Loading...
HomeMy WebLinkAboutPLN 30-21Report to Executive Committee Report Number: PLN 30-21 Date: June 7, 2021 From: Kyle Bentley Director, City Development & CBO Subject: Local Enhancement and Appreciation of Forests (LEAF) Organization’s Tree Planting Program Update -File: D-7300 Recommendation: 1.That Report PLN 30-21 of the Director, City Development & CBO, on the update of theLocal Enhancement and Appreciation of Forests (LEAF) Organization’s Tree PlantingProgram, be received; 2.That the Mayor and City Clerk be authorized to execute a 4-year joint agreement between the Region of Durham, the Local Enhancement and Appreciation of Forests(LEAF) organization and participating municipalities to deliver the tree planting programfrom July 1, 2021 to June 30, 2025, as set out in Attachment #1 of this report, subject tominor revisions with terms and conditions satisfactory to staff from a legal services andinsurance perspective; 3.That the appropriate City staff be directed to take the necessary actions as indicated inthis report; and 4.That staff be directed to report back with a summary of the results, and if successful,consider continuing the program in subsequent years pending budget approval. Executive Summary: Local Enhancement and Appreciation of Forests (LEAF) is a non-profit organization, dedicated to the protection and enhancement of the urban forest. They offer programs that help subsidize residents’ planting and caring for trees. In July of 2020, LEAF partnered with municipalities across Durham Region, including the City of Pickering, Town of Whitby, City of Oshawa, and the Township of Scugog, to successfully complete a pilot LEAF Backyard Tree Planting Program. LEAF’s Tree Planting Program offered residents a convenient, accessible, and affordable way to obtain new trees and shrubs for their yard. Homeowners were able to purchase native trees and shrubs at a subsidized cost, thereby reducing barriers to participation and enhancing the city’s overall urban tree canopy. In June 2020, Council authorized the execution of an agreement between the City of Pickering, LEAF, Region of Durham, City of Oshawa, Town of Whitby and Township of Scugog to participate in a pilot tree planting program for a year. The original planting goal for the inaugural year was to work with 40 Pickering families to plant a minimum of 40 large caliper native trees. The deciduous trees were 5 to 8 feet in height and the evergreens were 2 to 4 feet. Tree pots Report PLN 30-21 June 7, 2021 Subject: LEAF Tree Planting Program Update Page 2 ranged from 7 to 15 gallon depending on the species. Shrubs were available for properties that could not accommodate a tree (3 shrubs equal 1 tree). Due to demand, the tree planting goal was increased to 50 trees. The additional trees were funded through the Region of Durham and LEAF’s Ontario Trillium Foundation grant. The goal for Pickering was reached by planting 43 large caliper trees and 27 shrubs, while working with 33 property owners to raise awareness about the benefits of trees and how to properly maintain them. Of those, 27 trees and 19 shrubs were planted in the fall of 2020 and the remaining 16 trees and 8 shrubs are being planted in the spring of 2021. Based on the success of the program, staff have completed the background work necessary for Council to enter into a 4-year partnership agreement for the LEAF Backyard Tree Planting Program with the Region of Durham and surrounding municipalities (see Attachment #1). Annual participation will be contingent on budget approval, as well as the continued successful program delivery and sustained community demand. As indicated in the draft agreement, participating municipalities have the opportunity to opt-out of the program with 3 months’ notice. The partnership Agreement set out in Attachment #1 of this Report was reviewed by staff in City Development, Legal Services, and Finance from an insurance coverage perspective. It is recommended Council authorize the Mayor and City Clerk to enter into this agreement to renew this partnership. Financial Implications: $15,000.00 for the LEAF Tree Planting program was included under Consulting and Professional account 2620.2392.0000 of the approved 2021 Current Budget. No additional financial resources will be required for this year. Pickering, Whitby, Oshawa and Ajax are each investing $15,000.00 and Scugog is contributing $8,000.00 for a lower participation level. The Region of Durham staff identified $80,000 in their 2021 budget to offset the balance of the cost. Discussion: The Tree Planting Program complements the City of Pickering’s sustainability and community planting efforts, represents an effective local measure to support the Climate Change Emergency Declaration, and aligns with actions outlined in the Durham Community Climate Change Local Action Plan that was endorsed by Pickering Council. The program also supports the goals outlined in the Pickering Official Plan Policy 10.15 regarding urban forests and their importance to maintaining a healthy ecosystem, managing stormwater, providing wildlife habitat and community aesthetics, reducing the urban heat island effect, and improving air quality. Resident Feedback According to post-planting