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HomeMy WebLinkAboutADM 240 Community Garden Policy Policy Procedure Title: Community Garden Policy Policy Number ADM 240 Reference Resolution 840/22 Date Originated (m/d/y) December 5, 2022 Date Revised (m/d/y) Pages 4 Approval: Chief Administrative Officer Point of Contact Director, City Development & CBO Policy Objective The Corporation of the City of Pickering (the “City”) supports Community Gardens on approved City-owned and leased/licensed lands in partnership with Community Groups in order for residents to grow fresh produce in an environment that supports collaboration, engagement and healthy living. Index 01 Definitions 02 Procedures 03 Insurance 01 Definitions 01.01 City – The Corporation of the City of Pickering. 01.02 Community Garden – a site, located on City-owned or leased/licensed lands, that is approved to be divided into plots and operated by a Community Garden Committee for a Community Garden Group to grow produce, herbs and flowers for not-for-profit use. 01.03 Community Garden Committee – a group of community garden members responsible for the governing and organization of the Community Garden. 01.04 Community Garden Group – all the people participating in the Community Garden. 01.05 Donation Plot – a garden plot where food is planted and harvested by a Community Garden Group and donated to a local food bank, soup kitchen or other such related organization. Policy Title: Community Garden Policy Page 2 of 4 Policy Number: ADM 240 01.06 Garden Plot – a delineated section of the Community Garden including raised beds, intended for gardening produce, herbs and flowers for personal not-for- profit use by a Community Garden Group member. 01.07 Gardener Agreement – an agreement between the Community Garden Committee and the Gardener/Plot User that outlines the rules, roles and expectations of membership in the Community Garden. 01.08 Gardener/Plot User – person(s) assigned to a plot within the designated area. Responsible for the planting and maintenance of the assigned plot and bound by the terms of a gardener agreement. 02 Procedures 02.01 The City to: a. support the development of Community Gardens; and b. provide promotional support to Community Gardens though the City’s website and social media. 02.02 City Development, Engineering Services and Operations Departments to: a. identify and pre-select suitable locations for Community Gardens based on, but not limited to the following criteria: • current use and future plans for the space; • neighbourhood impact; • accessibility; • safety; • soil test results; • maximum number of garden plots; • access to water; • accessible parking; and • consultation with residents whose homes surround the site (if applicable). b. oversee the application and approval process for community group requests to establish a community garden on pre-approved locations. 02.03 Through its application, the interested Community Garden Group must demonstrate the following: • number of core Community Garden Group members (at least four to five) to form the Community Garden Committee; • identification of primary leader; • vision for the space, including number of plots, approach to accessibility, and features; • commitment to operate the site for five years; Policy Title: Community Garden Policy Page 3 of 4 Policy Number: ADM 240 • relevant experience with community gardening, volunteering, leadership, and community development; • willingness to develop and sign all applicable agreements; • ability to secure and pay for insurance; and, • how development and maintenance of the site will be funded. 02.04 If approved for a Community Garden, the Community Garden Committee must sign a Memorandum of Understanding (“MOU”) and Garden Agreement between the City and the Community Garden Committee. The example MOU in Appendix 1 will be amended based on conditions at the time of execution and is subject to Council’s approval to enter into the MOU with the Community Garden Group. 02.05 If approved for a Community Garden, the Community Garden Committee must develop to the satisfaction of the City, a Gardener Application form. An example Gardener Application is provided in Appendix 2. 02.06 If approved for a Community Garden the Community Garden Committee must develop, to the satisfaction of the City, a Gardener Agreement. The approved Gardener Agreement must be signed by each Gardener/Plot User. An example Gardener Agreement for Community Gardens is provided in Appendix 3. 02.07 If approved for a Community Garden, the Community Garden Committee must develop to the satisfaction of the City, a Conflict Resolution Procedure. An example Conflict Resolution Procedure for Community Gardens is provided in Appendix 4. 