Parks & Recreation March 2017 by Creative By Design

MARCH 2017 W W W. N R PA . O R G

PARK PLANNING

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contents march 2017 volume 52 | number 3 | www.parksandrecreation.org

FEATURES

36 Planning a Park: From Concept to Reality

44 Reflections on a Career

A number of steps and players are involved in the planning of a park. Several park planners share their insights about the process of taking a park plan from an idea to a reality.

A conversation with Joe Turner, who retires this month from being the director of the Houston Parks and Recreation Department, a position heâ&#x20AC;&#x2122;s held since 2004.

Eric Moreno

Tom Dellner

40 Parks Without Borders This NYC Parks initiative is creating seamless transitions between park entrances, edges and adjacent spaces, making parks more accessible to their surrounding neighborhoods. Mitchell J. Silver

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Read the digital edition of this issue online at http://ezine. parksand recreation.org.

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contents march

departments

columns 8

Perspectives Innovation Labs: Opportunities to Share Ideas and Solutions Stephen Eckelberry

10 Editor’s Letter

14 Research Wild and Wonderful 14 Park Pulse: Preserving Natural Landscapes 16

18 Member to Member Staying Ahead of the Curve Keith Hobson and Katherine Stokke

20 Community Center The Transformation of the Puente Hills Landfill Terry Kanakri

46 NRPA Update Wildlife Explorers: Connecting Kids to Nature 46 Los Angeles Innovation Lab Tackles Homelessness 48 Terry Hershey: ‘A Force of Nature for Nature’ 50 Member Spotlight: M. Jean Keller 51 Parks & Recreation Crossword 52 NRPA Connect Hot Topics 54

It’s All in the Details Gina Mullins-Cohen

12 Letters 22 Advocacy Elements of a Blueprint for ACA Replacement Oliver Spurgeon, III

24 Law Review Gun Permittees Challenge Park Firearm Regulations James C. Kozlowski, J.D., Ph.D.

30 Conservation Endangered: The Rusty Patched Bumblebee Rich J. Dolesh

32 Health and Wellness Celebrating Three Years of Healthy Out-of-School Time Allison Colman

Member Benefit: It’s Background Screening Season 54 Professional Development Calendar 55

34 Social Equity Public Spaces and Social Equity Melissa A. Currie, Ph.D., RLA

56 Operations Multipurpose Pools 56

58 Products 60 Marketplace 63 Advertiser Index 64 Park Bench Who’s on First? Daniel Sanford

Cover image and images on pages 4 and 36-37 courtesy of Michael Maltzan

Page 22 6

Parks & Recreation

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Innovation Labs: Opportunities to Share Ideas and Solutions Sad. Eye opening. Humbling. These are just a few of the words that came to my mind during NRPA’s recent Innovation Lab in Los Angeles. More than 30 park and recreation professionals from around the country gathered in the city to discuss what role we play in helping the homeless population. The first afternoon, we toured a few Los Angeles parks, and our first stop was Gladys Park, located in the heart of Skid Row. As we rode the buses through the 54-block area of Skid Row to the park, seeing the sidewalks filled with tents, makeshift shelters and people on blankets was like nothing I had ever seen. And, the scene was repeated block after block after block. When we arrived at Gladys Park, there was not a strong police presence to protect us, just a few Recreation and Parks Department employees. We slowly made our way off the bus and inside the fenced-in park, which was in great shape. It offered picnic tables, a basketball court, even exercise stations. We listened to a few of the residents speak, and one told us of the many ways this park and the LA Recreation and Parks Department has helped the residents of Skid Row. The residents actually run their own 3-on-3 basketball league at the park and AA meetings seven days a week inside the park. And, people have donated books and children’s toys, which they store inside the park to welcome families. Gladys Park still closes at night, but it was amazing to see how much of a difference this park has made for some of these Skid Row residents. We also visited MacArthur Park, a beautiful four-block park in Central LA with a lake and the city skyline in the background. As we walked around this park, there were many encampments of homeless people in tents. We were given the procedures on how they respectfully remove the tents with advance notices and then work with the homeless to make sure their personal belongings are taken care of. Our group consisted of leaders from agencies of different sizes, but one thing is certain, we want to provide a safe environment for our park and recreation users. So, how do we balance this with what we can do to help the homeless population? In our small Chicago suburb, our local police department patrols our parks, and they know most of the homeless in our town. But, if they do encounter a new homeless individual, they don’t just kick them out of the park. They point them in the direction of services that can help them. Obviously, the solution is different for everyone, and we saw how Los Angeles handles it. At NRPA, we are asking for more input: What does your community do? That’s the beauty of our Innovation Labs. They are opportunities to come together to share ideas and solutions. Our next Innovation Lab is May 17-19 in Austin, Texas, and will look at Connecting Communities to Nature. Check out www.nrpa.org/events/innovation-labs/ for details.

S T EPH EN ECK ELB ER RY Chair of the Board of Directors

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2377 Belmont Ridge Rd. | Ashburn, VA 20148 2 703.858.0784 | www.nrpa.org

NRPA’S MISSION: To advance parks, recreation and environmental conservation efforts that enhance the quality of life for all people. EXECUTIVE COMMITTEE

Michael Kelly

Chair of the Board of Directors Stephen Eckelberry

Chicago Park District Chicago, Illinois

Bartlett Park District Bartlett, Illinois

Karen Kress

Chair-Elect Leon T. Andrews

Emigrant, Montana

Yellowstone Park Foundation

National League of Cities Washington, D.C.

Herman Parker

Past Chair Susan Trautman, CPRP

Recreation Department

Great Rivers Greenway District St. Louis, Missouri

Treasurer Michael Kelly Chicago Park District Chicago, Illinois

Secretary Jack Kardys Miami-Dade Parks, Recreation and Open Spaces Department Miami, Florida

President and CEO Barbara Tulipane, CAE National Recreation and Park Association Ashburn, Virginia

BOARD OF DIRECTORS Jesus Aguirre Seattle Department of Parks and Recreation Seattle, Washington

Leon T. Andrews National League of Cities Washington, D.C.

Neelay Bhatt PROS Consulting Indianapolis, Indiana

Kevin Coyle National Wildlife Federation Washington, D.C.

Stephen Eckelberry Bartlett Park District Carol Stream, Illinois

City of San Diego, California, Park and San Diego, California

Molly Stevens Westcave Outdoor Discovery Center Austin, Texas

Susan Trautman, CPRP The Great Rivers Greenway District Saint Louis, Missouri

William “Joe” Turner Houston Parks and Recreation Houston, Texas

Dr. Howell Wechsler Alliance for a Healthier Generation

LIFE TRUSTEES Beverly D. Chrisman Lexington, South Carolina

Anne S. Close Fort Mill, South Carolina

James H. Evans New York, New York

Rosemary Hall Evans Sugar Hill, New Hampshire

Earl T. Groves Gastonia, North Carolina

Charles E. Hartsoe, Ph.D. Richmond, Virginia

The City Project Los Angeles, California

Harry G. Haskell

Balboa Park Conservancy San Diego, California

Roslyn Johnson Maryland-National Capital Park and Planning Commission Greenbelt, Maryland

Jack Kardys Miami-Dade Parks, Recreation and Open Spaces Department Miami, Florida

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Parks & Recreation

EDITOR’S LET TER

It’s All in the Details As someone who has visited New York City many times over the years, I can honestly say there’s nothing like strolling through Central Park on a beautiful spring afternoon. Although the park initially opened in 1857, it was landscape architect Frederick Law Olmsted and architect Calvert Vaux who would later help to make this urban park one of North America’s most revered landmarks. It all began in 1858 when their “Greensward Plan” won a design competition for improving and expanding Central Park. When the park reopened in 1873, it boasted 36 bridges; the Bethesda Terrace and Fountain; naturalistic landscapes featuring more than 4 million trees, shrubs and plants; and innovative designs — such as “separate circulation” systems for horseback riders and pedestrians — along with sunken roadways for keeping crosstown traffic flowing without disturbing the park’s overall rustic charm. It’s that critical attention to detail during the planning phase that made New York City a blueprint for other U.S. communities to follow. Nearly 144 years later, New York City continues to set a high bar for parks and recreation. On page 40 of this issue of Parks & Recreation magazine, NYC Parks Commissioner Mitchell J. Silver highlights the agency’s Parks Without Borders initiative, which focuses on inconsistent park design and is working to seamlessly incorporate the entrances, edges and areas adjacent to parks to better integrate parks with their neighborhoods. In addition to promoting freedom of movement, the initiative’s goal is to maximize the impact of this limited, yet vital, public resource. Continuing this month’s theme on planning, author Eric Moreno discusses the complexities of park projects in “Planning a Park: From Concept to Reality” on page 36. Several park and rec professionals offer their best practices for overcoming challenges and share some of their most memorable projects. Another engaging story I highly recommend reading is “Reflections on a Career.” Beginning on page 44, contributor Tom Dellner goes one-on-one with Joe Turner, director of the Houston Parks and Recreation Department. Turner, who will retire this month, reflects on the highlights of his long career along with the lessons he’s gleaned over many years working in parks and recreation. I do hope you find the information in this issue not only helpful, but also inspiring — especially as you move forward in planning your own park project.

GINA MULLINS-COHEN Vice President of Marketing, Communications and Publishing Editorial Director

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PRESIDENT AND CEO Barbara Tulipane, CAE VICE PRESIDENT OF MARKETING, COMMUNICATIONS AND PUBLISHING, AND EDITORIAL DIRECTOR Gina Mullins-Cohen gcohen@nrpa.org EXECUTIVE EDITOR Samantha Bartram sbartram@nrpa.org MANAGING EDITOR Sonia Myrick smyrick@nrpa.org EDITORIAL CONTRIBUTOR Catrina Belt cbelt@nrpa.org PUBLICATION DESIGN Creative By Design www.creativebydesign.net SENIOR SALES MANAGER EASTERN REGION AND EUROPE Kip Ongstad 703.858.2174 kongstad@nrpa.org SALES MANAGER WESTERN REGION AND ASIA Michelle Dellner 949.248.1057 mdellner@nrpa.org MAGAZINE ADVISORY BOARD MEMBERS Mike Abbaté Keith Anderson Gerald Brown Ernest Burkeen Gwendolyn Chambers Brendan Daley Anthony-Paul Diaz Ryan Eaker Mariela Fernandez Robert García Kathleen Gibi Paul Gilbert Greg Harrison Tim Herd Mareya Ibrahim Edward Krafcik Todd Lehman Sam Mendelsohn Maria Nardi Lisa Paradis Gil Peñalosa Dr. Kevin Riley Matthew Rudnick Paula Sliefert Anne-Marie Spencer Stephen Springs Randy Wiger

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Letters

[Editor’s Note: The following op-ed was written by Paul Gilbert, Executive Director of NOVA Parks, Fairfax Station, Virginia.]

Climate Knows no Ideology The new administration has ordered silence from various federal agencies involved with issues of climate change, including the National Park Service. This raises the following questions: Is global warming a partisan issue? Does political ideology factor into this issue at all? The fact that earth’s average temperature has been increasing for decades, glaciers and ice caps are melting, and extreme weather events are on the rise because of these changes is not up for debate. These facts are no more political than the orbit of the moon: they simply are. How we approach the solutions may differ based on ideology but not the fundamental problem. Conservative parties in Europe and around the world accept global warming

for what it is. It is only in America where some feel a need to cast this scientific problem as a partisan debate. I understand why many would like to ignore this issue and hope it goes away. We do not know exactly where the global tipping point is. The solutions are elusive and will likely require changes in our behavior. This requires long-term thinking that goes far beyond the next election cycle. All of this makes global warming an unattractive issue for politicians to address, but no less real. With our base of natural resources and focus on outdoor recreation, park systems are among the first to be impacted by extreme weather. We are the canary in the coal mine. We have already seen the devastating impacts of these extreme

weather patterns, and the pace of these events will likely accelerate, particularly if the problem is ignored. President Teddy Rosevelt, who founded the entire park movement 100 years ago, said, Of all the questions which can come before this nation...there is none which compares in importance with the great central task of leaving this land even a better land for our descendants than it is for us. As park professionals, our job is to protect the environment and to educate the public about natural sciences. Global warming is an issue of science, not a political debate. Our nation and our communities need us, as trusted sources of nature education, to deal with the subject matter of global warming as objectively as any other natural science issue.

