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Housing Opportunity 2014 - Transformative Placemaking for Neighborhoods, Housing and Health, Robert Ogilvie


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Robert Ogilvie, ChangeLab Solutions

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Housing Opportunity 2014 - Transformative Placemaking for Neighborhoods, Housing and Health, Robert Ogilvie

  1. 1. Opening community access to schoolsOpening community access to schools and other public properties throughand other public properties through Shared UseShared Use Presented by Robert S Ogilvie, PhD VP Strategic Engagement
  2. 2. Formal Joint Use agreements policies are a more permanent solution
  3. 3. Joint Use can be enshrined in land use plans
  4. 4. State wide policies can set expectations and provide incentives and penalties
  5. 5. State School Boards Associations can create model policies and facilitate joint use in individual districts.
  6. 6. District policy DC Open Schools directive - guidelines to ensure community ac to District of Columbia Public Schools outdoor facilities and gro for recreational purposes
  7. 7. Policies don’t open school gates though – agreements do that
  8. 8. 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.
  9. 9. oor 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
  10. 10. (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.
  11. 11. Reciprocal Access Seattle, WA Partners: City of Seattle Parks & Rec and Seattle School District No. 1 Facilities: Athletic fields and complexes Swimming pools Community centers
  12. 12. Look beyond the school yard
  13. 13. ublic Rights of Way
  14. 14.
  15. 15. Community groups might need access to the school kitchen for meals programs
  16. 16. Make staff a central part of planning
  17. 17. Liability- Invitees Maintenance Operations Liability Ownership Scheduling aware of MOLOS and deal with them in the agreement
  18. 18. 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
  19. 19. Other Forms of Protection from Liability
  20. 20. Insurance  Schools carry insurance  All groups using schools must be insured
  21. 21. Indemnity Indemnification clause: a contract provision in which one party agrees to be responsible for any liability that the other party might incur.
  22. 22. 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
  23. 23. Joint use is shared: • Maintenance • Security • Repairs • Improvements • Access to new funding How do schools benefit?
  24. 24. Joint Use can show the public the value and accessibility of our public institutions
  27. 27. DISCLAIMER The 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
  28. 28. Thank you! Robert Ogilvie © 2012 ChangeLab Solutions This material cannot be copied or reproduced without permission.