03 Insurance 03.01 If approved for a Community Garden, the Community Garden Committee must at its own expense, arrange and maintain commercial general liability insurance, including products and completed operations, satisfactory to the City for all liability arising out of bodily injury (including death) and property damage, such insurance to be not less than $2,000,000 per occurrence or loss, to be in full force and effect at all times. A copy of the Certificate of Insurance confirming such insurance coverage shall be provided to the City and the City shall be an Additional Insured on such policy. The policy shall contain an undertaking to the insurer to notify the City in writing not less than thirty (30) days prior to any material change, cancellation or termination of the policy. Policy Title: Community Garden Policy Page 4 of 4 Policy Number: ADM 240 Appendices Appendix 1 Example Memorandum of Understanding and Garden Agreement Appendix 2 Example Gardener Application Appendix 3 Example Gardener Agreement for Community Gardens Appendix 4 Example Conflict Resolution Procedure for Community Gardens 1 Appendix 1 Example Memorandum of Understanding and Garden Agreement Between The Corporation of the City of Pickering and (insert name of Community Garden Group) This Memorandum of Understanding is between (insert name of group) Community Garden Group and the City of Pickering, and constitutes a garden agreement regarding use of (insert name of site or park) as a community garden, located at (insert address). City of Pickering Responsibilities • Facilitate the use of the identified site for a community garden. • Supply of pathway woodchips subject to availability. • General grounds maintenance of surrounding park space and trees related to grass cutting, water supply system (if applicable), public pathway maintenance (if applicable) and garbage pickup. • Assist the (insert name of group) with the communication and promotion of garden events and initiatives, as appropriate. Community Garden Committee Responsibilities • Comply with all City of Pickering by-laws, provincial regulations, terms and conditions of the site, including of a third party if the site is leased/licensed. • At its own expense, arrange and maintain commercial general liability insurance, including products and completed operations, satisfactory to the City for all liability arising out of bodily injury (including death) and property damage, such insurance to be not less than $2,000,000 per occurrence or loss, to be in full force and effect at all times. A copy of the Certificate of Insurance confirming such insurance coverage shall be provided to the City and the City shall be an Additional Insured on such policy. The policy shall contain an undertaking to the insurer to notify the City in writing not less than thirty (30) days prior to any material change, cancellation or termination of the policy. • Administer the formation, signing and compliance of the following: • Gardener Application; • Gardener Agreement for Community Gardens; and a • Conflict Resolution Procedure for Community Gardens. • Maintain regular contact with the designated City of Pickering representative. • Provide the City of Pickering representative with a list of Garden Committee members and their contact information. 2 • If requested, provide the City of Pickering representative with signed copies of the Gardener Agreement for Community Gardens for each member. • Maintain a ‘waiting list’ for those interested in participating in the garden. • Maintain and secure the community garden, garden sheds, and other community garden infrastructure at no cost to the City of Pickering. • Provide the City of Pickering representative with a brief year-end report summarizing garden activities and future garden plans. • Assist the City of Pickering with communication and promotion of events and initiatives, as appropriate. Community Garden Committee Representative Date _______________________________ Name Community Garden Committee Representative Date _______________________________ Name Community Garden Committee Representative Date _______________________________ Name The Corporation of the City of Pickering Date _______________________________ Name Title 3 I have the authority to bind the Corporation. The Corporation of the City of Pickering Date _______________________________ Name Title I have the authority to bind the Corporation. Appendix 2 Example Gardener Application Residency in the City of Pickering is a requirement of memberships. I will provide a copy of my photo ID as proof of residency if requested by a Community Garden Committee member. Member since _______ Plot#_____ Name__________________________________________ Address________________________________________ City___________________ Postal Code______________ Home Phone____________________Cell Number_______________________ Email__________________________________________ Payment Terms and Conditions The garden plot fee of $(insert fee) for the year must be paid before any membership comes into effect. The fee can be paid in cash or by cheque made payable to (insert name of group) Community Garden Group or by e-transfer payable to (insert email address of group) Community Garden Group. Please initial the following _____ I agree to have my name, phone number, and email address provided to the other gardeners by the administrators, if requested. This information may be used to share in garden activities such as distribution of Community Garden information, trading of garden plot maintenance during vacations, plants and/or seeds. Your privacy will be respected if you decline. _____I consent to the use of my photo image in (insert name of group) Community Garden Group promotional materials. _____I am interested in serving on the (insert name of group) Community Garden Committee. _____ I consent to receive emails from (insert name of group) Community Garden Committee. If not, then I will read the posted minute’s on-line _____. __________________________ _________________________ Signature of Garden Applicant Date 1 Appendix 3 Example Gardener Agreement for Community Gardens 1. Definitions: 1.1 City – The Corporation of the City of Pickering. 