Policeman's View on Skatepark Creation

Several months ago the Windham Police Department, in conjunction with the Windham Recreation Department applied for a grant from the Juvenile Justice Advisory Group. The intent of the grant was to develop programming to reduce the juvenile crime and recidivism rates. Our original proposal included the expansion of the Dare to Adventure program and the development of a Skate Park/Teen center. The request was for just over $58,000. We were awarded $13,030.00 and told that we should move forth with the Skate Park. Several "roadblocks" were encountered through our research. The major issue involved the inherent liability associated with a skate park. Further research revealed that juveniles interest lie in activities that are inherently risky. We also discovered that within the Town of Windham there were few if any, positive risk activities for the juvenile population. Directly related to this are the juvenile crime and recidivism rates. Juveniles will partake in negative risk situations if there are no positive risk situations readily available. The opposite of this has also proven true. We moved forth with what we knew,

1. The juvenile population wanted a skate park, and a place to "hang around"

2. The majority of juvenile arrests were for kids hanging around and skating in North Windham.

We based our belief on the old adage " Idle hands are the devils tools."

Researching the liabilities involved with a skate park took enormous effort. We knew that we wanted all bases covered, so calls were placed to several attorneys. Speaking with James Katsiaficas of the Maine Municipal Association proved very helpful. He told us that several other towns with Skate Parks were relying on the Maine Tort Claims Law, specifically the section covering Outdoor Recreational Facilities.

The law states that

a governmental entity is liable for its negligent acts or omissions in the constructions, operation or maintenance of any public building or the appurtenances to any public building. Notwithstanding this subsection, a governmental entity is not liable for any claim which results from: ... Land, buildings, structures, facilities or equipment designed for use primarily by the public in connection with public outdoor recreation.

This quote declares the town's immunity from liability. Several calls were made to Portland, Kennebunk, and Freeport inquiring how they were handling their skate parks. We were told the same. We also obtained copies of letters from their various attorneys. Several other calls were made to the town's insurance carrier, Clark Associates, and were told by them that we should rely on the Tort Claims Law.

Our second "roadblock" was a location. Several brainstorming sessions were held and several different locations were discussed. Our original location was at Manchester School. Our original thought was that the park should be in North Windham because this is where the kids wanted to be. We later discovered that it did not matter where the park was located, the kids would come. We knew that we wanted the park open until midnight, and that we wanted music to be playing. My fear at Manchester School was that the park would be to near a residential neighborhood and the noise would be bothersome. I also felt that the park would be too secluded and hidden, thus creating an atmosphere for mischief. Because of these factors it was decided that the Manchester site would not be a good idea.

I later had an opportunity to speak with Brett Walters, manager of the Windham Wal-Mart. I had discussed the Skate Park with him and an offer was made to place the park in their recently constructed parking lot to the front of the store. This particular site would be perfect, it was not near a neighborhood, it was well lit, it was in a very high profile area, and it was well suited for skating. Through further discussions with Walters, liability became the issue once again. It was discovered that although the town is immune from liability, Wal-Mart could be subject to it in the event of a claim. Wal-Mart decided that they were not willing to take this risk. At this point it was decided that the park had to be on town property. Further discussions were held and it was decided that the park would be located at the high school. Unfortunately the park would need to be relocated before school re-opened for the fall semester because of their already present lack of parking space. The grant period is designated as June 1,1999 through September 30, 1999. Because of this designation it was decided that the high school location would be appropriate. This location would serve as an opportunity to study the skate park idea and see if it was worth the investment. Thus far the park has been an overwhelming success.

Construction of the Skate Park began in early July. Josh Benson, an experienced skate park builder was hired to complete the job. Materials were purchased and construction began. The park opened on July 22, 1999. It was appropriate to have the Skate Park supervised 7 days a week from the hours of 2pm through midnight. Lynn Morrell came from the recreation department to handle this task. Josh Benson was also hired to work opposite of Lynn. To date we have accumulated 2135 signatures from participants and spectators at the park. Response and attitudes from the kids have been very positive. They have kept the park clean, are careful with foul language and are very respectful to the park and its staff. The Windham Police department's concessions trailer has been brought to the site and serves as an office and "snack shack" for the participants. Proceeds from the trailer are being retained for the Dare to Adventure, and D.A.R.E. programs. Daily records on attendance are being kept, as are random surveys of the participants. Indeed there have been on average 50-100 kids using the park daily. Several kids are using the park before 2pm therefore we are unable to collect their signatures to keep more accurate attendance records. Through conversations with patrol sergeants and officers I have been told that since the park has been open, juvenile foot traffic in North Windham has been virtually non-existent. They have also relayed to me how impressed they have been with the kids behavior at the park. There was one police response to the park to remove a juvenile from another town, who was causing problems. The rescue has responded once and did not transport the juvenile because the injuries were very minor.