satisfaction surveys conducted by LEAF, Pickering residents reported an overall positive experience with the program. Residents indicated the LEAF tree planting program provided the encouragement to plant more trees and shrubs in their yard, which would not have been considered otherwise. As well, the program was found to be an educational experience for residents, while helping them to identify ideal species for their yard. Overall, participants enjoyed the incentives of the program, including the arborist consultation and subsidized tree/shrub prices. Report PLN 30-21 June 7, 2021 Subject: LEAF Tree Planting Program Update Page 3 Next Steps for the Backyard Tree Planting Program Pending Council approval, the City of Pickering will partner with LEAF, the Region of Durham and participating Durham municipalities to continue to offer the LEAF program through 2021-2025. Program delivery will continue to comply with current COVID-19 regulations and recommendations. Similar to 2020, the goal for the second year of this program is to plant a minimum of 40 large caliper trees in Pickering and engage with property owners to educate them about tree care and the benefits of planting. For sites that cannot accommodate a tree, native shrubs will once again be available at a reduced cost. Fourteen Pickering households have already approached LEAF about participation for 2021. If interest is greater than availability, LEAF will consult with the respective property owners. Pending program review and approval in the subsequent year, those residents will be contacted and offered opportunities for participation first the following spring. Through LEAF's Tree Planting Program, applicants will once again receive the following: 1. Online pre-visit questionnaire to ensure that the property owner qualifies for the program, has adequate space to plant, and is committed to long term tree care. 2. On-site consultation with a LEAF arborist to determine appropriate species and planting location. 3. Full delivery and planting by LEAF professionals. 4. Follow-up questionnaire to assess participant satisfaction and/or follow-up visit to assess tree health. Community Tree Planting Aside from the Backyard Program, LEAF was successful in receiving a grant from the Ontario Trillium Foundation to support a planting initiative on public land. As a result, of the City’s partnership on the Backyard Tree Planting Program, LEAF offered to use a portion of this grant to plant 250 trees and shrubs in a public space in Pickering this fall. Staff have been working with LEAF to identify and evaluate potential sites based on the criteria of their grant application. Due to COVID-19, the planting will be completed by LEAF trained volunteers. This is a great opportunity to further enhance Pickering’s urban forest canopy. Attachment: 1. Draft Durham LEAF Program Agreement July 2021 to June 2025 Report PLN 30-21 June 7, 2021 Subject: LEAF Tree Planting Program Update Page 4 Prepared By: Approved/Endorsed By: Original Signed By Original Signed By Melanie Edmond, HBSc. Kyle Bentley, P. Eng. Coordinator, Sustainability Director, City Development & CBO Original Signed By Chantal Whitaker, BESc (Hons), CSR-P Supervisor, Sustainability ME:CW:ld Recommended for the consideration of Pickering City Council Original Signed By Marisa Carpino, M.A. Chief Administrative Officer Attachment #1 to Report #PLN 30-21Draft LEAF BACKYARD TREE PLANTING PROGRAM AGREEMENT Effective the 1st day of July, 2021 B E T W E E N: Local Enhancement and Appreciation of Forests (“LEAF”) LEAF is a corporation without share capital, incorporated under the Ontario Corporations Act AND The Regional Municipality of Durham The Corporation of the City of Oshawa The Corporation of the City of Pickering The Corporation of the Town of Whitby The Corporation of the Township of Scugog The Corporation of the Town of Ajax (with the foregoing collectively referred to as the “Municipal Partners”) RECITALS A.WHEREAS the Municipal Partners each have a mandate that includes the stewardship and environmental enhancement on private land through tree planting; B.AND WHEREAS the Municipal Partners wish to work cooperatively with LEAF in programs which assist in the fulfillment of their mandates; C.AND WHEREAS the parties have a mutual interest in private land stewardship and tree planting; D.AND WHEREAS LEAF offers a program which supports the various climate change and urban forest strategies of the Municipal Partners; E.AND WHEREAS the Municipal Partners approved an annual grant totaling $148,000 so LEAF can offer the Backyard Tree Planting Program (the “Program”) to residents in an effort to increase urban tree planting. NOW THEREFORE, for good consideration as provided for in this Agreement, the parties hereby agree as follows: Section 1: THE VISION 1a) LEAF and the Municipal Partners agree to cooperate in the implementation of the Program, and to undertake the following activities: I. To promote the Program to property owners through all available channels; II. To raise awareness of the environmental, social, and economic benefits of the urban forest and canopy cover; and, III. To facilitate the planting of trees and shrubs on private property. Section 