1.2 Community Garden - a site, located on City-owned or leased/licensed lands, that is approved to be divided into plots and operated by a Community Garden Committee for a Community Garden Group to grow produce, herbs and flowers for not-for-profit use. 1.3 Community Garden Committee - a group of community garden members responsible for the governing and organization of the Community Garden. 1.4 Community Garden Group - all the people participating in the Community Garden. 1.5 Donation Plot - a garden plot where food is planted and harvested by a Community Garden Group and donated to a local food bank, soup kitchen or other such related organization. 1.6 Garden Plot - a delineated section of the Community Garden including raised beds, intended for gardening produce, herbs and flowers for personal not-for-profit use by a Community Garden Group member. 1.7 Gardener Agreement – an agreement between the Community Garden Committee and the Gardener/Plot User that outlines the rules, roles and expectations of membership in the Community Garden. 1.8 Gardener/Plot User - person(s) assigned to a plot within the designated area. Responsible for the planting and maintenance of the assigned plot and bound by the terms of a Gardener Agreement. 1.9 Board, Board of Directors, Board Committee (if applicable to the group) - defined as the elected Board of Directors responsible for the governing and organization of the Community Garden; elections to be held at the end of the membership season each year. 2 2. Term: 2.1 Participation in this Community Garden Agreement will be annual and can be renewed each year at the Annual General Meeting in the fall (or at such other time and place as the Garden Committee or Board of Directors determines). 3. Rules: 3.1 I understand that the City of Pickering in conjunction with the (insert name of group) Community Garden Group is hereby granting permission at its sole discretion for me to use the designated plot at (insert name of garden), located in (insert name of site or park), on a non-exclusive basis and for the sole purpose of community gardening, from the (insert start date and end of gardening season date) annually for a one (1) year period, unless extended on a mutual agreement. Notification to the Community Garden Committee via email is required to plant any winter crops that may extend the gardening calendar beyond (insert date). 3.2 I will abide by the applicable policies, practices, by-laws, and laws and regulations, terms and conditions set out. 3.3 I agree that I am a resident of the City of Pickering. I further acknowledge that I will provide a copy of my photo ID as proof of residency if requested by a Community Garden Committee member. 3.4 I will not smoke or vape, drink alcoholic beverages, use illegal drugs, or gamble in the garden. I will not come to the garden while under the influence of alcohol or illegal drugs. 3.5 I understand that children under the age of 16 are allowed in the garden; however, they must be accompanied and supervised by an adult at all times. I understand that I am responsible for supervising those individuals I may bring to the garden. 3.6 I understand that animals, i.e., dogs, cats, other pets are not permitted in the garden and all pets in public park areas are to be leashed at all times. 3.7 I agree not to cause a nuisance, disturbance or to interfere with the quiet enjoyment of other gardeners or neighbours of the garden area. 3.8 I understand that the use and storage of hazardous substances at the garden site is prohibited. 3 3.9 I understand that camp fires, candles, gas and/or open flame lanterns or torches are prohibited on the garden site. 3.10 I will not plant any illegal plants, invasive species or noxious weeds. 3.11 I understand that cannabis plants are prohibited. 3.12 I will utilize the designated parking area(s) and not drive motorized vehicles into the garden area. 3.13 I understand that nighttime activities in the garden areas are not permitted. 3.14 I will plant my garden no later than (insert date) and provide continued maintenance to my plot, plant materials within my plot and the adjacent pathways, for the duration of the season. 3.15 I understand that this is a green garden, and I will only use organic fertilizers and insecticides in accordance to provincial regulations and any municipal level requirements, if any. 3.16 I will be responsible for the maintenance and upkeep of my garden plot and surrounding areas including: watering, weeding, removal of fallen or rotten produce, litter removal, path maintenance and any other garden related maintenance on a weekly basis. 3.17 I will only water my plot with hand watering methods. I will use water wisely. 3.18 I understand that edges walkways and paths are to be kept clear of obstacles and that any tools and personal property must not be left on the site overnight. 3.19 I will not plant anything beyond the boundaries of my own plot, nor will I plant anything in any other gardener’s plot. 3.20 I understand and agree that I will only pick crops that I grow in my own plot and that I will not pick anything in any garden plot that is not assigned to me. 3.21 I understand that taking food or plants from other gardeners’ plots, or theft of any gardening equipment will result in an automatic and immediate removal of gardening privileges. 3.22 I will keep trash and litter out of the garden, the plot, as well as from adjacent edges, walkways, paths, and composters (if any). 4 3.23 I will ensure that my plot is entirely free of weeds and that only winter crops, if any, will remain after (insert date). 3.24 I agree that all structures (tomato cages, wooden poles, etc.) will be removed and taken home, or laid flat on the bed no later than (insert date). 3.25 I agree that I will not sell the production of my gardening efforts from the Community Garden. 3.26 I agree that if I must withdraw from maintaining my plot and participating in the garden for any reason, I will notify the Community Garden Committee. 3.27 I agree that I am responsible for having someone attend to my garden if I am unable to do so. In the event that I am unable to continue to tend to my garden, I will contact the Community Garden Committee to see if they are able to have a volunteer member assist. I agree that should there be any produce that I am unable to harvest from my garden plot, I will contact the food bank coordinator and arrange to donate the harvest to the local food bank. 3.28 I will respect other gardeners, and I will not use abusive or profane language or discriminate against others. 3.29 I agree that the number of plots per gardener is limited to one (1) per household, depending upon demand. 3.30 I agree that I will not use any types of manufactured or lumber edging around the boundaries of my garden. 3.31 I agree that I will not, in any way, extend the boundaries of my (insert size) plot. Plots will be randomly measured from time to time and gardeners will be expected to remove vegetation that is creeping into pathways. 3.32 I will volunteer a minimum (insert number) hours per season of my time, as determined by the Garden Committee, for general maintenance. I will be advised regularly as to the status of my volunteer time by the Community Garden Committee. If my volunteer hours are not completed by the end of (insert month), my plot will not be renewed for the following year and I will not be eligible for another plot for (insert number) years. I understand that work on my own plot and pathways does not count towards my volunteer hours. It is understood and recognized that the Community Garden membership has a diverse population with different skill sets and abilities. There are many volunteer jobs available that do not 5 require physical labour and jobs less physical will be assigned to persons with limited mobility. 3.33 I understand that (insert name of group) Community Garden Group has an Exclusive Action Procedure (Section 5) and a Conflict Resolution Procedure for Community Gardens in place. I agree that it is my responsibility to ensure that I understand this process and agree to follow it should there be a dispute in which I may be involved. Failure to comply may result in a forfeit of gardening privileges and plot. I agree that all decisions made by the Garden Committee and the (if applicable) Board of Directors are final and binding. 4. Indemnity: 4.1 I, __________________________________ agree to fully defend, indemnify and save harmless, The City of Pickering, its directors, officers, employees, consultants, contractors, agents, successors and assigns; (insert name of group) Community Garden Group, its directors, officers, employees, volunteers, consultants, contractors, agents, successors and assigns, or any of them, from and against all actions, claims, injuries, damages, costs, expenses, charges, losses or liabilities whatsoever, including, without limiting the generality of the foregoing, claims of third parties of whatsoever kind, legal fees or other costs that the City of Pickering may suffer, incur or be liable for, resulting from the performance of this agreement, be it by me or any of my guests. 4.2 I understand that contravention of any rules, terms, conditions, by-laws, and legislation is cause for exclusion from the garden and loss of the plot and possible liability on my part. 5. Exclusive Action Procedure: Should the rules of this agreement be breached, the following procedure will follow: 5.1 You will receive one (1) written warning on behalf of the Community Garden Committee. If the warning requires action on your garden plot, a yellow card will be posted in your plot. 5.2 If no response or correction has been made after one (1) week, you will receive a second written notice. If the second warning requires action on your garden plot, a red card will be posted in your plot. 5.3 If after a third week, no response or correction has been made, you will receive written and final notification that you have forfeited your gardening privileges and plot. 6 5.4 Upon request, and provided notification is sent to the Community Garden Committee before the end of the third week, you will be permitted to state your case to Committee members. However, the final decision belongs to the Community Garden Committee and is binding upon all members. 5.5 You will be allowed to reapply for another garden plot only after (insert number) years have elapsed after the infraction has occurred, and only at the discretion of the Community Garden Committee and subject to plot availability. 6. Conflict Resolution Procedure: It should be recognized that the Conflict Resolution Procedure for Community Gardens is a different and additional procedure than the Exclusive Action Procedure that may be taken as a result of a breach of the Gardener’s Agreement for Community Gardens. 