Colerain Twp and FD fined by ODNR regarding illegal taking of Little Cards football field

The Little Cards lost their fight to save their park; now, Colerain faces ODNR fines, lawsuits, and further investigation of federal funds.Photo byThe Cincinnati Post, November 2023

In a letter dated December 7th, 2023, the Ohio Department of Natural Resources (ODNR) called out Colerain Township and the Colerain Fire Department for their illegal taking of public parklands to build a new firehouse. The ODNR letter states, in part:

Colerain Township has breached the Project Agreement by failing to obtain the approval of the Director of Natural Resources for a conversion of the Project property to non-public recreational use. Furthermore, search of the Hamilton County Recorder's records reveals that Colerain failed to record the Notice of Agreement."

TRANSLATION

The township knowingly and wilfully took the football field from the Little Cards Football and Cheer program and the residents of Groesbeck to be used as a public park, wherein, such property "shall be retained and used for public recreational purposes" as specified in the "Project Agreement." This document is better known as a Deed Restriction and it prohibits the township from using any part of Groesbeck Park for any other purpose. The grant agreement addendums are actually much stricter, stating (Emphasis added) :

The NatureWorks project area must be PERPETUALLY operated and maintained solely for public recreation ... purposes. ... If part(s) of the project area is intended for, or is currently in non-recreational use, that area must be outlined on the map. Failure to do this will prohibit any future non-recreational structures or facilities (municipal water towers, cell towers, FIRE STATIONS, etc.) on the site." (Emphasis added.)

Little Cards expected to practice on an abandoned field without bathrooms, water fountains, or accessible parking.Photo byThe Cincinnati Post, October 2023

"BIGGER, BETTER (FOOTBALL) FIELD." Not so much.

Chief Allen Walls and Jeff Weckbach, the township administrator, promised the Little Cards a "bigger, better field," referring to an arrangement with St. Ann's, who owns an abandoned football field on the adjoining property. However, the most recently available lease offer from St. Ann's is only for 4 years (wherein the lease with the township is until 2031), it can be canceled with 30 days' notice - without cause, and has no access to water, bathrooms, shelter, storage, or adequate parking.

The Little Cards have not signed that lease and may be forced to sue the township to make them whole after destroying their field and concessions without any agreement to vacate the property, without a legal eviction process, and based on required relocation terms for any entity using public funds to convert or take a contracted property.

Colerain Trustee Dan Unger states there's no Deed Restriction despite being in his possession. ODNR cited them for not recording it.Photo byWaycross Media, September 16, 2023

"DECEPTION OR INCOMPETENCE"

At the September 26th meeting of the Colerain Township Trustees, Carrie Davis, a resident who had saved the park once before, as reported in the Cleveland Plain Dealer (2007), from going into private hands, steadfastly informed the trustees that there was an unjournalized deed restriction and gave the township legal notice that they were violating the law and subjecting the township and its taxpayers to possible costly litigation if they move forward without the ODNR's approval to build the firehouse. Now, between the Little Cards and taxpayer actions, Davis says, because of the "deception or incompetence" of the trustees, Fire Chief Walls, and administrative staff:

By the time litigation ends, this might end up being the most expensive fire house ever built in the county - heck the state - maybe even, in the country.

Davis points out that the township was once before caught engaging in these practices regarding this same property and threatened with returning $1.4m in grants because of their conduct. She claims the township has lost multiple suits for Open Meetings and Public Records violations; that, a handful of former employees have won settlements for improper firing when they raised ethical concerns; and, 1 employee known to her resigned abruptly after improper influence in contract awarding was raised. Cumulatively, Davis states she believes that these transgressions are, "in fact - engrained corruption."

PENALTIES

Davis took a lashing at the September 26th meeting for raising these issues. Trustees insisted she was wrong about the deed restriction, and made references to "jail" to intimidate her. One trustee claimed she didn't have a job. Dan Unger insisted he had done a search of records, himself, and no deed restriction existed, when - all the while, he should have looked in the township's own records. Trustee Wahlert even signaled for the police chief to either remove or arrest Davis when she made claims that, "you wouldn't be doing this if these kids were a little whiter."

State Rep. Cindy Abrams was asked to intercede on Colerain's behalf and eliminate the "property replacement" penalty that would benefit kidsPhoto byState of Ohio, House of Representatives, 1/15/2024

With the backroom intervention of State Representative Cindy Abrams, like her predecessors, on behalf of the trustees and to the detriment of voters, the township usurped the law requiring "replacement property" when such violations occur. The township only received a slap on the wrist and a $4,000 fine in exchange for illegally acquiring a property worth over $1m and an irreplaceable asset in Groesbeck for its residents and football program.

In the end

The township was fined $4k for "failing to register" the deed restriction and failing to seek ODNR's approval to convert protected green space into a fire house.

The Little Cards still do not have a practice field.

And, the federal grant awarding department is investigating the township for the improper conversion of properties using federal funds.

Davis said:

I don't think Representative Cindy Abrams has the political mite to get the township out of the legal mess the township created just to save a few bucks on building a new firehouse. It was wrong from the start. You don't throw a program out of a public park that serves over 400 kids.