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Research Wild and Wonderful Making a Case for Undeveloped Open Spaces By Melissa May and Serda Ozbenian

ark and recreation agencies are leaders in preserving the natural landscape of the community they serve. NRPA’s Park Metrics reveals that the typical agency has management responsibility of more than 425 acres of developed and undeveloped open space. More than 40 percent of those acres are undeveloped. Choosing to develop or not develop a piece of land comes with great responsibilities as well as great consequences. Despite the economic setbacks the United States faced in the early 2000s, urban sprawl has continued to be a threat to rural and pasture lands and natural habitats. According to the American Farmland Trust, more than 24 million acres of agricultural land — an area the size of the states of Indiana and Rhode Island combined — was developed between 1982 and 2010. A 2005 collaborative study, released by the National Wildlife Federation, Smart Growth America and NatureServe, found that rapid consumption of land could threaten the survival of nearly one out of every three imperiled species in the United States. The study goes on to report that in some areas, “existing parks and other public lands may help sustain these species and mitigate this loss of green space. However,

14 Parks & Recreation

species will not benefit unless those lands are managed specifically for wildlife protection.” In a recent NRPA Park Pulse poll, more than 1,000 Americans were asked about the importance of local governments setting aside land for the sheer purpose of preserving the natural landscape. More than four in five surveyed Americans agree that local governments should be setting aside land for the sheer purpose of preserving the natural landscape. In addition, gender, age, region, household size and parental status had no effect on the outcome of the results. Benefits of Undeveloped Areas Public support for undeveloped federal lands, or “wilderness,” was officially recognized by the U.S. Congress in 1964 with the signing of the Wilderness Act. This act defines wilderness as “an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain.” So why do Americans value undeveloped land? People value wild natural areas with limited evidence of humans because they provide a source of inspiration, wonder and escape from busy urban environments. Undeveloped green space also plays an important role in maintaining physical and mental health. These areas can serve as “living classrooms” and provide important educational opportunities and as

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“living laboratories” for scientists to study areas with minimal human alteration. The Wilderness Act also acknowledges the importance of protecting undeveloped areas for their scenic or historical value. Setting aside land for conservation obviously also has many environmental benefits that vary depending on land cover, size and geologic variables. Some of the ecosystem services provided by undeveloped lands include stormwater absorption, air and water purification, microclimate regulation, reduction of greenhouse gases, carbon sequestration, flood control, erosion control and supporting habitat for native plants and wildlife, including threatened and endangered species. Park and Recreation Agencies’ Natural Areas Programs Many park and recreation agencies have Natural Areas Programs to conserve lands from development and preserve the natural landscape. The Natural Areas Program of Denver Parks and Recreation, for example, designates priority landscapes with important natural features that improve quality of life throughout the city. The mission of the program is to “manage these spaces so that present and future generations can understand and experience our native heritage.” In addition to preserving ecological functions, a priority of the Natural Areas Program of San Francisco Recreation and Park Department is to support community-based site stewardship of these areas. They work with thousands of volunteers on habitat restoration in natural areas throughout the city. Similarly, the Milwaukee County Parks Natural Areas Program

strives to create environmental stewards and advocates by engaging the community and providing opportunities for restoration ecology. With the help of the community, Milwaukee County Parks enhanced 1,565 acres of natural areas in 2015. The Rachel Carson Conservation Park, a Best Natural Area managed by Montgomery County Department of Parks in Maryland, houses a rich diversity of plants and animals. The park consists of contiguous, high-quality, maturing, mixed-deciduous forest, ponds, streams and old fields in varying successional stages. It is home to a wide variety of wildlife and provides an important respite in the highly developed county for people who visit the park to enjoy the natural surface trails. Protecting and Managing Undeveloped Areas Implementing a Leave No Trace policy and promoting the Leave No Trace Seven Principles (https://lnt.org/learn/7-principles) on undeveloped areas can help minimize human impact on the land. A Natural Resources Management Plan can be a valuable tool for park and recreation agencies to provide a scientifically sound planning framework for protecting, restoring and managing natural undeveloped areas. Every good management plan should start with inventories of native plants and wildlife. Inventories present a great opportunity for community participation through citizen science activities using tools like iNaturalist (www.inaturalist.org/), which has a dual benefit of educating and engaging community members, as well as reducing the workload of park and recreation staff. Quantifying the ecosystem services of a natural area can also be very helpful when communicating the value of an area in economic terms to the public and leaders. To assess ecosystem services, there are various tools such as i-Tree (http://www. itreetools.org/), a software suite from the

USDA Forest Service which quantifies the environmental services that trees provide. Controlling invasive plant species and restoring native plant populations are vital to preserving the natural landscape and biodiversity. Community members can be recruited to participate in invasive plant removal and native plantings. Involving community members and building partnerships as part of the management plan are key to ensuring proper stewardship of natural areas. Although sometimes difficult to conduct in urban areas, controlled burns are very helpful and are a better alternative to chemical treatments, in removing invasive plants and bringing back valuable native species. Conclusion Though there is great evidence about the vast amount of previously untouched

land that has been transformed for development over the past few decades, there is great public support for local governments to acquire and secure additional undeveloped areas to preserve the natural landscape. Americans reap the benefits, both physically and mentally, of these wilderness areas, and natural habitats thrive from dedicated management when made a priority. Park and recreation agencies across the country are stewards of these valuable ecosystems. Through the use of available tools and resources, park and recreation agencies can ensure a future where the natural landscape can remain wild, wonderful and for the enjoyment of all Americans. Melissa May is NRPA’s Research Manager (mmay@ nrpa.org). Serda Ozbenian is NRPA’s Conservation Program Manager (sozbenian@nrpa.org).

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Parks & Recreation

NRPA Park Pulse Each month, through a poll of Americans that is focused on park and recreation issues, NRPA Park Pulse will help to tell the park and recreation story. Questions span from the serious to the more lighthearted, and with this month’s poll, we take a closer look at the extent to which Americans support the protection of open space.

Americans’ Support for the Protection of Open Space A Park Pulse poll conducted by the National Recreation and Park Association asked 1,000 Americans ages 18+ how important it is to set aside land for the sheer purpose of preserving the natural landscape.

82% of Americans agree

that it’s important to preserve public lands, including parks, recreation areas, forests, conservation areas, wildlife refuges, etc.

Sixty-two percent of Americans say that the protection of open space is either “very” or “extremely” important with Millennials being the most passionate.

67%

Millennials

61%

Gen X’ers

56%

Baby Boomers

To ensure access to parks and open space, NRPA encourages lawmakers to support permanent authorization of the Land and Water Conservation Fund.

www.nrpa.org/Park-Pulse ©2017 National Recreation and Park Association The National Recreation and Park Association Survey was conducted by Wakefield Research (www.wakefieldresearch.com) among 1,025 nationally representative Americans, ages 18+, between January 2 and January 9, 2017, using an email invitation and an online survey. Quotas have been set to ensure reliable and accurate representation of the U.S. adult population 18 and older. The margin of error for this study is +/- 3.1 percentage points at the 95 percent confidence level.

16 Parks & Recreation

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Member to Member Staying Ahead of the Curve Tualatin Hills Park & Recreation District’s Future Trends Team By Keith Hobson and Katherine Stokke

ike most innovations, the creation of the Future Trends Team within the Tualatin Hills Park & Recreation District (THPRD) was generated by several recognized organizational needs. We were looking to encourage growth and development among staff recognized as strategic thinkers. We wanted to cultivate an environment of being a learning organization that supports innovation. And, we recognized that we operate in an environment of continuous change and we should identify long-term trends driving this change. By identifying the trends, we believed we could get ahead of the change rather than just react to it. Out of these recognized needs, THPRD developed an internal think tank of futurists in training, and the team continues to evolve much like the trends it researches. How We Work Keith Hobson, THPRD director of Business & Facilities, had the idea to assemble the Future Trends Team in October 2011. In forming this team, he identified staff who he believed had the necessary creativity and strategic thinking. While he strove to get members from departments throughout the district, his first priority was members who could positively contribute to the team’s charge (to step back from day-to-day operations and identify impacts of “mega trends” for the next 10 to 20 years) and who had capacity to take on an intensive new commitment. The team ranges from nine to 12 members, and as some participants cycle off the roster during the annual summer hiatus, new recruits join to ensure fresh blood and allow greater opportunity for insights from the team to take hold throughout the organization. This cross-functional team thrives on diverse viewpoints, encouraging a healthy dose of skepticism by assigning an official devil’s advocate at each meeting to help prevent groupthink and continually challenge us to stretch our assumptions. Other key meeting roles include an “agenda cop” to help keep

18 Parks & Recreation

discussions productive and a scribe to record them for future reference. We identified and organized research around the following macro trends: • Globalization • Generations and demographics • Climate change • Energy • Technology • Organizational structure and leadership • Dissemination of information and connectivity • Infrastructure Why the Team Works We have researched the importance for organizations to stay nimble and flexible in a constantly changing world, and we apply the same principle to our team. By taking a hard look at bumps in the road, we maintain the core elements that make our team work (humor is a must in each meeting) while tweaking or replacing those that do not (too many small groups doing different readings does not make for fruitful discussion). One challenge is covering agenda topics while still allowing tangents to spark creative thoughts. A seemingly throwaway comment once triggered

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a real change when a member joked that THPRD’s annual all-staff meeting should feature presentations about staff failures instead of the usual staff successes. After a lighthearted moment, the potential of such an idea sank in. After all, we had researched organizations that embraced failure as a path to innovation. As a result, Staff Innovation presentations debuted at the next annual meeting, and, to this day, they still replace the old success stories on the agenda. In our quest to maintain a 20-year perspective, another hard-learned lesson is the importance of not getting too operational. We emphasize this for two reasons. First, we wanted to encourage innovation within the normal management structure of the district and did not want the responsibility for operational innovation to be outsourced to our team. Second, and more important, the time horizon for future trend analysis is 20 years and beyond, and allowing operational thinking into our discussions limited us and shortened our time horizon. Research and discussions may spark an idea for members to pursue in their departments, but the emphasis lies in envisioning what the future may mean for society and the world at a high level. Benefits of an Internal Think Tank Future Trends Team participation requires research and helps members sharpen their critical thinking skills. This type of intellectual discipline encourages evidence-based decision-making, even outside of team activities. For example, our early discussions of generational trends and rapidly changing

demographics helped THPRD expedite the process of creating a position for equity and inclusion, undergoing an internal diversity climate survey, and rolling out a road map and equity council based on the survey results. Cultivating a long-term perspective has also benefited THPRD’s succession planning. By participating on a team that embraces productive conflict and encourages diverse views, we learn and practice important communication skills. Exposure on the team has helped identify future leaders, increasing their internal network and giving them a foundation for growth. Future-Focused Strategic Planning How does a future-focused team conduct strategic planning for itself ? For

starters, we are transitioning from being product-oriented to being more process-oriented. Instead of producing reports from our research, we will begin to share our meeting minutes as a record of topics and insights. For even greater transparency, we will make our research resources available to all staff so they can follow along with the themes. We also emphasize truth-checking our past projections. By comparing the actual outcomes of a trend with what the team had expected to see, we can continuously improve our own predictive skills. In 2015, we revisited the original 2012 report and refreshed it with new data, identifying two new macro trends — infrastructure and the dissemination of information and connectivity — in the process. Of course, environmental scanning

never stops. Some trends identified in the team’s infancy have already reached the mainstream; for example, augmented reality recently took the park and recreation industry by storm through Pokémon GO.” We have our work cut out for us to stay ahead of the frontier. Research and discussion topics for this year include cyber security, intergenerational equity, environmental justice, biotechnology and new forms of commerce and education. After that, who knows what the future may hold? THPRD’s Future Trends Team looks forward to finding out. Keith Hobson is the Director of Business and Facilities at Tualatin Hills Park & Recreation District (khobson@thprd.org). Katherine Stokke is the Operations Analyst at Tualatin Hills Park & Recreation District (kstokke@thprd.org).

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Parks & Recreation

Community Center The Transformation of the Puente Hills Landfill Los Angeles County to turn former landfill into its first regional park in 30 years By Terry Kanakri

t’s often been said that one man’s trash is another man’s treasure! In Los Angeles County, that is a true statement when it comes to turning the nation’s second largest landfill into a thriving future county regional park that will boast amenities for people of all ages.

The Puente Hills Landfill has been idle since 2013 when it closed following 56 years of operation. Upon approval of a conditional use permit for its continued operations in 1983, the Los Angeles County Board of Supervisors envisioned a future park on top of the landfill to be the final use of the site. In late 2016 after 18 months of planning and public input, the Los Angeles County Board of Supervisors gave the County of Los Angeles Department of Parks and Recreation the green light to proceed with plans to develop a 142-acre park equivalent to 88 football fields on top of the landfill. This community asset will be built with the park and recreation

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needs of people of all abilities and interests within a 25-mile radius in mind. “We proactively sought community input from area residents as to what they wanted from the park, and we listened and incorporated the communities’ priorities into the master plan,” says John Wicker, director of the Department of Parks and Recreation. “We envision future generations being able to enjoy the open space and recreational activities that will be provided.” The park, which will be built in phases over the next 30 years, will encourage families and fitness enthusiasts to get moving by enjoying hiking or mountain-biking, de-stressing with a yoga class or reflecting atop the scenic panoramic view overlooking

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the San Gabriel Mountains. Additional features will include an outdoor performance area, a play area for families, a dog park, picnic areas, scenic overlooks, bird watching, wildlife habitat enhancement and more. The park will also be built with the environment in mind, including plans to reduce greenhouse gases by encouraging visitors to get to the park without using their cars. For example, a transportation plan calls for visitors to use a trail lift (gondola) to reach the top, use offsite parking with shuttle service, as well as use their bikes. The first park area is slated to open to the public in 2020. For more information on the project, including the master plan concept and design renderings, visit www.puentehillslandfillpark.org. Terry Kanakri is the Public Information Officer for the County of Los Angeles Department of Parks and Recreation (tkanakri@parks.lacounty.gov).