6.1 I understand that should a problem arise, that I cannot solve, or if I feel that the rules have been violated by another Gardener/Plot User, I will provide a written complaint to the Community Garden Committee. The Community Garden Committee agrees that all formal complaints will be discussed at an executive meeting and appropriate action, following the (insert name of group) Conflict Resolution Procedure for Community Gardens, will be taken. All parties to the complaint will be given an opportunity to state their positions, however, all Community Garden Committee decisions are final and binding. I ___________________________________________, have read and understand this agreement and accept these rules, terms, and conditions stated above, for the participation in the Community Garden. I understand that (insert name of group) Community Garden, and/or The City of Pickering have the right to create new rules if a situation warrants. I have reviewed and received a copy of the (insert name of group) Community Garden Gardener Application, Gardener Agreement, and the Conflict Resolution Procedure documents. Signed: __________________________________ Plot#:__________ Date: _______________ Gardener Approved:_______________________________________________ Date:_______________ (insert name of Community Garden Committee Representative) 1 Appendix 4 Example Conflict Resolution Procedure for Community Gardens Purpose To guide the (insert name of group) Community Garden in providing a pathway to resolving conflicts within the Community Garden. Disputes between Gardeners/Plot Users may arise and this procedure has been established to assist members in dealing with them effectively so that their impact is minimal. Members are encouraged to discuss issues as they arise but not spread rumours or to involve people outside of the (insert name of group) Community Garden membership. When members cannot address these issues themselves, a mediator or Community Garden Committee member will be appointed to assist the process. Objectives • It is inevitable that conflicts will arise periodically. • It is recognized that most conflicts should be able to be resolved to the reasonable satisfaction of all concerned. • Disputes may arise due to a simple misunderstanding or communication not being as effective as it could be. Problems may be resolved by simply communicating the problem directly to the person concerned. • Conflicts should be dealt with at an early stage and actively addressed. • Complaints should be raised and dealt with by the people involved and with the Community Garden Committee; efforts should be made to ensure that the general public are protected from the effects of the dispute. • Openness, honesty, confidentiality and equal respect for views of all parties are crucial for the successful resolution of conflicts. Procedure Members may initiate the conflict resolution procedure, or a member with a grievance/dispute is encouraged to discuss the issue with the other person directly involved, if they feel comfortable doing so. 1. If the person with a grievance or dispute does not feel comfortable in approaching the other person directly, or if that person has already spoken to the other person directly and the complaint/difficulty continues, then the complainant should initiate the conflict resolution process by either: • Talking to a Community Garden Committee member; • Emailing the general account for the Community Garden (insert community garden email address); and or • Calling a Community Garden Committee member. 2 • Emails or telephone calls to non-committee members should be avoided as they may lead to misinformation. 2. A Community Garden Committee member will be assigned the responsibility of attempting a mediation between the parties. 3. The assigned mediator (e.g., Community Garden Committee member) will be impartial to the dispute. The mediator will act as a point of contact for persons with a grievance. If the mediator is not impartial, the matter will be referred back to the (insert name of group) Community Garden Committee, and another Committee member will be appointed to address the matter. 4. The mediator will endeavour to reconcile the dispute by hearing the concerns of both parties. 5. If the mediator believes that the issue is of a sufficiently serious nature, they can advise the parties of the following: a. A clear statement of the specific concerns; and b. The expectations regarding the resolution of the concerns. 6. If the conflict still continues, the mediator should inform the Community Garden Committee about the measures taken to date so that they can take further steps to resolve the conflict, including but not limited to: a. Issue a clear situation statement about the matter and expectations; b. Determine that the behaviour is not acceptable, is negative to the garden harmony, negatively affects relationships between Community Garden Group members or outside bodies, or is not aligned with the Community Garden’s purpose; c. Select another Committee Member to attempt to mediate the conflict or arrange for mediation efforts using external mediators; d. Advise that changes are to be made within a certain time span to address the issue; and e. Review procedures or organizational matters that may be contributing to the continuation of the conflict. Membership Termination The (insert name of group) Community Garden Committee may advise of, and terminate Community Garden membership. This termination is subject to appeal to a General Meeting to be called with three-week (3) notice to vote upon the intention to terminate a membership. Prior to a decision being made, the person whose membership may be terminated can address the meeting and will then leave the General Meeting before the decision is reached by the Community Garden Committee.