Plans were made to purchase a material called Skate-Lite. This is a material used to ensure the longevity and safety of the Skateboarding equipment. The majority of the towns that have skate parks have found this material to be a necessity. It was applied to the ramps before the park closed in August. Later more Skate Lite was purchased to complete the covering of the ramps.

Because of the incredible response of the juveniles to the park we found ourselves in a predicament. The park needed to be removed from its site by August 30th and it had no permanent site to be relocated to. The park needed to become a permanent fixture in the Town of Windham.

Several ideas have been mentioned through different discussions with both the participants of the park, parents and town employees. The general consensus of the kids is that they will continue to use the park if a new site is found. They mentioned building a "half pipe" as an additional piece of equipment. This was part of the original park design but was cut because of monetary limitations. Since the closing of the park in late August there has been a concerted effort by several people in town to find a permanent home for the park. Town Manager Tony Plant, Chief Richard Lewsen, Lynn Morrell, Mark Robinson, Ed Woodbury, Bill Tracy , Don Parker, and I pooled together our knowledge and ability to find a suitable town owned piece of property for the new park site per direction of the Town Council. Several different parcels of town owned land were investigated. We found that the town did not currently have a location that was already paved which would be large enough for the park. A site of 12,500 square feet of paved area would be ideal. There were several areas, which would be large enough, but would require paving and the installation of lighting. Most of the properties abut neighborhoods and the noise from the park would become an issue. Depending on which site was chosen, the purchase of asphalt, lighting, and lumber would become a necessity. There are no more funds currently available from the grant.

Through our research it was decided that the parcel of land adjacent to the Public Safety building was ideal for the park. It was highly visible, it was in close proximity to the schools, it did not require cutting down trees, it was near the police and rescue departments and it was not near a residential area where the inherent noise would be disturbing.

On 09-14-99 the Town Council voted to approve the appropriation of $15,000 to be used for the construction of a permanent skate park. The council remarked on how positive the park is and how the kids have enjoyed it. The current plan is to co-ordinate both the volunteered services and purchased services and materials and attempt to have the park open early this fall. I invite you to ride by and see our progress.

Currently I am making plans to add a "half pipe" to the park once we have opened. This will be done with raised funds. The Windham Police Association has donated $1000.00 to the park to be used for the construction of this piece of equipment. A half pipe is not inexpensive. It will cost close to $4000.00 to build.

This park is a win/win opportunity. The kids want a place to skate, spend their time, and call their own. The business community understandably does not want the kids doing these activities on their property. Parents want their children to participate in fun, safe, positive activities that keep them out of trouble. The police department has encouraged these kids to find a positive activity so that we won't always deal with them in a negative manner. This skate park has taken steps to provide such a place. It gives those children who are not into organized sports or activities, an activity to participate in. As was appropriate this past summer the park will continue to have a "Zero Tolerance" policy. Attendants who arrive intoxicated will be asked to leave. Park hours will be from 7am through 12pm. There will be no "tagging" of the equipment. All applicable laws will be expected to be followed. Not following these few rules will result in expulsion from the park.

When the idea of building this skate park came up, I have to admit that I was a bit apprehensive. As a police officer I had dealt with several of the "skaters" under negative circumstances. I was not sure that they would respect and take care of a park if one was built. Throughout the summer term of the Skate Park the kids were very respectful. I am not aware of any circumstances where a kid came to the park intoxicated. The majority of the kids did not do any damage. There were a total of 6 participants at the park that caused problems and they were promptly dealt with. I can safely say that over 2000 participants came and had fun skating, rollerblading, biking, socializing, and simply had fun. When we are open for business once again, you are all welcome to come to the park, use the equipment or just simply watch the kids who may not otherwise have an activity in Windham to participate in, amaze you with their imagination and athletic ability.

In reflecting back to the juvenile statistics that I compiled for the period the park, was open and compared them to the numbers of the previous two years, I did see a significant drop in the number of arrests while the park was open. Attached are several charts and spreadsheets, which illustrate my findings. You will see that there was a 40% drop in the number of arrests from 1998-1999. Also of note the number of drug related arrests dropped by 75% and the number of burglaries by 20%. The number of thefts dropped by 46%. Saying that this is attributed to the skatepark would be speculative. I can say that during 1998 and 1997 the park did not exist and that the population that uses the park is the same population that was committing the crimes during those two years. This leads directly back to the comment made earlier in this report; Idle hands are the devils tools.

I believe that by opening the park we showed the kids that the town cares about them, we gave them something interesting, fun, and exciting to do other than committing crimes.

Matthew A. Cyr
Community Services Officer