2: TERM OF AGREEMENT 2a) This Agreement shall commence on July 1, 2021 and terminate on June 30, 2025 (the “Term”). In the event that individual Municipal Partners are not able to secure funds through their respective budget approval process, they may opt out of the Agreement at any time with a minimum of 3 months’ notice to all parties. In the event that LEAF can no longer deliver the Program effectively with the resources available, they may opt out of the Agreement at any time with a minimum of 30 days’ notice to all parties. The parties may extend the Term of the Agreement at any time, by mutual agreement. Section 3: RESPECTIVE ROLES OF LEAF AND MUNICIPAL PARTNERS 3a) LEAF covenants and agrees to do the following: I. Recognize the Municipal Partners’ support of the Program through any promotional material produced by LEAF as approved by the respective Municipal Partner; II. Use the funding provided by the Municipal Partners to support the Program’s activities within the boundaries of the Region of Durham during the Term of this Agreement; III. Administer the Program by reviewing candidate properties for eligibility, ensuring property owners understand they own and are responsible for care of the trees, obtaining waivers of liability from each private property owner to protect LEAF and the Municipal Partners, and by arranging and implementing planting on private property accordingly; IV. Sell trees and shrubs, as well as related consultation and delivery/planting services through the Program to Region of Durham property owners at a subsidized price; V. Monitor the success of the Program and implement contingencies and/or modify plans accordingly; and, VI. Track and report to the Municipal Partners on the number of Program participants and trees/shrubs planted. 3b) The Municipal Partners covenant and agree to do the following: I. To support the Program by providing the financial contributions set out in this Agreement; and, II. To offer Program feedback and work collaboratively with LEAF to ensure Program success. Section 4: DELIVERABLES 4a) LEAF agrees to achieve, at a minimum, the following deliverables during the Term of this Agreement: I. plant at least 182 trees (3 shrubs equals 1 tree) annually according to the distribution set out in Section 6a); II. reach at least 500 residents annually through outreach/educational activities; III. provide recognition for the Municipal Partners’ support on LEAF’s website, print materials and through social media as approved by the respective Municipal Partner; and, IV. provide promotional content for the Municipal Partners’ use, as approved by the respective Municipal Partner, including website content, brochures, posters, advertisements, and social media content. Section 5: ADMINISTRATION AND REPORTING 5a) LEAF and the Municipal Partners shall each appoint one representative who shall be responsible for the management and administration of the terms of this Agreement. 5b) The parties shall meet at least once during the Term of this Agreement for the purpose of discussing the status of the Program. 5c) LEAF covenants and agrees to provide an Interim Report to the Municipal Partners by December 15 of each year of the term, and a Final Report to the Municipal Partners by July 15 of each year of the term, which will include the following information: I. List of addresses where trees/shrubs have been planted, including numbers and species (conditional on property owner permission); II. Summary of total annual plantings, including total number of trees and shrubs planted; and, III. Summary of promotional/outreach activities. 5d) The parties agree to communicate regularly and provide updates on the status of the Program from time to time, as each party may require. Section 6: FUNDING AND TARGETS 6a) The Municipal Partners covenant and agree to the following annual payment schedule and LEAF agrees to complete the following tree targets during each year of the Term of this Agreement: Partner Annual Funding Payable to Annual Payment Deadline Annual Tree Target Pickering $15,000 LEAF July 15 40 Whitby $15,000 LEAF July 15 40 Oshawa $15,000 LEAF July 15 40 Ajax $15,000 LEAF July 15 40 Scugog $8,000 LEAF July 15 22 Durham Region $80,000 LEAF July 15 Annual Totals $148,000 182 6b) LEAF covenants and agrees to administer the $148,000 provided by the Municipal Partners in support of the Program (the “Grant”) as follows: I. 10% of funds allocated to Program administration; and, II. 90% of funds allocated for the cost of promoting and delivering the Program and related education/communication activities. 6c) The parties may increase the funding and planting targets at any time, by mutual agreement. Section 7: OWNERSHIP AND MAINTENANCE OF TREES 7a) The trees planted in connection with this Program are owned by the private property owner. The Municipal Partners do not have any ownership or jurisdiction over the trees at any time. 7b) Any maintenance of the trees is the responsibility of the private property owner. Section 8: INDEMNITY AND INSURANCE 8a) LEAF shall defend, indemnify and save harmless the Municipal Partners and its elected officials, officers, employees and agents from and against all claims of any nature, actions, causes of action, losses, expenses, fines, costs, interest or damages of every nature and kind whatsoever, arising out of or allegedly attributable to the negligent acts, errors, omissions, misfeasance, nonfeasance, fraud or willful misconduct of LEAF, its directors, officers, employees, agents, contractors and subcontractors, or any of them, in connection with or in any way related to the delivery or performance of this Agreement. This indemnity shall be in addition to and not in lieu of any insurance to be provided by the LEAF in accordance with this Agreement, and shall survive this Agreement. 