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ADVOCACY

Elements of a Blueprint for ACA Replacement By Oliver Spurgeon, III

s the Trump administration’s top healthcare official, Dr. Tom Price (see www. nrpa.org/blog/getting-to-know-rep-tom-price/) will be tasked with fulfilling the president’s biggest campaign promise — repealing and replacing the Affordable Care Act (ACA). With Republicans in the House of Representatives and the U.S. Senate still struggling to find consensus — and looking to the White House for guidance about how to replace the ACA — Secretary Price’s ideas about health insurance coverage, lowering healthcare costs and improving healthcare quality matter now more than ever. The Empowering Patients First Act, Secretary Price’s ACA replacement bill from the last Congress, has five key components that may serve as a blueprint for an eventual ACA replacement: tax credits, health savings accounts, high-risk pools, selling insurance across state lines and repealing the Medicaid expansion. Below, I’ll dive into each idea and summarize what it means for our healthcare system and for you. Tax Credits The Empowering Patients First Act would have provided age-adjusted tax credits, ranging from $900 to $3,000,

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to help Americans purchase health insurance. While tax credits aren’t a new idea, awarding tax credits based on age, rather than income, isn’t the best way to make healthcare more affordable. Making healthcare cheaper for Bill Gates, simply because he’s older, without taking into account his ability to afford healthcare shouldn’t be our goal. The initial idea behind the ACA is to lower the cost of healthcare, especially out-of-pocket costs, for Americans. People who have the highest healthcare costs aren’t necessarily older but usually have lower incomes and suffer from costly chronic dis-

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eases, such as diabetes, arthritis, cancer, strokes and hypertension, that require repeated trips to the doctor. Health Savings Accounts In an effort to limit out-of-pocket costs, reduce reliance on insurance to pay for healthcare and encourage consumers to shop for lower prices, the Empowering Patients First Act promoted the use of Health Savings Accounts (HSAs), which allow people to put pre-tax dollars into a savings account to pay for future healthcare expenses. By pairing HSAs with a $1,000 tax credit to pay for initial healthcare costs and prescription drugs, Secretary Price’s bill sought to give consumers more skin in the game. The good news is that HSAs can be an effective way for people to plan for future healthcare costs. The bad news¸ as revealed in a 2016 study by the Employee Benefit Research Institute, is that in order to save precious HSA dollars, low-income

HSA users skipped more trips to the doctor and prescription refills, which eventually led to an increase in emergency room visits and hospitalizations. Pairing a $1,000 tax credit with an HSA, as Secretary Price’s bill would have done, could be an effective way to help Americans pay for common healthcare ailments, prescription refills and improve overall health. High-Risk Pools High-risk pools are designed to cover the sickest Americans who, typically, have high medical costs, lots of medical needs and can’t afford to get coverage on their own because of preexisting medical conditions. Before the passage of the ACA, two-thirds of states ran their own high-risk pools, which offered plans that capped spending and had yearlong waiting lists, high deductibles and premiums that for roughly 200,000 enrollees were 200 percent higher than market rates. These pools, however, were always underfunded by states and only covered a small number of folks with preexisting conditions. Because the ACA guarantees coverage for everyone, Americans with preexisting conditions are currently able to access health insurance without needing a high-risk pool. Secretary Price’s bill would have provided states with $1 billion over several years to recreate high-risk pools. However, these pools would have been able to charge 150 percent of the market rate. Despite the sizable grants provided to states in the bill to reestablish high-risk pools, many questions exist about the long-term costs to states and about Americans’ willingness to tolerate a return to higher premiums, longer waits and lifetime limits after having guaranteed coverage. Selling Insurance Across State Lines Selling insurance across state lines has long been a popular idea among conservative policy gurus as a way to lower health insurance costs. But until 2010, with the passage of the ACA, there was no federal law that regulated insurance sales across state lines. Currently,

five states allow insurers, licensed in another state, to sell health insurance in their state; however, this is still a relatively new phenomenon. In 2008, Rhode Island was the first state to pass an “out-of-state insurance” law and was soon followed by Wyoming, Georgia, Kentucky and Maine. The ACA permits states to sell insurance policies across state lines,and also allows states to enter into multistate insurance agreements. Under the ACA, an insurer must adhere to licensing, conduct, consumer protection and dispute resolution practices in any state that it sells insurance. In addition, the plans sold across state lines must be as comprehensive as those sold on the ACA’s exchanges. The Empowering Patients First Act would have required insurers to choose a home state from which to offer licensed coverage and would have allowed them to sell coverage across state lines if their plans met the medical underwriting and quality requirements of the other states. However, Secretary Price’s bill exempted the consumer protection laws of any secondary state from applying to insurers. To date, this idea has largely been untested or studied. Rhode Island has struggled to create a simple way for out-of-state insurers to contract with its healthcare providers and hospitals. Repealing the Medicaid Expansion The final pillar of Rep. Price’s ACA replacement bill would have repealed the Medicaid expansion. Congress is currently wrestling with this issue. Republican leaders in the House, Senate and White House have made repealing the Medicaid expansion a central tenet of their healthcare reform plans; however, they now face the difficult choice of how to continue providing coverage for millions of Americans who gained it through Medicaid as a result of the ACA. Medicaid, the nation’s primary health insurance option for low-income Americans, children, childless adults and people with disabilities, pays for healthcare for more

than 74 million Americans in every state. Over the past decade, it has also helped states provide mental health and substance abuse treatment as opioid addiction rates skyrocketed. The federal government pays the lion’s share of this federal-state program. Many governors, especially those in states that expanded their Medicaid programs, are deeply worried about surging program costs if Congress repeals the Medicaid expansion and federal contributions decline. Wrapping Up While there are merits for and against the major principles of Secretary Price’s old ACA reform bill, it’s certain that several of these ideas will appear in whatever concrete plan comes forth from the White House and congressional Republicans later this year. Solving the mystery of the Medicaid expansion not only is the most challenging program facing congressional Republicans and the White House, but is also the most important provision of the Empowering Patients First Act. The reality of potential coverage gaps and increased costs for all states is now setting in for legislators in Washington, D.C. Repealing the ACA is no longer an academic exercise and the legislative changes that may follow will have meaningful results on our healthcare system. Congress and the Trump administration must work together to ensure that the upcoming ACA repeal effort maintains coverage for as many Americans as possible — especially for those who gained coverage through the Medicaid expansion — and also ensures that healthcare remains affordable and accessible. The NRPA Public Policy Team will continue working to keep you up to date on this and other important policy issues related to parks and recs. Feel free to reach out with your ideas, comments and concerns in the meantime. Oliver Spurgeon, III, former NRPA Manager of Government Affairs.

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Gun Permittees Challenge Park Firearm Regulations By James C. Kozlowski, J.D., Ph.D.

s illustrated by the state court opinions described herein, gun owner groups and individuals have increasingly brought constitutional challenges to test state and local regulations which regulate or prohibit the possession of legal firearms in parks. In reviewing these challenges, state courts may consider the relationship between agency regulations, home rule powers, and the statutory and constitutional right to bear arms in a given jurisdiction. In particular, state courts will determine whether state law effectively preempts the ability of localities and agencies to enact and enforce regulation of firearms in parks. Guns in State Parks In the case of Bridgeville Rifle & Pistol Club, Ltd. v. Small, 2016 Del. Super. LEXIS 647 (12/23/2016), the state court considered a challenge to regulations which prohibited the possession of firearms in state parks administered by the Delaware Department of Natural Resources and Environmental Control (DNREC). The plaintiffs in this case had permits to carry concealed deadly weapons. The plaintiff, Bridgeville Rifle & Pistol Club (Club), claimed that regulations restricting the possession of firearms in state

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parks violated the Constitution of the State of Delaware. Accordingly, the Club petitioned the court to prohibit enforcement of these challenged regulations. As cited by the court, the challenged DNREC regulation provided as follows: It shall be unlawful to display, possess or discharge firearms of any description, air rifles, B.B. guns, sling shots, or archery equipment upon any lands or waters administered by the Division [of Parks and Recreation], except with prior written approval of the Director. As noted by the court, the challenged reg-

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ulations were promulgated pursuant to the statutory authority granted to DNREC to create rules and regulations. In this particular instance, the purpose of the challenged DNREC regulations was as follows: It shall be the intent and purpose of the Division of Parks and Recreation to adopt only those minimal Rules and Regulations that are essential to the protection of Park resources and improvements thereto and to the safety, protection and general welfare of the visitors and personnel on properties under its jurisdiction. Right to Bear Arms According to the court, the challenged regulations “had been in existence for quite some time, in one form or another, prior to the adoption of Delaware’s version of the Second Amendment to the United States Constitution in 1987.” Specifically, Section 20 of the Delaware

Constitution provided: “A person has the right to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use.” (hereinafter, “Section 20”). The Club argued the Regulations violated Delaware citizens’ right to bear arms as set forth in Section 20. In so doing, the Club claimed: “Section 20 recognizes a constitutional right to bear arms outside of the home, as well as a right to bear arms for hunting and recreation in addition to self-defense.” DNREC did not reject the Club’s characterization of Section 20, but DNREC argued, “Section 20 does not grant Plaintiffs an unfettered right to possess firearms in State Parks.” Moreover, DNREC claimed, “the Regulations do not place an undue burden on Plaintiffs’ Section 20 rights.” Interest in Public Safety As noted by the court, the Delaware Supreme Court had addressed the scope of Section 20, examining “the State’s interest in public safety and balanced that against the interest of a citizen’s right to keep and bear arms under the Delaware Constitution”: On its face, the Delaware provision is intentionally broader than the Second Amendment [to the United States Constitution] and protects the right to bear arms outside the home, including for hunting and recreation. Section 20 specifically provides for the defense of self and family in addition to the home. Since the “right to bear arms is considered a fundamental constitutional right,” the court found the following standard of judicial review would be applicable “when government action infringes upon the right to bear arms protected by Section 20”: [G]overnmental action must serve important governmental objectives and must be substantially related to the achievement of those objectives. The governmental action cannot burden the

right more than is reasonably necessary to ensure that the asserted governmental objective is met. Further, the court acknowledged “an individual’s interest in the right to keep and bear arms is strongest when the weapon is in one’s home or business and is being used for security.” However, in this particular instance, the court found government agencies had “a legitimate interest in controlling unsafe or disruptive behavior on its property”: [DNREC is] responsible for managing and overseeing the recreational activities of all persons, citizens and non-citizens alike, so they all may enjoy both our parks....Without question, ensuring the safety of all visitors is an important consideration....Firearms are designed to injure or kill. As experience demonstrates, a firearm can be converted instantaneously from currency to cannon. Accordingly, in the opinion of the court, DNREC was “not unreasonable in concluding that permitting unregulated firearms in State Parks...would heighten the potential of injury or death to the visitors thereto.” Governmental Objective The court acknowledged, “there are many responsible gun owners and users, including Plaintiffs and/or their members.” The court, however, noted that DNREC had prohibited other “dangerous instruments,” not just guns, including slingshots and archery equipment. In the opinion of the court, it would defy logic to “ban slingshots and archery, but to allow firearms.” Further, the court noted a “contextual, objective reading of the Regulations reveals the primary concern of [DNREC]...is to permit all visitors to enjoy the State’s public areas without undue risk of harm.” Moreover, in response to the “Plaintiffs’ concerns for self-defense,” the court observed, “the

need to respond to a threat with a firearm is diminished when firearms are prohibited in the area.” Court Conclusion Having found DNREC had “an important governmental objective of keeping the public safe from the potential harm of firearms in State Parks,” the court held “[t]he Regulations do not run afoul of guaranteed right under the state constitution to keep and bear arms for the defense of self, family, home and State, and for hunting and recreational use”: The Regulations are substantially related to the achievement of this important governmental objective. Moreover, the Regulations do not place an undue or unreasonable burden on Plaintiffs. Plaintiffs remain free to hunt on State lands in accordance with the reasonable restrictions in place. Their right to bear arms to protect themselves if the need for self-defense arises is not hindered but, rather, aided in effect by the presence of the Regulations. ‘Unlawful’ Firearm Possession In the case of Ohioans for Concealed Carry, Inc. v. City Of Oberlin, Ohio, 2017Ohio-36; 2017 Ohio App. LEXIS 34 (1/9/2017), the state court considered a challenge to a city ordinance which prohibited the possession of firearms in city parks and recreation areas. Brian and Janae Kuzawa were frequent visitors to Oberlin city parks. On August 2, 2013, Mr. Kuzawa noticed a sign in an Oberlin park indicating that firearms were not permitted in the park. Mr. Kuzawa believed that the ordinance conflicted with R.C. 9.68, a state statute protecting gun rights. Kuzawa subsequently contacted the police about his concerns with the ordinance. He additionally brought the issue to the attention of Oberlin City Council and Ohioans for Concealed Carry, Inc., the latter of

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which he was a member. Ohioans for Concealed Carry, Inc., (OCC) is a notfor-profit corporation that advocates for and protects the right of the people to keep and bear arms. The Ohio Supreme Court had concluded that, “the General Assembly, by enacting R.C. 9.68(A), gave persons in Ohio the right to carry a handgun unless federal or state law prohibits them from doing so.” Further, the state Supreme Court had held: “A municipal ordinance cannot infringe on that broad statutory right.” Specifically, R.C. 9.68(A) provided as follows: The individual right to keep and bear arms, being a fundamental individual right that predates the United States Constitution and Ohio Constitution, and being a constitutionally protected right in every part of Ohio, the general assembly finds the need to provide uniform laws throughout the state regulating the ownership, possession, purchase, other acquisition, transport, storage, carrying, sale, or other transfer of firearms, their components, and their ammunition. Except as specifically provided by the United States Constitution, Ohio Constitution, state law, or federal law, a person, without further license, permission, restriction, delay, or process, may own, possess, purchase, sell, transfer, transport, store, or keep any firearm, part of a firearm, its components, and its ammunition. On October 1, 2013, OCC filed a complaint against Oberlin seeking a declaratory judgment that Oberlin Ordinances 927.07 (prohibiting the possession of firearms in city parks and recreation areas) was unlawful and in violation of R.C. 9.68. OCC additionally sought a permanent injunction prohibiting the enforcement of the ordinance. Shortly thereafter, on October 3, 2013, OCC amended its complaint, pointing out that Oberlin had amended the language of Oberlin Ordinance 927.07 to 26 Parks & Recreation

prohibit the unlawful possession of firearms in city parks and recreation areas. (Emphasis of court.) Specifically, Oberlin Ordinance 927.07, as amended, stated in relevant part that “[t]he unlawful possession, use or discharge of any type of a firearm within a City park or recreation area is strictly forbidden.” Oberlin attached a copy of the amended ordinance to its pleading, which indicated that the prior version conflicted with R.C. 9.68. The amendment was enacted on September 16, 2013, and became effective October 16, 2013. Thereafter, Oberlin filed a motion for partial summary judgment asserting that the declaratory judgment action was moot with respect to any alleged conflict between R.C. 9.68 and the repealed ordinances. OCC opposed the motion and also filed a motion for summary judgment. In support of its motion for summary judgment, OCC submitted affidavits and also minutes from several Oberlin City Council meetings in an effort to demonstrate that Oberlin repealed the ordinances because of the lawsuit. Subsequently, Oberlin filed another motion for summary judgment arguing that Oberlin Ordinance 927.07, as amended, did not conflict with R.C. 9.68. The trial court determined that there was no longer a controversy involving the repealed ordinances because Oberlin Ordinance 927.07, as amended, was lawful and constitutional. OCC appealed. On appeal, OCC argued that the trial court erred in concluding that the amended version of Oberlin Ordinance 927.07 did not conflict with R.C. 9.68. Local Home Rule As cited by the appeals court: “Section 3, Article XVIII of the Ohio Constitution, commonly known as the Home Rule Amendment, gives municipalities the authority to exercise all powers of local self-government and to adopt and en-

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force within their limits such local police, sanitary and other similar regulations, as are not in conflict with general laws.” As described by the court, a “home-rule analysis” involves a “three-step process.” In the first step, a court would “determine whether the ordinance at issue involves an exercise of local self-government or an exercise of local police power”: If the ordinance is one relating solely to matters of self-government, the analysis stops, because the Constitution authorizes a municipality to exercise all powers of local self-government within its jurisdiction. In this particular instance, the court noted that there was no “dispute that the ordinance is an exercise of police power.” If the “local ordinance is an exercise of police power,” in the second step, the court would then determine whether the statute is a “general law.” In this particular instance, the court acknowledged that the Ohio Supreme Court had “already determined that R.C. 9.68 is a general law that displaces municipal firearm ordinances and does not unconstitutionally infringe on municipal home rule authority.” In the final step of this home rule analysis of a general law, the court would “determine whether the ordinance conflicts with the statute.” Specifically, the issue before the court was “whether the ordinance permits or licenses that which the statute forbids and vice versa.” Conflict with State Law? In this particular instance, the trial court had concluded that Oberlin’s ordinance “complements rather than conflicts with R.C. 9.68.” Similarly, the appeals court concluded that Oberlin Ordinance 927.07 “does not prohibit that which R.C. 9.68(A) permits or vice versa”: Oberlin Codified Ordinance 927.07 prohibits only the “unlawful” possession, use, or discharge of firearms in a city park or recreation area. Unlawful has

been defined as “not authorized by law; illegal.” Black’s Law Dictionary 1574 (8th Ed.2004). We see nothing in the language of Oberlin Codified Ordinance 927.07 that prohibits conduct authorized by R.C. 9.68(A), particularly given that R.C. 9.68(A) authorizes the unrestricted possession, purchase, sale, transfer, transport, or storage of any firearm except as provided by state or federal law. While the state supreme court had found R.C. 9.68 indicated the “General Assembly’s intent to occupy the field of handgun possession in Ohio,” the appeals court acknowledged that municipalities, like Oberlin, could still “enact legislation pursuant to the Home Rule Amendment, provided that the local legislation is not in conflict with general laws.” Having found the amended Oberlin Ordinance 927.07 was valid and not in conflict with R.C. 9.68(A), the appeals court affirmed the summary judgment of the trial court in favor of Oberlin. State Law Preemption Similarly, in the case of Firearm Owners Against Crime v. Lower Merion Township, 2016 Pa. Commw. LEXIS 545 (12/16/2016), plaintiff Firearm Owners (FOAC) asked the state court to enjoin (i.e., prohibit) the enforcement of a local ordinance which regulated guns in parks. However, in contrast to the Oberlin opinion described above, the state court in this particular case found state law preempted (i.e., prohibit) any local Home Rule attempt to regulate firearms in parks, including a prohibition on unlawful possession of firearms in parks. In 2011, Lower Merion Township (Township) passed an ordinance amending section 109-16 of its Code (Ordinance) to prohibit persons from “carry[ing] or discharg[ing] firearms of any kind in a park without a special permit, unless exempted.” (Lower Merion Town

ship, Pa., Code §109-16.) The Ordinance imposed a maximum fine of $600.00 per violation and authorizes the police to remove violators from Township parks or recreation areas.

In 2014, FOAC contacted the Township and alleged that the Ordinance violated section 6120(a) of the Pennsylvania Uniform Firearms Act (UFA) because it improperly restricted firearm possession

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in Township parks. In pertinent part, the UFA provided that “[n]o county, municipality or township may in any manner regulate the lawful ownership, possession, transfer or transportation of firearms.” 18 Pa.C.S. §6120(a). Upon review, the Township determined that “the Ordinance was consistent with the UFA because it only prohibited the unlawful possession of firearms in parks.” FOAC subsequently conducted a rally in a Township park where many of its members carried firearms; however, no citations were issued and no threats of prosecution were made. On March 20, 2015, FOAC filed a complaint against the Township seeking declaratory and injunctive relief, alleging “the Ordinance violated Article 1, Section 21 of the Pennsylvania Constitution and was preempted by the UFA.” On May 8, 2015, FOAC filed a motion for preliminary injunction. In their motion, FOAC alleged that “the Ordinance’s violation of the Pennsylvania Constitution and the UFA constituted per se [i.e., in and of itself] immediate harm...because Firearm Owners would face prosecution and be deprived of their constitutional and statutory rights.” The Township filed an answer to FOAC’s motion, asserting the Ordinance did not violate the UFA because it only regulated the “unlawful” possession of firearms in Township parks. According to the Township, “prohibiting the unlawful possession of firearms is essential to the safety of the Township’s residents.” Further, the Township claimed there was “no evidence indicating that the Township ever enforced the Ordinance” against anyone, including FOAC members. The trial court denied FOAC’s motion for preliminary injunction. In so doing, the trial court found “FOAC failed to meet their burden to prove immediate and irreparable injury be28 Parks & Recreation

cause the alleged injury was speculative.” FOAC appealed. On appeal to this court, FOAC claimed that “the trial court erred in denying their motion for preliminary injunction because the Ordinance is preempted by the Pennsylvania Constitution and the UFA.” State/Local Firearm Relationship As cited by the appeals court, Article 1, Section 21 of the Constitution of the Commonwealth of Pennsylvania provided that “the right of the citizens to bear arms in defence of themselves and the State shall not be questioned.” Pa. Const. art. 1, §21. Moreover, the appeals court noted that the Pennsylvania Supreme Court had delineated the relationship between state and local firearm regulation as follows: [T]he Constitution of Pennsylvania requires that home rule municipalities may not perform any power denied by the General Assembly; the General Assembly has denied all municipalities the power to regulate the ownership, possession, transfer or possession of firearms;... Since the General Assembly had said municipalities may not seek to regulate firearms, the appeals court acknowledged any municipal “attempt to ban the possession of certain types of firearms is constitutionally infirm.” On appeal, the Township argued, “a home rule municipality’s power may be restricted only when the General Assembly has enacted a statute on a matter of statewide concern.” The appeals court, however, found the regulation of firearms was indeed a substantive matter of statewide concern because the ownership of firearms was expressly protected under Article 1, Section 21 of the Pennsylvania Constitution. Accordingly, the appeals court found “the General Assembly, not city councils, is the proper forum for the imposition of such regulation.”

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Only ‘Unlawful’ Possession On appeal, the Township had also claimed “the Ordinance purports to regulate only the unlawful possession of firearms,” not the constitutional right to bear arms legally. The appeals court disagreed. As characterized by the appeals court, “the subject Ordinance, by its terms, does not solely regulate the possession of firearms that the General Assembly has already decided to be unlawful.” On the contrary, the appeals court found that “[t]he Ordinance is a broad proscription against carrying or discharging any kind of firearm in a park absent a ‘special permit’ unless exempted.” Moreover, the appeals court noted: “the Township does not point to any corresponding provision in the Pennsylvania Crimes Code that contains such a blanket ban of firearm possession in a park.” As a result, the appeals court determined the Ordinance was indeed “preempted by state law.” Specifically, the court found the General Assembly, through enactment of the UFA, had “denied all municipalities the power to regulate the ownership, possession, transfer, or transportation of firearms.” Accordingly, the appeals court agreed with the Firearm Owners argument that “the Township is preempted from regulating firearm possession in any manner.” In so doing, the appeals court rejected the Township’s position that there was a “cognizable distinction...between regulating lawful activity and unlawful activity.” [T]he Ordinance is not consistent with the UFA. Rather, the UFA explicitly prohibits a township from regulating “in any manner” and contains no express exemptions authorizing a township to enact ordinances permitting firearm regulation on its property, i.e., parks.... As a result, the appeals court held “the Ordinance is preempted by sec-

tion 6120(a) of the UFA and, therefore, the Township’s enactment of the same violates the UFA.” Accordingly, the appeals court concluded the “issuance of a preliminary injunction is necessary to prevent immediate and irreparable harm, i.e., the continued statutory violation.” In so doing, the appeals court found the fact that “FOAC violated the Ordinance was sufficient to confer standing to obtain judicial review...even if no enforcement action has occurred.” [I]t is undisputed that FOAC and many of its members conducted a rally in a Township park while carrying firearms in violation of the Ordinance, although no citations were issued and no threats of prosecution were made.... [W]e cannot presume that a local government would enact an ordinance it

has no intention of enforcing. Thus, although the Township did not enforce the Ordinance when FOAC and its members conducted a rally in its park, we must not presume that it will act similarly if another rally is performed or an individual violates the Ordinance.... The Township should not be the entity determining when and who may invoke judicial review by arbitrarily enforcing the Ordinance; rather, that determination is within the purview of the courts and should be determined by the relevant facts and constitutional considerations. The appeals court, therefore, held that the trial court had erred in not granting FOAC’s request for a preliminary injunction to prevent the Township’s enforcement of an Ordinance which violated state law.

SEE ALSO: • Gun Rights Tested in Parks and Public Spaces James C. Kozlowski, Parks & Recreation, Mar. 2016, Vol. 50, Iss. 3 (http://cehdclass.gmu.edu/jkozlows/ lawarts/03MAR16.pdf) • Right to Bear Arms Limited in ‘Sensitive’ Public Facilities James C. Kozlowski. Parks & Recreation. Apr. 2011, Vol. 46, Iss. 4 (http://cehdclass.gmu.edu/jkozlows/ lawarts/04APR11.pdf)

James C. Kozlowski, J.D., Ph.D., is an Attorney and Associate Professor in the School of Recreation, Health, and Tourism at George Mason University in Manassas, Virginia (jkozlows@gmu. edu). Webpage with link to law review articles archive (1982 to present): http://mason.gmu. edu/~jkozlows.

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Parks & Recreation

Endangered: The Rusty Patched Bumblebee By Richard J. Dolesh

umblebees are some of the most unusual and endearing creatures in nature. They are large and fuzzy with tiny wings in proportion to their body size, and, until very recently, many people believed that bumblebees shouldn’t even be able to fly — they violated the rules of physics!

In seeking the reasons how bumblebees are able to fly, the explanations quickly turn toward aerodynamic flow terms such as “dynamic stall” and “leading edge vortex.” It makes you wonder if bumblebees only knew how much of a puzzle they still are to scientists and engineers. But, bumblebees and other native wild bees are in real trouble throughout the United States. The loss of pollinating services of bees is a matter of major concern in areas dependent on certain types of crops, fruits and nuts. The rusty patched bumblebee, Bombus affinis, is one of those bee species so endangered that it was approved for listing as a federally endangered species under the Endangered Species Act. 30 Parks & Recreation

Precipitous Decline The rusty patched bumblebee is distinctive, with an all-black head and a reddish patch on the backs of workers and males. Queens, which are larger, do not have the reddish patch on their backs. Up until about 20 years ago, this wild bumblebee was a regular resident of fields, farms, parks and backyards. It was once common and even abundant throughout the Central and Eastern United States where its range extended to more than 30 states. However, for a variety of reasons, including disease transmitted from commercially raised bumblebees, loss of critical habitat, poisoning from pesticides and the effects of climate change, the numbers and distribution of the rusty patched bum-

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blebee have declined almost 90 percent in just this brief period. It is now found in just 14 states in disconnected populations. While a number of factors are cited in the decline of rusty patched bumblebees, two causes stand out — the effects of certain insecticides, especially neonicotinoids, that are particularly toxic to native bees, and the use of commercially raised bumblebees that are infected with a pathogen called Nosema bombi that infects wild bees, as commercial bees are transported to orchards and farms for pollination services. Two other larger scale factors are also likely in the decline of the rusty patched bumblebee — climate change and habitat loss. Climate change may impact the reproductive cycle of this species if pollen-bearing flowers and trees in the late season have already bloomed and are not available for new queens and males to start the cycle to begin new hives for the following year.

Meadows and Wildflowers Essential for Bee Habitat Habitat loss has also been a significant cause in the decline of many wild bee species and may be one of the greatest threats to pollinators in certain areas. Meadows, grasslands and prairies are vital habitats for bees, certain types of songbirds and other valuable wildlife species. However, these habitats have been disappearing at an astonishing rate, as our landscape is transformed by development for homes, infrastructure, commerce, and energy. To restore such habitats, the prescription is simple: “Shift from turf to meadows. Remove invasives, encourage a diversity of wildflowers and mow once per year to keep saplings down,” says Sam Droege, United States Geological Survey scientist and head of the national Bee Monitoring and Inventory Lab. “This will make great bumblebee habitat — and great habitat for birds and butterflies and other wildlife,” says Droege. Habitat for wild bees doesn’t need to be large. In searching for people who have seen the fast-disappearing rusty patched bumblebees, I talked with Clarence ‘Sparky’ Sparks, a member of the board of the Friends of Patuxent, a volunteer group at the Patuxent Research Refuge, a national wildlife refuge near Laurel, Maryland. Sparky is an avid citizen scientist who has transformed his yard in Severn, Maryland, into a diversified landscape that is ideal for pollinators. He says he has planted native flowering trees and five garden beds with bee balm, asters, goldenrod, milkweed, boneset and other native plants. “I try to have a variety of plants and trees that bloom the maximum length of time throughout the season,” he says. “Originally, I planted to attract butterflies, but I found that all my landscaping for butterflies has been beneficial and attractive to bees as well.”

He has had rusty patched bumblebees in his yard. “The ‘patch’ is very distinctive. At first you think they might be carrying a lot of pollen, but up close you can tell it’s a reddish patch on their back,” he says. First Bee to Be Listed as an Endangered Species In January 2017, the rusty patched bumblebee became the first bee in the continental United States to be listed under the Endangered Species Act (seven have been listed in Hawaii). This action by the U.S. Fish and Wildlife Service was in response to a petition from the Xerces Society for Invertebrate Conservation. In a breaking news update, as this issue of Parks & Recreation was going to press, the President’s Executive Order

halting all federal regulations froze the listing for 60 days until March 21, 2017. For more on the implications of freezing of this ESA listing the rusty patched bumblebee, see NRPA’s Open Space blog (www.nrpa.org/bumblebee-blog). Regardless of the implementation of the endangered species legislation, many fear that this species is headed toward extinction and all efforts should be made to aid in its recovery, something that parks can clearly aid in. A variety of excellent resources on the rusty patched bumblebee can be found on the Xerces Society website at www.xerces. org/rusty-patched-bumble-bee/. Richard J. Dolesh is NPRA’s Vice President for Strategic Initiatives (rdolesh@nrpa.org).

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Parks & Recreation

HEALTH AND WELLNESS Celebrating Three Years of Healthy Out-of-School Time By Allison Colman

n February 2014, NRPA launched Commit to Health, a campaign devoted to creating healthier out-of-school time (OST) programs in local parks and recreation. This month, weâ&#x20AC;&#x2122;re celebrating three years of successful implementation in communities across the country!

Over the last three years, park and recreation agencies that have joined Commit to Health have worked toward creating a

healthier generation of youth through the implementation of the Healthy Eating Physical Activity (HEPA) standards at

Healthy Eating & Physical Activity Standards

Percentage of Sites Fully Demonstrating Standards

Serve only foods with no artificial trans fats

73%

Serve a fruit or vegetable at every snack and meal

85%

Serve only whole grain-rich products

76%

Serve only non-fat or reduced fat dairy products

89%

Serve only lean protein, beans/legumes, eggs

74%

Serve only packaged snacks that meet USDA Smart Snacks standards

84%

Serve only frozen desserts that meet USDA Smart Snacks standards

60%

Provide drinking water at no cost to youth and staff

95%

Serve only low-fat plain, or plain or flavored non-fat milk

93%

Serve only 100% fruit or vegetable juice

86%

Prohibit full-calorie sodas, sports drinks or juice drinks

82%

Prohibit diet/low-calorie beverages elem. only, allow for high school

81%

Serve only non-caffeinated beverages

87%

Offer evidence-based nutrition education to youth

86%

Offer evidence-based education materials about nutrition to families

60%

Dedicate at least 20% of program time to physical activity (30 mins for a half-day program, 60 mins for a full-day program)

97%

Provide activities in which youth are moderately to vigorously active for 50% of physical activity time

95%

Ensure physical activity takes place outdoors whenever possible

97%

Do not permit access to television or movies

53%

Limit digital device time to less than one hour per day and activities that engage youth in physical activity

90%

Share educational materials with families

68%

32 Parks & Recreation

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their OST sites. The HEPA standards are things like ensuring that a fruit or vegetable is served at every meal, making sure that kids in a summer camp program are getting 60 minutes of physical activity, and providing drinking water at all times to youth and staff. Through implementation of these standards, 1,250 park and recreation sites have provided increased access to healthy foods and new opportunities for physical activity for more than 228,000 youth. While the impact numbers alone are impressive, there are many reasons to celebrate this initiative â&#x20AC;&#x201D; new partnerships have been created, new resources have been developed and program evaluation shows that knowledge is increasing and behavior change is taking place. New Partnerships: In parks and recreation, we know how important partnerships are to the success of a program, and Commit to Health has helped to spark numerous partnerships and collaborations across the country. From local agencies working with state health departments, school districts, volunteer groups, YMCAs and Boys and Girls Clubs, to national partnerships with the Alliance for a Healthier Generation and Partnership for a Healthier America, new relationships have flourished. And, these relationships have resulted in increased capacity to create healthier menus, set goals and develop action plans, and implement nutrition education and physical activity programs. New Resources: Through the Commit to Health initiative, NRPA has had the opportunity to create an abundance of new resources focused on healthy out-of-school time, including a set of family engagement materials and the Foods of the Month nutrition education curriculum. Foods of

the Month is an evidence-based curriculum specifically designed for park and recreation OST programs. Each month highlights two healthy food groups and contains a suite of materials, including lesson planning guides, newsletters, coloring and activity pages, USDA and MyPlate resources and physical activity lessons. This year, NRPA will be expanding the FOM curriculum to include a set of Community and Home Gardening resources. These resources will provide guidance on projects to help park and recreation agencies and families continue to make healthy living changes. Evaluation Results: Since the inception of Commit to Health, NRPA has been committed to conducting a thorough evaluation of the initiative to determine knowledge gains, behavior change and verification of the standards being

met. Our evaluation data shows that children, staff and parents have experienced increases in knowledge of healthy eating and physical activity, resulting in positive behavior changes. We know that children involved in park and recreation programs that have implemented the HEPA standards are eating better and moving more. In addition to the data collected from participants in the initiative, NRPA has also collected data on the actual standards being implemented in park and recreation sites. This past year, we completed our first round of third-party verification through documentation to evaluate the progress and implementation rates of the HEPA standards. Overall, the results from the verification (in the preceding chart) show that incredible progress is being made across the field.

While the implementation rates of many of the standards are quite high, the results also illustrated that there is significant room for improvement. There is still the need for continued technical assistance and resources around engaging parents and caregivers in nutrition education, prohibiting access to television and movies, not serving foods with trans fats and ensuring that items being served are whole grain-rich. Parks and recreation are creating healthier communities each day and impacting thousands of individuals along the way. Itâ&#x20AC;&#x2122;s not too late to register your site for Commit to Health, and join the national movement for healthy out-ofschool time. Allison Colman is an NRPA Health & Wellness Program Manager (acolman@nrpa.org).

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Parks & Recreation

SOCIAL EQUITY

Park goers in Domino Park, in the Little Havana district of Miami, Florida, enjoy playing dominoes, socializing and celebrating their Cuban heritage. Domino Park has, at times, been used for political demonstrations. It also provides a connection from the adjoining neighborhood through an open plaza space to Calle Ocho, the main road through the tightly knit, 25-block ethnic enclave.

basic building blocks for a successful small park: accessibility, specificity, authenticity, adaptability and functionality. These elements, when combined, create a design framework for good small parks, regardless of setting, and were noticeably missing in less successful spaces.

Public Spaces and Social Equity By Melissa A. Currie, Ph.D., RLA

orldwide, more people now live in urban versus rural areas. A fact that’s borne out in North America, where more than 80 percent of the population lives in urbanized areas. Public spaces, found in all types of settings, often provide important center points and democratic space for neighborhoods, particularly in areas where residents have less individual ownership. They can also give neighborhoods a unique identity and help create connections through “place attachment” — the strong, emotional bonds people form with their surroundings — that may motivate residents to stay in place as their income levels rise. Elements of the built environment influence place attachment, and the result of strengthening neighborhood ties and celebrating their unique identities produces stronger communities and cities. As the rural-to-urban population shift continues, public spaces and urban parks may become the basis for how many urbanites experience nature. This was the motivating idea for a study of small urban spaces (3 acres or less) and what design principles make them successful. Small spaces in four types of communities were studied — including ultra-urban settings such as New York City; newer metropolitan cities such as Miami, Florida; older, slow growth and smaller cities such as Roanoke, Vir-

34 Parks & Recreation

ginia; and the ubiquitous American small town, such as Niceville, Florida. A variety of parks, plazas and other types of public spaces were visited and park goers informally interviewed for a wide interpretation of how the spaces were used. Combining local knowledge, photographic documentation, observation, interviews and park histories yielded a better understanding of the individual spaces and their relationships to their community. From this study, five design principles were determined to provide the

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Essential Elements of a Small Public Space Accessibility is perhaps the most important element of a small public space. A small park should be a central part of a community and should be encountered in the course of a normal day’s routine. Locating parks on leftover parcels, private spaces or behind homes provides little relevance to their context or the overall community and can result in them being underutilized. Specificity means a site is specific to its location and users. It implies that a site possesses qualities that make it special and unique, and may come from a neighborhood’s ethnic or religious affiliation. Authenticity means a park is genuine, or “the real deal,” and must actually be the thing it is representing. Simply copying something successful from one area to another does not take into account a site’s authenticity. Adaptability in a park allows for upgrades, maintenance and change over time as the neighborhood’s needs evolve. Adaptability reflects the organic nature of public space. Functionality speaks to a park’s place in the urban fabric and provides opportunities for play, recreation, retreat and socializing in practical ways by providing activities a community wants. Ultimately, providing good public space is about equity in the built environment — regardless of setting. Parks must be open to the public with no restrictions on race, gender, economic status, etc. However, interaction with nature has been especially challenging for residents of low-income urban

communities that have lower rates of participation in nature-based recreation. This is due to the inaccessible locations of many parks and open areas. The ability to access neighborhood public spaces has a profound impact on the poor, those with limited mobility and children. Easily accessed, nearby public spaces are very important for such vulnerable populations who may not have a personal vehicle, a situation made even more acute in neighborhoods with few public transportation options. Studies have also shown that youth in low-income neighborhoods rely more heavily on local public spaces and use them more frequently than those in more affluent areas. Researchers found that despite their need, minority neighborhoods in Los Angeles had fewer than 2 acres of park space per 1,000 people, compared to more than 31 acres in white neighborhoods.

Nearby parks also lessen environmental justice issues by increasing neighborhood quality of life and aesthetics through positive contexts. The heat island effect (where heat is trapped by pavement and buildings, causing higher temperatures in urban areas) is stronger in neighborhoods with low tree canopy cover, and recent studies in Cleveland showed these were often poor and minority neighborhoods. Other research demonstrated the negative cumulative effects of overlapping environmental and social hazards experienced by vulnerable communities. These things highlight the ongoing issues of environmental and social justice and the need to locate parks near people, particularly in poor neighborhoods. An equitable provision of local parks is one way to lessen the disparity between wealthy and poor neighborhoods by enhancing neighborhood assets. Well-de-

signed parks that are accessible, specific, authentic, adaptable and functional can provide social space and the yards and playgrounds children need to stimulate imaginative, creative play, while helping foster a more positive outlook on life. Therefore, planners and parks departments should determine where parks are missing within their communities, and develop plans to alleviate imbalances. Note: This article is adapted from professor Currieâ&#x20AC;&#x2122;s 2017 article titled â&#x20AC;&#x153;A Design Framework for Small Parks in Ultra-Urban, Metropolitan, Suburban, and Small Town Settings,â&#x20AC;? published in volume (22)1 of The Journal of Urban Design. Melissa A. Currie, Ph.D., RLA, is an Assistant Professor of Community Development at the University at Albany, State University of New York and a licensed landscape architect (mcurrie@albany.edu).

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Parks & Recreation

Planning From Concept to Reality

n the 21st century, our parks and green spaces are how we are still able to connect, on a primal level, to the purity of nature. Parks have public health, preservation and conservation implications — from providing places for physical activity and offering safe spaces for children to play, to helping to lower crime rates. And, their aesthetic value is also a source of civic pride. In short — as we all know — our parks are vital to our communities. Millions of acres of land in the United States are devoted to our local, state and national parks. More and more are opening all the time, but there’s still more work to be done to preserve green, open spaces. Innovative projects designed to transform unusual public spaces are being started across the country. However, can any community undertake these kinds of projects? If so, how do you turn an idea into a park?

36 Parks & Recreation

Getting Started While there are certain common starting points for everyone, the route to get from idea to park is unique for each project. “Typically, a park project gets started through a demonstrated need from surveys of community members, and other public input that is incorporated into the city’s Comprehensive Plan and the Parks and Recreation Open Space (PROS)

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Plan,” explains Mark Harrison, landscape architect with the Parks Planning and capital development manager for the city of Everett, Washington, Parks & Community Services Department. “Park property donations and park construction for new land and housing developments are also negotiated with city officials and are included in a development agreement.” Depending on the scope of the project, it can either be a straightforward process or be complex and full of intricacies. Most new projects begin with the community members who usually are the first ones to recognize the need and desire for a new park. From there, a project can go any number of directions.

a Park By Eric Moreno

In merging nature and culture the most successful cities combine such universal needs as maintaining or restoring contact with the cycles of nature, with specific, local characteristics. – Sally A. Kitt Chappell, Chicago’s Urban Nature: A Guide to the City’s Architecture + Landscape

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Parks & Recreation

P L A N N I N G A PA R K

“It really does depend on how big the project is going to be,” says Bill Lambrecht, superintendent of Parks and Planning for the city of Wilmette, Illinois. “For a new site, typically, we are approached by residents asking us to acquire [property]. For example, the suburb we work in is virtually all residential and there is very little open space left. When a parcel becomes available, residents usually ask us to keep it open as opposed to it being developed for single or multifamily dwellings.” It is at this point that funding starts to play a part. Nothing can be done — no matter how altruistic the endeavor — without the funds to pay for the land. Here, those involved in the project can begin to employ some creativity. There are traditional funding methods and then there is the option of finding partnerships with local, like-minded organizations, such as the YMCA or local school and library districts.

“Our two most common ways of obtaining parkland is through purchase or as a dedication in satisfaction of parkland dedication requirements through the city’s development process,” explains Jenny Baker, Parks, Planning & Development manager with the city of McKinney, Texas. “Funding depends on the size of the park and may take several budget years. Once we hire a consultant to design the park, we hold public input meetings to find out the needs and wants of the park users and adjacent residents and specific user groups.”

The Plan With the funding in place, the real work begins. The park has to be conceptually designed, construction plans need to be drawn up and the actual building of it needs to be opened up to the public for bidding. There are a multitude of steps along the way and each is critical to ensuring the project is successful. “The plan is often formulated through a series of steps,” says Jeffrey Richards, a registered landscape architect and parks planning coordinator for Westmoreland County, Pennsylvania. “The initial concept may start simply Above is a section of the Comegys as a collection of words that enCreek Trail as it appears today. At capsulate the desire for a specific left is the plan for the development of this area into what will park, sometimes speaking to the be called the Comegys Creek Hike special natural resources worthy and Bike Trail. of preservation or the community’s needs for recreational opportunities.” These often nebulous plans must be fluid. The project has to fit into the actual physical space of the property being eyed. Frequently, plans have to be adjusted to match the realities of the land available, the political land-

38 Parks & Recreation

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scape or just random occurrences that crop up during this planning phase. “Getting the public involved has always worked in our favor,” Lambrecht says. “The only time there is an issue is when residents do not pay attention to press and other forms of contact and then say they were uninformed. [Large-scale projects] like I have been involved in recently have us sending a first-class letter to every household in town, in addition to reaching out to local press and including the information in our quarterly brochure.” Crossing the proverbial t’s and dotting the proverbial i’s require a lot of moving parts and a lot of specialized professionals and laypersons. The master plan is often a broad stroke snapshot of the project, outlining specific details and the overall physical attributes and dimensions of the park project. “Our most recent example of a park project was a 17-acre site that was owned by a local university and that they decided to sell to a developer,” Lambrecht continues. “The residents in the area did not want a densely developed parcel adding to traffic, and they did not want to lose the open space they were all use to using at that location. The process ultimately took five years, from the property going on the market to the referendum, closing on the property and sale of the building to the Village and then the developer. All the while, planning was underway for the park. Renovation of the building, including the community center space, was being completed while the park was being developed.” “Because it is to be a ‘public’ park, many people can be involved, although the level of public participation varies from project to project,” says Richards. “A local ‘champion’ is a unique player and a treasure really. This is a person that provides the energy and drive to get other people moving in the development of a new park. They keep at it, regardless of roadblocks and delays, and they are invaluable.” “Parties to be involved are identified in

each project’s scope questionnaire, and that can change throughout the planning process,” explains Harrison. “Unique players may include Native American tribe representatives, utility company representatives, travel and tourism professionals, scientists, engineers, school district members, planners and maintenance professionals who are stewards of similar public and private park facilities, chamber of commerce members, police department specialists and special committee groups, such as, in our case, the Downtown Redevelopment Commission.” Later in the planning process, technical specialists become involved. These include land surveyors, landscape architects, civil engineers, attorneys and, of course, contractors. All of these people have their own ideas and opinions about what is best for a project, and it can become difficult to push goals through. It would be easy for many projects to simply die before ground is even broken; however, it is at this critical point that “magic” often happens. “The best practice that I always employ is to listen,” Baker advises. “During the planning process/public input process, we have found that listening to the residents and trying to incorporate as many of their requests, ideas, etc., is extremely important. Even the smallest of things make a difference.” With so many different entities involved, hurdles of all kinds are bound to exist. These can range from bureaucratic contingencies to environmental concerns. Everyone consulted for this piece echoed Baker’s philosophy that the simple act of listening is the best way to overcome these problems. “You need to always be willing to listen,” Richards emphasizes. “This doesn’t just include [listening to] the residents. You need to also ‘listen’ to the land. Spend an extended time there across every season.” As anyone who has ever shepherded a park planning project from beginning to end can attest, it can be a long and often arduous process. The larger the project, the more complex and the more time it can take. “Projects that include grant applications can add an additional year,” says Harrison. “City budget allocation and approval can add three months to a year. Project design, bidding and construction document preparation can take six months to two years. Construction itself can take between three months to two years. “A recently completed large park project with which we were involved, generated $2.5 million in construction costs, from the consultant selection to the final contractor payment, and spanned a period of eight years.” On the other hand, small projects that cost around $25,000 in construction fees can be completed in as little as one year. Despite the time, hours and frustrations that come from these large projects, the best part is when they finally open. In this era, as more people are being creative in finding ways to best use the land and resources available to them — such as converting former landfills, vacant lots and abandoned buildings into

parks — and trying to best serve the growing elderly segment of our population and simultaneously serve the growing youth segment, unique ideas and situations present themselves every day. Conclusion Turning formerly unused spaces, especially in urban environments, into parks offers both challenges and unbelievably satisfying rewards. Transforming a bleak area into a place of public beauty is something truly special. Parks go beyond the grass, trees and recreation equipment they comprise. They become integral parts of people’s lives and essential parts of a community. They bind people together over their shared love of the outdoors and their desire to see beauty in their neighborhoods. President Lyndon B. Johnson, perhaps, said it best when he talked about the need to preserve public land: “If future generations are to remember us with gratitude rather than contempt, we must leave them something more than the miracles of technology. We must leave them a glimpse of the world as it was in the beginning, not just after we got through with it.” Eric Moreno is a Freelance Writer based in San Antonio, Texas (ericmoreno@ hotmail.com).

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Parks & Recreation

Parks Without By Mitchell J. Silver

hen walking down a New York City street, the average person doesnâ&#x20AC;&#x2122;t experience public space in terms of jurisdiction, nor do they care whether this piece is managed by the Department of Transportation or that this other part is overseen by the Parks Department, and that piece over there is within the purview of the Department of Environmental Protection. But, unfortunately, that is the approach historically taken when planning and building the public realm, and it can lead to a disjointed series of public spaces that create obstacles for public use.

Before

40 Parks & Recreation

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After

Borders

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Parks & Recreation

PA R K S W I T H O U T B O R D E R S

The public realm is a common resource that New Yorkers share every day: they are the spaces where people, especially New Yorkers, play together, talk together, wave hello and simply share the sidewalk. Well-designed, attractive and welcoming public spaces can become a positive center of a community’s life. The more attractive, inviting and accessible our public spaces are, the more they will be used and the more opportunities there will be to be part of the community. Cities are layers of history, and parks in New York City were designed over centuries, so it’s no surprise that parks reflect different notions about what public space means. Some of them were designed not to integrate with the surrounding community but, instead, to be sealed off from them through tall fences, big walls or lack of visual and physical connections. It’s even possible to walk by a park without realizing that it is there. In a city like New York, where open space is at a premium, we cannot afford to overlook any park or public space.

Before

Planning a Seamless System In New York City, the public realm makes up about 40 percent of the land area: with 14 percent to parks and 26 percent to streets, sidewalks and other public spaces. Yet, this precious resource that makes places livable is not planned or managed as a seamless system. That’s why, in 2016, NYC Parks launched Parks Without Borders, an initiative that addresses inconsistent park design and unifies the public realm. Our goal is to promote freedom of movement, and to make all parts of public space as seamless as possible in order to make the most out of this limited but important resource. To do this, we are focusing on redesigning parts of parks that interact directly with the surrounding neighborhood: entrances, edges and park-adjacent spaces. The program was first announced as part of Mayor Bill de Blasio’s comprehensive plan for the city, OneNYC, through which the mayor allocated $50 million. Now, we are implementing Parks Without Borders in two ways: creating eight transformative projects, selected with input from New Yorkers, and incorporating the design philosophy into our standard design process. Parks Without Borders is innovative in both its design philosophy and its approach to public outreach. For the

After

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first time, we started a series of capital projects by directly asking people where they thought this design approach would do the most good. We built an online, interactive map that allowed people to nominate specific parks and to also identify specific recommendations for that park by using digital icons. As not everyone has the same access to, or comfort with, online engagement, we also coupled the online outreach with in-person events, specifically targeting communities with low levels of in-home high-speed broadband access. The public outreach resulted in more than 6,100 nominations for projects that covered almost a third of all city parks. Parks in every part of the city were represented. The website comments were anonymous, but the letters and emails we received, and the diversity of attendees at our in-person events, made it clear that New Yorkers of all walks of life care about their parks and are interested in improving them through Parks Without Borders. We heard from kids, community leaders, local business owners, park advocates and landscape architects, among many others — proof positive that Parks Without Borders had struck a chord. Reimagined Spaces We selected the eight showcase projects based on three criteria: community support, park access and physical conditions and context. We identified the most nominated parks in each borough and then reviewed them for the opportunity to improve park access and physical conditions and context. As this is primarily a design approach, it relies on certain physical conditions to succeed. We wanted to make sure we selected projects that would work and would transform park spaces for their communities. Based on those three factors, we selected the follow projects: Seward Park and Jackie Robinson Park in Manhattan; Van Cortlandt Park and Hugh J.

Mitchell J. Silver is the NYC Parks Commissioner (PWB@parks.nyc.gov).

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Grant Circle/Virginia Park in the Bronx; Flushing Meadows Corona Park in Queens; Fort Greene Park and Prospect Park in Brooklyn; and Faber Park in Staten Island. These projects represent the wide range of potential improvements Parks Without Borders can offer. For example, at Van Cortlandt Park, one of the Bronx’s flagship parks, we are reimagining a major entrance to create a grand entrance that welcomes people when they arrive. We will also be creating a new flexible plaza space in place of underused tennis courts. At Seward Park in Manhattan, we’re redesigning a part of the park that’s next door to a library. Today, it is an empty paved area, but with the new design, it will be a space park goers and library users can both use and enjoy. Design for these projects is well underway. In fall 2016, to kick off design we held robust and well-attended community input meetings for each of these eight projects and continue the dialogue with the community about Parks Without Borders. Design on the eight showcase projects will wrap up by the end of 2017, and we look forward to unveiling these reimagined spaces to the public by early 2020. Beyond the eight showcase projects, we’re also incorporating Parks Without Borders design principles into existing capital projects when possible. While this approach won’t work on every site, we expect to impact hundreds of additional existing projects across the city in this fashion with this new design philosophy. Thus far, new Parks Without Borders designs have lowered or eliminated fences or expanded the park amenities to the adjacent sidewalks, plazas and temporarily closed streets to create a more seamless public realm experience. Parks Without Borders is nothing if not ambitious: We’re seeking to change the face of parks and public spaces across New York City. It’s a transformation so profound that it will not work without public buy-in, but through Parks Without Borders we were able to engage with New Yorkers exactly on why park design is important. NYC Parks articulated the power of design to meet a basic public need: access to quality open spaces. Through images and words, we communicated the idea that if something doesn’t look welcoming and accessible, fewer people will access it. If the public realm is not designed in a unified way, the result can be wasted spaces. If a park doesn’t look beautiful from the outside, it isn’t contributing as much as it can to the character of the neighborhood. Parks Without Borders will take a few years to be fully realized, but less than a year in, we are already seeing New Yorkers build closer relationships with their neighborhood parks and public spaces. We are already breathing new life into neighborhoods by creating more seamless and accessible parks and public spaces.

Parks & Recreation

Reflections on a Career

A conversation with Joe Turner, Director of the Houston Parks and Recreation Department By Tom Dellner

his month, Joe Turner retires from his position as director of the Houston Parks and Recreation Department, bringing to an end a storied career marked by thoughtful innovation, creativity and an irrepressible spirit, and guided by an unwavering belief that parks change lives. Turner’s career has been highlighted by accomplishments far too numerous to list, but which include the creation of the Playgrounds Without Limits program to provide playground accessibility for physically challenged children, the restoration of the historic Emancipation Park, the establishment of Re-Plant Houston in response to a withering drought, and the renovation of Shady Lane Park in partnership with NRPA’s Parks Build Community initiative.

Joe’s enthusiasm and dedication to parks and recreation is nothing short of extraordinary. On behalf of everyone at NRPA, I want to thank him for his time and contributions to the organization and field. — Barbara Tulipane, CAE, NRPA President and CEO I’ve known Joe and worked with him on park projects long before I became mayor. He’s worked for three mayors, stewarding and shaping Houston’s park system of over 37,800 acres — always with a limited budget. His ability to leverage partnerships, grants and conservancies to create an outstanding park system can be seen in projects all across the city. As mayor, I want to thank him for showing us what a public servant should be. We will miss him. — Mayor Sylvester Turner, City of Houston

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Turner’s impact on the lives of Houstonians will be felt for generations. And, because of his dedicated work as an NRPA board member and with numerous other park organizations, his positive influence extends far beyond Houston’s city limits. His work has elevated a profession. We caught up with Turner for a candid and wide-ranging conversation. Among other topics, he shared his career’s most rewarding moments and greatest challenges, offered some thoughtful guidance to aspiring park and recreation leaders and outlined his vision for the profession’s future. A portion of the interview appears below. To read the interview in its entirety, go online to www.nrpa. org/parks-recreation-magazine/2017/ march/reflections-on-a-career/. Parks & Recreation magazine: You began your career in business. How did you come to the field of parks and recreation? Joe Turner: I spent 30 years in the fastfood business, ultimately becoming a franchisee with four Burger King restaurants. As my kids grew up, it became clear that they didn’t want anything to do with the business, so we sold the restaurants and I began to look for something new, something that was different, but would let me use the management skills I had developed. I sent out some letters and Harris County Commissioner Jerry Eversole, who I knew, responded and asked me if I wanted to be a park administrator. I said ‘I don’t know. What does one do?’ I learned that the position really paralleled multi-unit management, so I took it. I enjoyed the work immensely. We worked hard to expand the system, acquiring land through a variety of partnership arrangements. The creative aspect of putting these deals together was appealing to me. We used to say, ‘Anybody can buy land; we figure out how to get it for free.’ In 2004, Houston Mayor Bill White contacted me to interview for the city’s

parks and recreation director position. What was to be a 30-minute interview turned into an hour-and-a-half-long conversation. I walked out and immediately called my wife, saying, ‘I hate to leave Jerry, but I am going to work for this man. I understand what he wants and this is going to be a great job.’ And I was right — it’s been a great run. P&R: You have done so much for the city of Houston. Which of your accomplishments are you the most proud of? Turner: Personally, I am very proud to have served under three mayors. They were very different, with their own personalities and philosophies, but each believed in Houston’s park system and worked diligently to help us fund it. As far as specific projects, I am very pleased to have played a role in restoring the historic building that is now our corporate offices at Gragg Park. It was the NASA Manned Spacecraft Center headquarters in the early 1960s. On September 12, 1962, President Kennedy prepared himself in this building for his famous speech at Rice University about the space program. We gutted the structure, put it back together and received National Landmark status and Gold LEED Certification on it at the same time. I am also very proud of the renovation of Emancipation Park, the oldest park in the city, dating back to 1872 when the land was purchased by four freed African-American slaves to celebrate the Emancipation Proclamation. We’re restoring the park’s historic buildings and creating a new recreation center, among other things. Finally, I would be remiss if I didn’t mention the renovation of Shady Lane Park with NRPA and its Parks Build Community initiative. It has been a wonderful success and perfectly illustrates how a park can completely revitalize a neighborhood.

park system, often in ways you don’t have to pay for, especially if you’re present at the front end of a project. Also, don’t be afraid to dig into legal contracts. Public-private partnerships are only as good as the contracts that create them. No matter how good your attorneys are, they aren’t park professionals — you need to tell them what you want a contract to accomplish, and then you have to carefully review it to make sure it is written as you instructed. Finally, you need to understand and always be mindful of this principle: neighborhood parks change lives. P&R: What do you envision for the future of parks and recreation? Are you optimistic? Turner: On one hand, the public — no matter the income level, no matter the demographic — has never placed a higher value on what our industry provides. But on the other hand, you have the challenge of funding, and I don’t see that getting easier any time soon. However, I am optimistic. I’m confident that the creative minds in our field will continue to come up with clever ways to get these projects done. If you mentioned public-private partnerships eight or nine years ago, nobody would have known what you were talking about. So we’ll evolve and we’ll get there. I have no doubt. Tom Dellner is a Freelance Writer, based in Dana Point, California.

P&R: During your long career, what have been the most significant or interesting changes you have witnessed in the field of parks and recreation? Turner: I think there’s been an increased appreciation and demand for green space, across demographics and across income levels. There’s also been a movement to use trail systems not only for transportation within our parks, but also as an alternative way to move people throughout our cities’ urban cores. Overarching all this is a growing realization that parkland needs to be more equitably distributed within our communities. P&R: What advice would you give to those who aspire to follow in your footsteps to assume a leadership position in parks and recreation? Turner: You need to have vision. You have to understand where you want to move a system, not just for yourself, but for those who will follow you, because parks are forever — or at least they should be. Speaking more pragmatically, forge relationships with developers. Those relationships can help you grow your

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Parks & Recreation

NRPA Update Wildlife Explorers: Connecting Kids to Nature

n November 2016, we launched Wildlife Explorers, NRPAâ&#x20AC;&#x2122;s turnkey initiative that connects kids to nature. To date, the online Wildlife Explorers curriculum (http://www. nrpa.org/our-work/partnerships/initiatives/wildlifeexplorers/) has been accessed by more than 1,000 agencies and community partners who plan to implement the program within parks to reach more than 23,000 children, nationally. To supplement the provided online resources, we conducted a live training webinar focused on best practices for creating environmental likeability through

park and recreation programming. Presenters included the Cornell Lab of Ornithology and the New Bedford Parks Recreation and Beaches, which received a grant from NRPA to implement the program this past fall. The recorded webinar is now available on our website (http://bit.ly/2lJBNR8). We held a drawing for a chance to win a Wildlife Explorers program pack, which includes printed copies of the curriculum and Wildlife Explorers supplies. New Orleans Recreation Development Commission was the winner of the drawing and will be implementing the program

in its out-of-school-time program. We are also pleased to announce the following four agencies as recipients of our spring Wildlife Explorers grant: Omaha Parks and Recreation (Omaha, Nebraska), City of Tukwila Parks and Recreation (Tukwila, Washington), Mooresville Parks & Recreation Department (Mooresville, North Carolina) and Augusta Recreation and Parks (Augusta, Georgia). These agencies were chosen from almost 90 applications and will implement the Wildlife Explorers program during spring and summer out-ofschool-time programming.

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Over the past 3 years, 1,250 park and recreation sites

have pledged to Commit to Health impacting

over 228,000 youth

85% of sites are serving fruits and vegetables at every meal

97%

95%

86%

are providing drinking water at no cost AND 82% prohibit full-calorie soda, sports drinks, or juice drinks

of sites are offering nutrition education that is evidence-based

97%

90%

of sites are ensuring of sites offer 30 minutes of physical activity takes physical activity in half-day place outdoors programs or 60 minutes of physical activity in full-day programs

limit digital device time

www.nrpa.org/CommitToHealth ÂŠ2017 National Recreation and Park Association

NRPA Update

Los Angeles Innovation Lab Tackles Homelessness By Heather Williams, MPS

ark and recreation leaders from across the country gathered in Los Angeles, January 25–27, to tackle one of the top social issues plaguing our society: homelessness. The three-day NRPA Innovation Lab, hosted by the City of Los Angeles Department of Recreation and Parks and sponsored by Greenfields Outdoor Fitness Equipment, was titled Homelessness and Parks and Recreation and provided participants with a grim view of the ongoing homeless crisis in Los Angeles. It also included a number of key takeaways from thought leaders across multiple fields and disciplines, including two individuals who were once homeless.

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Los Angeles’ elected City Attor- ney, Mike Feuer, kicked off the conversation on homelessness in parks by acknowledging the fact that “parks are the center of our communities.” He then mentioned how the city of Los Angeles is training its recreation staff to get more engaged with the homeless

community, which includes providing staff with the right resources to help the homeless. Barbara Romero, deputy mayor for the Mayor’s Office of Community Service, explained how the city is looking to increase park restroom hours, the number of park rangers on staff and the number of community centers that are open to the homeless during an emergency. Romero also highlighted the essential need to partner with nonprofit organizations to provide services to the homeless. The keynote speaker for the event was Nan Roman, president and CEO of the National Alliance to End Homelessness. Roman, who identifies parks and recreation as a key partner in solving homelessness, emphasized that homelessness is a

Attendees of the Los Angeles Innovation Lab on homelessness listen to Manuel Compito (left), a Skid Row resident and General Jeff Page (in white T-shirt), the “Mayor of Skid Row.” 48 Parks & Recreation

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“difficult problem, but it’s also a problem with a solution.” She believes the solution lies in getting people housed. She also mentioned that it “often takes a little work to get people interested in leaving” the streets, and “some people make a choice not to go to shelters,” so it’s important to offer them something they’ll like. She recommends low-barrier shelters and shelters that are open 24/7 as opposed to traditional shelters that have strict rules. As part of the lab, Jesus Aguirre, superintendent of the Seattle Department of Parks and Recreation, and Stephen Bentley, assistant director of the City of Raleigh Parks, Recreation and Cultural Resources, shared how their respective departments are helping to tackle this issue. Aguirre, who recognizes homelessness as “part of our reality,” says his department is “committed to being a part of the solution.” Specifically, he talked about how he envisions his department serving as a “navigation center” for providing services to the homeless. Bentley, who showcased the work his department is doing to help provide the homeless with a “dignified” place to eat and spend the night, explained how addressing the homeless crisis provided his department with a leadership opportunity, and brought the city and county closer together. Peter Lynn, executive director of the LA Homeless Services Authority, described homelessness as “the most visible face of misery in our culture.” He also pointed out that homelessness is “far too complex to approach individually.” Mark Casanova, executive director of Homeless Health Care Los Angeles, advises agencies not to reinvent the wheel and to work together with other departments and with like-minded partners to provide services to the homeless.

On the final day of the lab, attendees were joined by Vikki Vickers, community advocate and speaker from the Corps for Supportive Housing’s Speak Up! Program. Vickers, who shared her experience as a homeless person, described parks as the only place she felt safe. Speaking alongside Vickers was a fellow advocate, Kerri Bales, who had been homeless for 25 years. Bales, who described herself as “once a part of the problem, now a part of the solution,” emphasized that housing is important and urged participants not to ignore the homeless. “If you see someone out there, don’t pass them by,” she says. Typically, park and recreation agencies showcase their best parks during an NRPA Innovation Lab. This lab was different. During a tour of Skid Row, the infamous homeless capital of America, participants witnessed large groups of homeless people lining the streets with their tents, shopping carts and personal belongings. When the group visited Gladys Park, they were greeted by the “Mayor of Skid Row,” General Jeff Page, who founded the community’s positive movement, which focuses on helping manage and program the park while bringing new opportunities to the residents of Skid Row. The tour of Gladys Park also included a brief presentation by employees at Lava Mae, a company that provides free hot showers to the homeless living in Los Angeles and San Francisco. A consistent theme throughout the Innovation Lab discussions was the tension between wanting to offer a humane response to individuals experiencing homelessness in parks while staying true to the parks and recreation mission. Some agencies believe that it’s up to them to find the solutions. However, as Michael Shull, general manager of the City of Los Angeles Department of Recreation and Parks, points out, it takes “every single department, every single leader” to address homelessness.

To view the presentations and materials from the Los Angeles Innovation Lab, visit www.nrpa.org/events/innovation-labs/innovation-labs-los-angeles-california/.

NRPA wants to know how your agency is addressing homelessness. Submit your story to Kevin O’Hara at kohara@nrpa.org. Heather R. Williams, MPS, is NRPA’s Senior Manager of Public Relations (hwilliams@nrpa.org).

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Parks & Recreation

NRPA Update

Terry Hershey: ‘A Force of Nature for Nature’ By Sonia Myrick

erese T. “Terry” Hershey, considered the “environmental godmother of Houston,” died Thursday, January 19, 2017, on her 94th birthday. Hershey, who was born in Fort Worth, graduated from the University of Texas in 1943 with a degree in philosophy and married Jacob W. Hershey, a CEO of American Commercial Barge Lines in 1958. Hershey and her husband made their home in Houston, Texas, along the Buffalo Bayou in the mid-1960s, and it was there that her passion for conservation was ignited after she witnessed the denuding of the banks of the Bayou by the Army Corps of Engineers. This was being done in preparation for rerouting the course of the river before lining its banks with cement. Hershey became an active member of the Buffalo Bayou Preservation Asso-

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ciation and began mobilizing neighbors and the community to bring attention to this issue. She also enlisted the help of her newly elected congressman, George H.W. Bush, who invited her at the beginning of his first term to testify about this issue before Congress. Her campaign to halt the destruction of Buffalo Bayou culminated in 1971 with the passage of the National Environmental Policy Act, which required the Army Corps of Engineers to get public input and prepare environmental impact statements for major projects. For her indefatigable efforts and persuasive style, Bush described her as a “force of nature for nature.” Following her Buffalo Bayou achievement, Hershey founded a number of organizations dedicated to conservation and environmental protection, including Citizens Who Care, the Citizens Environmental Coalition, Urban Harvest, Park People, the Jacob and Terese Hershey Foundation and the Lady Bird Johnson Wildflower Center, which she started with her friend Mrs. Lyndon B. Johnson. In 1991, Texas Governor Ann Richards appointed her to the Texas Parks and “Wildlife Commission: the second woman appointed to that body. Hershey was also instrumental in launching Texas’ conservation easement movement, whereby private landowners agreed to limited use of their land to protect its conservation value. In addition, she was involved with a number of national organizations, including serving as an NRPA trustee. “Terry was one of a kind, a true maverick,” says Lois Finkelman, chairman of NRPA’s Board of Directors from 2007 to 2010. “She was a wonderful person and natural leader when it came to conservation and parks. She moved in very elite circles and had the ear of people of influence and power, but you never would have known that talking to her — she was so down to earth. Her influence on conservation was national in scope. She made opportunities for conservation where none existed, and she truly loved parks.” Hershey had a passion for wildlife and was known to never leave a restaurant without a doggy bag of uneaten bread to share with her backyard birds. For her dedication to the environment, she received numerous awards, including the Chevron Conservation Award and the Cornelius Amory Pugsley Medal. In 2015, the Terry Hershey Women in Conservation Awards was established in her honor by Audubon Texas. Her indomitable, yet humble spirit will be sorely missed. — Sonia Myrick, Managing Editor of Parks & Recreation magazine

Member Spotlight: M. Jean Keller By Vitisia Paynich

ith nearly 35 years in higher education, M. Jean Keller has seen a lot of changes take place in parks and recreation. Not just in the types of health and wellness programs, but in the demographic makeup of communities around the country. Keller earned her bachelor’s degree in recreation, with a focus in therapeutic recreation, at Florida State University and went on to earn a doctorate from the University of Georgia. Today, she is a professor in the Department of Kinesiology, Health Promotion and Recreation at the University of North Texas. Parks & Recreation magazine recently talked to Keller about the myths, current trends and important factors to consider before creating health and wellness programs. Parks & Recreation: When it comes to health and wellness, what are some of the misconceptions that exist? M. Jean Keller: Sometimes, our constituents and community members think that parks and recreation is just about sports and games rather than offering health and wellness programs developed from evidence-based practices. I hope some of those notions are changing, as we have more services for highly diverse populations — from young adults to middle-aged adults and seniors. When we look at older adults, however, there are so many age variations along with race, ethnicity, social class and abilities within that population. For example, somebody who’s 55 and in perfectly good health might be retired and living in the community and wants health and wellness services, while another who’s the same age might be in poor health and needs those same services.

P&R: Before creating health and wellness programs, what should park and rec professionals take into consideration? Keller: We need to do our due diligence on what are sound and more evidence-based research programs related to health and wellness. We need to engage community members and learn their needs and interests and discover what programs have desired outcomes. I’m a big believer in collaboration, so, if there are health and wellness programs that already exist in the community, like with a hospital or with nonprofits, look for opportunities in ways to partner rather than trying to compete. We’re seeing some sound trends within some of the communities through collective impact. Why not leverage these opportunities? — Vitisia Paynich, Freelance Writer for Parks & Recreation magazine

P&R: What key trends are you seeing in this area in 2017? Keller: My hope is park and recreational professionals will continue the trend to focus on the whole person related to health and wellness in programs, services and facilities. For instance, people frequently base their perceptions of health on a single measure such as weight. Our educational efforts with programs may help people to understand that it’s not just about weight. It’s changing that perception so that they realize it’s more about the whole sense of wellbeing and fitness, which includes physical, social, emotional and cognitive aspects. One key trend I hope to see more of in 2017 is serving all people in our communities. In addition to age diversity in communities, we’re seeing more racial, ethnic and gender diversity. Thus, it’s important to identify many different needs within the community population so programs and services can be designed around them.

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Parks & Recreation

©Miles Mellor

Parks & Recreation Crossword

Across 1 Park facilities for kids 8 “Now __ seen everything!” 10 Street connector, for short 11 Improves to ensure the best use 13 Off-roader’s wheels 15 Fundraising get-together, for example 16 Golden years fund, 2 words 18 Liking 19 Tennis court essential 21 Color of many sunsets 24 The, in French 25 America’s uncle 27 Major resource needed for operating a golf course 28 Lessons provided by many parks 30 “The Natural State” - for short 31 Sound perception 32 The D in the DB pension plan 34 Provide an equal donation to one made by somone else 36 Tint of color 37 Effective fundraising channel for parks, 2 words 38 Dallas locale, abbr.

Down 1 Strategic _____ 2 Spaces 3 Small group of trees 4 Choose 5 What park officials wear, 2 words 6 Dimensions 7 Secured by law, as in a pension when due 9 Outlet in an AC system 12 Shrubby plant, common in marshy areas 14 Total, for short 17 Purpose 20 Chamomile, for one 21 Sea-related 22 Within view 23 Salon offering 25 Mowed path 26 Tiny distance measurement, for short 28 Area for surfing 29 Checked the identity of, abbr. 30 Role in Haydn’s “The Creation” 33 Pine or Douglas- tree category 34 ___ tai 35 Like some bolts

Check the answers to the crossword at www.nrpa.org/crossword. As an added bonus for completing the crossword, you can enter a drawing to win a free Wildlife Explorers prize pack when you check your answers. A winner will be randomly selected and notified March 31, 2017. 52 Parks & Recreation

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NRPA Update

Hot Topics

It may be March Madness, but you don’t have to go mad finding answers to your questions. Visit NRPA Connect for the inspiration and answers you need! Discussions happening on Connect include: Marketing Plan for Active Older Adults — Professionals share their communication plans for marketing their programs to active older adults. Archery — Katniss Everdeen made this sport popular again and the trend has not gone away. This thread discusses starting an archery program, lessons plans and recruiting instructors. Recreation Facility Build Costs — There is no better place to research costs than Connect. Your colleagues are looking for anyone who has a recreation/community center, constructed prior to 2012, that does not include aquatic facilities and that offer two to four basketball courts, program space/classrooms, a kitchen, office space for staff, fitness center/space and more. Mud Runs — Mud runs are becoming more popular every year. Does your agency host an event like this? What are the race liability and ecological issues you’ve encountered? Chime in to help other agency’s succeed in hosting these fun events. Need help accessing NRPA Connect? Contact us by email at customerservice@nrpa.org or by phone at 800.626.6772.

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It’s Background Screening Season As you recruit volunteers this season, it’s important to keep the children and community members they will be working with safe by performing quality background screenings. That’s why NRPA has partnered with the Background Investigation Bureau (BIB). BIB recommends a professional-grade screen, which includes the following five steps, to obtain a reliable background screening: Why It’s Important

Step

What Is It?

1. Address History Trace (AHT)

This report reveals various names, DOBs and addresses associated with a specific Social Security Number.

An AHT creates a profile of an individual’s residence history.

This profile determines what jurisdictions should be searched and doesn’t depend on an applicant to divulge prior addresses.

Outcome

2. County Searches

Based on the profile created by the AHT, each jurisdiction/county identified should be searched.

County courts are considered the official court of record because most cases are filed and maintained here.

Research supports that most crimes are committed in the county of residence of the perpetrator.

3. Criminal Record Database (aka a national database)

This is a database search of more than 450 unique criminal records regularly collected from thousands of sources.

Databases are a great supplement to a search, helping cast a wider net.

All hits from a database should be verified at the court of record.

4. Sex Offender Registry

This should be a comprehensive, real-time search of all available sex offender registries.

Because searching all registries in real time provides maximum protection from sex offenders gaining access to your organization.

5. AKAs (also known as)

These can include maiden names, nicknames or aliases.

Everyone doesn’t always use the same name!

Having as many possible names to search increase your chances of finding records that may have otherwise been missed.

Want to learn more? BIB will be hosting a webinar on March 16, at 2 p.m. ET. Go to https://learning.nrpa.org/webinars to register. Questions? Visit http://www.nrpa.org/BIB/ or contact Hayley Herzing at hherzing@nrpa.org.

NRPA is dedicated to providing learning opportunities to advance the development of best practices and resources that make parks and recreation indispensable elements of American communities. Find out more at www.nrpa.org/education.

SCHOOLS AND CONFERENCES INTRODUCING OUR BRAND NEW, ONLINE LEARNING PORTAL NRPA is excited to announce the launch of our brand new online learning portal. This upgrade to a more user-friendly site allows us to deliver the most up-to-date learning opportunities in the industry. Currently, over 100 products are available and the catalog will continue to grow as we add new content regularly. There are subject matter and relevant online learning opportunities for individuals at all levels in the park and rec field. In todayâ&#x20AC;&#x2122;s ever-changing world, online learning is a costeffective and flexible way to educate staff, provide training and earn Continuing Education Units (CEUs) without leaving the comfort of your home or office. Investing in yourself and your career is the ultimate long-term investment. Get started today at https://learning.nrpa.org/.

August 27-September 1, 2017

September 26-28, 2017 New Orleans, Louisiana

www.nrpa.org/education

Wilmington, Delaware Little Rock, Arkansas Seattle, Washington Tuscaloosa, Alabama Auburn, Alabama Canton, Michigan Westerville, Ohio Tullahoma, Tennessee Derby, Kansas Ashburn, Virginia Christiansburg, Virginia Margate, Florida Cheney, Washington Anaheim, California

5-6 25-26 25-26 26-27

Wilmington, Delaware Sacramento, California Sioux Falls, South Dakota Lawrence, Kansas

www.nrpa.org/AFO

MAR

1-2 2-3 6-7 7-8 9-10 9-10 9-10 14-15 15-16 15-16 21-22 23-24 29-31 30-31

1-3 6-8 8-10 8-10 14-16 14-16 15-17 22-24 28-30 28-30 29-31

Ashburn, Virginia Overland Park, Kansas Noblesville, Indiana Roseville, Minnesota Phoenix, Arizona Bismarck, North Dakota Denver, Colorado Winter Park, Florida St. Charles, Missouri Auburn, Washington Newport News, Virginia

APR

MAR APR

March 12-17, 2017

CPSI PROGRAM

AFO PROGRAM

All NRPA Schools are held at Oglebay Resort in Wheeling, West Virginia, unless otherwise noted.

4-6 4-6 4-6 12-14 18-20 18-20 19-21 25-27

East Hartford, Connecticut South Burlington, Vermont Sioux Falls, South Dakota Post Falls, Idaho Lakewood, California Troy, Michigan Cincinnati, Ohio TBD, Illinois

www.nrpa.org/CPSI

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Parks & Recreation

Operations Multipurpose Pools By Dennis Berkshire, AFO-I

he days of the old rectilinear neighborhood pool have given way to the modern aquatic center. This is due in part to the need to generate revenue to offset operating expenses and to meet the publicâ&#x20AC;&#x2122;s demand for specialized programs and services. As we look to the built environment to support these programs, we have seen the evolution of the multipurpose swimming pool, designed and built to provide the special needs for a variety of programs and uses, including: Swimming Area

Recreation Areas

Specialized Use Areas

Lap/Competition lanes, Diving wells

Water slides, Climbing walls

Lazy rivers, Lilly pad zones

Wading pools

Water basketball

Zip line zones

To meet the specific needs of each program, a pool requires different water depths, water temperatures and pool profiles. In some cases, we may choose to have multiple separate pools to meet the demand of these different aquatic activities. However, because of the code-required pool decks surrounding each pool and the need for spectator areas and paths of travel, multiple separate pools require more area than a single multipurpose pool. The cost savings from developing a smaller, multiuse pool area is especially magnified in a natatorium where the cost per square foot is much higher. Multiple pools also require a larger mechanical space to house the code-required independent filter and mechanical systems for each pool. The cost savings from these two combined often make a multipurpose pool the best choice for a new or renovated aquatic center. It is important to keep in mind that multipurpose pools can create conditions that require special attention as the varied programs can put extra loads on the pools, systems, staff and patrons. Areas that often require special attention include: Water Quality

Spectator & Seating Areas

Air Quality

Wayfaring (i.e., traveling on foot)

Paths of Travel Staffing

56 Parks & Recreation

Most state health codes require a public swimming pool to have a 65hour turnover rate; wading pools have a one-hour turnover requirement. So, how do you manage a pool that has both areas in a single multipurpose pool? Most state codes do not give direction on how to handle this. One approach is to calculate the pool volume in the various pool areas and then add the flow rates of each area to find a total flow rate for a multipurpose pool. The chemical feed and control system also must be upsized to accommodate these heavy organic loads. Automated feed systems and controllers are recommended for pools with high organic loads, to control chloramines and other undesirable byproducts. Also, supplemental disinfectants, such as an ultraviolet, disinfection system, can help provide better water quality. For indoor air quality, the ASHRAE standards call for four to six air changes per hour for a natatorium. A multipurpose pool, however, will require a minimum of six to eight air changes per hour to maintain high, indoor air quality. Indoor multipurpose pools may have a greater propensity for chloramine formation, which can require the

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air handling system to have a higher than normal air change rate. Furthermore, the air handling system needs to have a purge setting to exhaust the entire volume of natatorium air to clear chloramines or other air pollutants. The greater loads of air pollutants close to the deck make it important to have the suction taken from this area. As an added layer of air quality, high-volume fans can be installed in the ceiling above the pool surface. ADA-compliant access to a multipurpose pool can be a little tricky. ADA regulations require every pool to have a means of ADA-compliant access, and pools with 300 perimeter feet or larger are required to have two means of ADA access. Think about the different zones of the pool and how patrons needing ADA-complaint devices can access these zones. To help patrons and limit staff required to operate the facility, good signage and foot traffic paths should be provided. Multipurpose pools with waterpark-type features, such as slides and current channels, should also use a safety consultant to help with establishing the quantity and location of guards. This staffing plan should be addressed during the design of the pool as it will affect the staffing costs. In conclusion, a multipurpose pool can be configured to meet the specialized needs of your entire community. The pool usage and loads can be much greater than a rectangular pool, but with proper planning, maintenance and operation, it can be a community asset for generations to come. Dennis Berkshire, AFO-I, is President of the Aquatic Design Group (dberkshire@ aquaticdesigngroup.com).

Products SoftSide Diving Board Safety Pad System

ADA Portable Lift

SoftSide, the new Diving Board Safety Pad System manufactured by RenoSys, is designed to protect patrons from dive stand or water playground falls of heights up to 12 feet. Custom manufactured in the USA of durable, colorfast, watertight, slip resistant, pool-compatible PVC and proprietary foam materials, the new safety padding system is a durable, low maintenance and permanent method of making dive areas and water playgrounds safer for pool patrons. RENOSYS, 800.783.7005, WWW.RENOSYS.COM

Spectrum Aquatics new ADA Portable Motion Trek BP 300 Lift is built for durability and is easy to use. The lift is mounted on wheels and can easily be moved from pool to pool and stored when not in use. It is freestanding and features a lockdown kit, to fasten to the deck. The lift offers a slightly slower rotation, giving the user more controlled and comfortable movement from the deck to water. Based on user feedback, the new armrest system stays attached to the lift and swings out of the way below the seat to allow the user to transfer to the lift with ease. SPECTRUM AQUATICS, 406.535.6352, WWW. SPECTRUMAQUATICS.COM

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Win a $20,000 Grant for Your Local Parks

Coming This April You could win $20,000 for your local parks by rallying your community to nominate your city each day in April for the Meet Me at the Park contest. The more nominations, the closer your community gets to a makeover!

Plus, you could win a tablet just for voting.

Visit NRPA.org/BeInspired to learn more about how to get involved.

NRPA would like to thank Disney, ABC and ESPN for their continued support of local parks through the Meet Me at the Park initiative.

nrpa.org/BeInspired

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W W W. PA R K S A N D R E C R E AT I O N . O R G | M A R C H 2 0 1 7 |

Parks & Recreation

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advertiser index

Aquatix by Landscape Structures..........................................................29 BCI Burke .......................................................................................................21 Bright Ideas Shops, LLC.............................................................................58 Cre8Play..........................................................................................................15 Dogipot...........................................................................................................12 Doty & Sons...................................................................................................60 Easi-Set Buildings........................................................................................60 Fountain People/Water Odyssey...........................................................31 Go Ape.............................................................................................................60 Gothic Arch....................................................................................................61 Greenfields Outdoor Fitness................................................................. 2-3 Gyms for Dogs/Livin the Dog Life.........................................................61 Jacobsen/Textron........................................................................................17 Jayhawk Plastics Inc. ..................................................................................61 John Deere.................................................................................................... C3 KayPark Recreation ....................................................................................61 Landscape Structures Inc.........................................................................11 Mateflex..........................................................................................................33 MLB...................................................................................................................53 Most Dependable Fountains.................................................................. C2 Murdock Mfg.................................................................................................13

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(ISSN 0031-2215) is published monthly by the National Recreation and Park Association, 22377 Belmont Ridge Rd., Ashburn, VA 20148, a service organization supported by membership dues and voluntary contributions. Copyright ©2017 by the National Recreation and Park Association. Reproduction in whole or in part without permission is prohibited. Opinions expressed in signed articles are those of the writers and not necessarily those of NRPA. Issued to members at the annual subscription price of $30, included in dues. Subscription: $46 a year in the U.S.; $56 elsewhere. Single copy price: $7. Library rate: $58 a year in the U.S.; $68 elsewhere. Periodical postage paid at Ashburn, Virginia, and at additional mailing offices. Editorial and advertising offices at 22377 Belmont Ridge Rd., Ashburn, VA 20148. 703.858.0784. Postmaster, send address changes to Parks & Recreation, 22377 Belmont Ridge Rd., Ashburn, VA 20148.

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W W W. PA R K S A N D R E C R E AT I O N . O R G | M A R C H 2 0 1 7 |

Parks & Recreation

Park Bench

Who’s on First? In May 2016, 240 residents of Cullman, Alabama, gathered for dinner on First Street — literally in the center of the street. Under a canopy of twinkling lights, they sat down at a 300-foot-long table to enjoy a catered meal provided by a local restaurant. “There is nothing quite like sharing a meal with 240 of your neighbors to foster a sense of community,” says Rusty Turner, chairman of the Park Board. This, the inaugural “Dinner on First” event, was the brainchild of the Cullman City Parks and Recreation, and it was a sold-out success. The city of Cullman wholeheartedly embraced this innovative approach to raising funds to help build a park on the west side of town. Each ticket sold for $100, and the $20,000 raised will augment funds already set aside by the Cullman Parks and Recreation Foundation. The park, to be named “The Connected Park,” will be dedicated to all children of every ability and need. Along with a fine meal, the event also included the conferring of an award dedicated to those who are committed to local parks and recreation. It is named in honor of Cullman native Chester Freeman, whose life was dedicated to the building of the city’s Heritage Park. Cullman Mayor, Woody Jacobs, is the first recipient of this award in recognition of his commitment to and engagement on parks. Dinner on First garnered for Cullman Parks and Recreation the “Innovative Program or Event of the Year” award from the Alabama Recreation and Parks Association. This was one of the many awards earned by Cullman City Parks and Recreation and highlights a successful year for the department. Dinner on First was not only a rousing innovative success, but is also a community event that has people already trying to obtain tickets for the second annual event to be held May 20, 2017. — Daniel Sanford, NRPA’s Administrative Assistant to the CFO

64 Parks & Recreation

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Photo courtesy of Leslie Dyar of Soulful Snaps!

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PARKS&RECREATION MARCH 2017 ◆ PARK PLANNING ◆ BORDERLESS PARKS ◆ AQUATIC CENTERS