Housing Opportunity 2014 - Transformative Placemaking for Neighborhoods, Housing and Health, Robert...
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Transcript of Housing Opportunity 2014 - Transformative Placemaking for Neighborhoods, Housing and Health, Robert...
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Opening community access to schools Opening community access to schools and other public properties through and other public properties through
Shared UseShared Use
Presented by
Robert S Ogilvie, PhD
VP Strategic Engagement
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Formal Joint Use agreements policies are a more permanent solution
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Joint Use can be enshrined in land use plans
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State wide policies can set expectations and provide incentives and penalties
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State School Boards Associations can create model policies
and facilitate joint use in individual districts.
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District policy
DC Open Schools directive - guidelines to ensure community access to District of Columbia Public Schools outdoor facilities and grounds
for recreational purposes
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Policies don’t open school gates though – agreements do that
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Unlocking the Gates
Bellevue, WA
Partners:
City of Bellevue Parks & Rec and Issaquah SD
Agreement:
SD provides access to Cougar Elementary School fields.
City provides annual field maintenance.
Management committee meets annually to work out any problems with agreement.
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Indoor and Outdoor Access
Corning, Tehama County
Partners:
Recreation Department, Corning Union ESD and Corning Union HSD
Facilities
8 ES and 3 HS Gymnasiums, swimming pools, tennis courts, athletics fields
Activities spread out to avoid disproportionately heavy use on 1 facility
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(School) (Non-Profit)
Nonprofit Partnerships & programming
Pinellas County, FL
Partners:
Pinellas County School Board and YMCA
Agreement:
YMCA offers before- and after-school child care, art classes, and sports clinics/leagues at numerous district school facilities.
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(e.g. San Carlos, West Sacramento, San Ramon, El Monte)
Reciprocal AccessSeattle, WA
Partners:
City of Seattle Parks & Rec and Seattle School District No. 1
Facilities:
Athletic fields and complexes
Swimming pools
Community centers
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Look beyond the school yard
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http://www.flickr.com/photos/cjb19772009/7284286040/in/pool-great_allegheny_passage
Public Rights of Way
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http://www.flickr.com/photos/manyhighways/3652475343/
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Community groups might need access to the school kitchen for meals programs
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Make staff a central part of planning
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Liability- Invitees
Maintenance
Operations
Liability
Ownership
Scheduling
Be aware of MOLOS and deal with them in the agreement
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Legal Research Findings
Governed by state law
All 50 states have some defenses
o All 50 have some level of governmental immunity
o Some states have recreational users defenses
In no state are rules for recreation use more onerous than rules that apply during school day
In many states the rules are more lenient
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Other Forms of Protection from Liability
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Insurance
Schools carry insurance
All groups using schools must be insured
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Indemnity
Indemnification clause: a contract provision in which one party agrees to be responsible for any liability that the other party might incur.
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Find a solution where everyone wins
Earlimart School District
Benefit – 3 ½ acre park
Responsibility – park maintenance and liability.
Tulare County RMA
Benefit – Access to site as emergency “ponding basin” in case of flooding
Responsibility – planning, funding and construction
Earlimart Community
Benefit – New public park accessible to all residents
Beautification of neighborhood
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Joint use is shared:
• Maintenance
• Security
• Repairs
• Improvements
• Access to new funding
How do schools benefit?
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Joint Use can show the public the value and accessibility of our public institutions
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TOOLKITS & FACT SHEETS
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PRIMERS AND GUIDES
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DISCLAIMERThe information provided in this seminar is for informational purposes only, and does not constitute legal advice. ChangeLab Solutions does not enter into attorney-client relationships.
The primary purpose of this training is to address legal and/or policy options to improve public health. There is no intent to reflect a view on specific legislation. ChangeLab Solutions incorporates objective non-partisan analysis, study, and research in all our work.
No federal funds were used to create this presentation
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Thank you!Robert Ogilvie
© 2012 ChangeLab Solutions This material cannot be copied or reproduced without permission.