8b) LEAF shall continuously maintain throughout the Term of the Agreement and pay for Commercial General Liability insurance including personal injury, broad form contractual liability, owners, and contractors protective, completed operations, and non-owned automotive liability in an amount of not less than two million dollars ($2,000,000.00) applying to all contracts for claims arising out of one occurrence. The Commercial General Liability policy shall include the Municipal Partners as additional insureds in respect of all operations performed by or on behalf of LEAF in relation to the Agreement requirements and be endorsed to provide the Municipal Partners with not less than thirty (30) days written notice in advance of any cancellation, change or amendment restricting coverage. LEAF shall provide an updated Certificate of Insurance on the Region’s standard form, or on a form acceptable to the Region of Durham and the Municipal Partners. Section 9: DEFAULT, TERMINATION AND REPAYMENT: 9a) If any of the following events occur, all of the Municipal Partners acting unanimously shall be entitled to immediately terminate this Agreement upon written notice to LEAF, and request the repayment of unspent funds associated with the Grant: I. LEAF breaches any of the terms and conditions of this Agreement; II. LEAF ceases operating, ceases to operate as a non-profit organization, winds up or dissolves, commences or has commenced against it any proceedings in bankruptcy, or is adjudged a bankrupt; or, III. LEAF uses the Grant for a purpose not approved by this Agreement. Section 10: GENERAL 10a) This Agreement shall enure to the benefit of and be binding upon the parties hereto and their respective successors and assigns. 10b) Any notice, demand or acceptance required to be given hereunder in writing, shall be deemed to be given if either personally delivered, emailed, or mailed by registered mail, postage prepaid, (at any time other than during a general discontinuance of postal services due to a strike, lockout, or otherwise) and addressed to the parties as follows, or such change of address as the parties have by written notification forwarded to each other: LEAF – Local Enhancement and Appreciation of Forests Artscape Wychwood Barns 601 Christie St, Suite 253 Toronto, ON M6G 4C7 Janet McKay, Executive Director 416-413-9244 | 1-888-453-6504 janet@yourleaf.org The Regional Municipality of Durham 605 Rossland Rd. E. Whitby, ON L1N 6A3 Ian McVey, Manager of Sustainability 905-668-7711 ext. 3803 Ian.McVey@durham.ca The Corporation of the City of Oshawa 199 Wentworth St. E., Oshawa, ON L1H 3V6 Michelle Whitbread, Parks and Environmental Services Coordinator 905-436-3311 ext. 2811 | 1-800-667-4292 mwhitbread@oshawa.ca The Corporation of the City of Pickering One The Esplanade Pickering, ON L1V 6K7 Chantal Whitaker Supervisor, Sustainability, City Development 905-420-4660 ext. 2170 | 1-866-683-2760 cwhitaker@pickering.ca The Corporation of the Town of Whitby 575 Rossland Road East Whitby, ON L1N 2M8 Jade Schofield Project Manager- Sustainability & Climate Change Strategic Initiatives- Office of the CAO 905-444-3167 schofieldj@whitby.ca Chris Harris Town Clerk 905-668-5803 clerk@whitby.ca The Corporation of the Township of Scugog 181 Perry Street P.O. Box 780 Port Perry, ON L9L 1A7 Carol Coleman Director, Public Works and Infrastructure 905-985-7346 ext.150 ccoleman@scugog.ca The Corporation of the Town of Ajax 800 Salem Rd N Ajax, ON L1Z 0J1 Craig Blencowe Supervisor of Forestry & Horticulture, Operations & Environmental Services 905-619 2529 ext. 4210 Craig.Blencowe@ajax.ca The duly authorized representatives of LEAF and the Municipal Partners, having authority to bind their respective organizations and having read and understood the terms and conditions of this Agreement, agree to the terms and conditions, and execute this Agreement as of the date first written above. LOCAL ENHANCEMENT AND APPRECIATION OF FORESTS Name: Title: Janet McKay Executive Director Signature: Date: THE REGIONAL MUNICIPALITY OF DURHAM Name: Sandra Austin Title: Director, Strategic Initiatives Signature: Date: THE CORPORATION OF THE CITY OF OSHAWA Name: Title: Signature: Date: THE CORPORATION OF THE CITY OF PICKERING Name: Title: Signature: Date: THE CORPORATION OF THE TOWN OF WHITBY Name: ______________________________________ Title: ________________________________________ Signature: _________________________________ Date: THE CORPORATION OF THE TOWNSHIP OF SCUGOG Name: Title: Signature: Date: THE CORPORATION OF THE TOWN OF AJAX Name: Title: ______________________________________ Signature: Date: