years, this policy has been relaxed. It is time to enforce the terms of the will or we risk
forfeiture of the 116 acres.
Forfeiture means an uncertain future for:
1. Long standing activities such as Bay Days, 4th of July Fireworks, Band Concerts,
Family Nights, Historical Society’s Antique Show, and fund raisers to name a few.
2. What will be the fate of:
a. Existing recreational facilities/fields including soccer, baseball, basketball
volley ball, bocce ball, walking paths, tennis courts, and Play in Bay?
b. Buildings including the swimming pool, Dwyer Memorial Senior Center,
Rose Hill, The Osborn House, the Community House and let us not forget
our brand new Police Station all are located within the park.
Ms. McGovern, former chair of the Planning Commission, spoke of spots and dots.
Perhaps it is time to revisit this option, with “neighborhood” facilities in both Bradley
Road and Reese Parks.
Benefits to this approach include:
1. The funds raised should cover the initial start-up cost.
2. Available seven days a week to everyone.
3. Eliminates the cost of enforcing the terms of the Cahoon Will and the risk of
forfeiture.
4. Provides the opportunity for the participants and residents to work together to
insure the facility is successful, without risking the park.
5. Increases funding options by eliminating the restrictions imposed by the Cahoon
Will.
This compromise would give the children who raised the funds a place to skate on
both sides of town while not risking Cahoon Memorial Park and incurring the
associated costs to enforce the terms of the Cahoon Will.