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HomeMy WebLinkAboutPLN 09-20Cfy �t DICKERING Report to Executive Committee Report Number: PLN 09-20 Date: June 15, 2020 From: Kyle Bentley Director, City Development & CBO Subject: Local Enhancement and Appreciation of Forests (LEAF) Organization's Tree Planting Program File: D-7300 Recommendation: 1. That Report PLN 09-20 of the Director, City Development & CBO, on the implementation of the Local Enhancement and Appreciation of Forests (LEAF) Organization's Tree Planting Program, be endorsed; 2. That the Deputy Mayor and City Clerk be authorized to execute the joint agreement between the Region of Durham, the Local Enhancement and Appreciation of Forests (LEAF) organization and participating municipalities, set out in Appendix! of this report, subject to minor revisions, to deliver the tree planting program in 2020 with terms and conditions satisfactory to Corporate Services and Finance from a legal services and insurance perspective; 3. That the appropriate City staff be directed take the necessary actions as indicated in this 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. The program has been successfully delivered in a number of municipalities in the Greater Toronto Area, and more locally in the Town of Ajax. Municipalities across Durham Region, including the City of Pickering, Town of Whitby, City of Oshawa and the Township of Scugog, are proposing to pilot the LEAF Tree Planting Program in 2020, evaluate the results, and if successful, offer the program in subsequent years pending budget approval. To date, the Councils in Whitby, Oshawa and the Region of Durham have approved their respective corporations to enter into the joint agreement with LEAF. The Town of Ajax has offered the LEAF program to their residents since 2015 and will continue into 2020 at a reduced level (their contribution is listed in Table 1), however, they have entered into their own agreement. PLN 09-20 June 15, 2020 Subject: LEAF Tree Planting Program Page 2 LEAF's Tree Planting Program offers residents a convenient, accessible and affordable way to obtain new trees and shrubs for their yard. Through the LEAF program, homeowners purchase native species that will help to both beautify their yards and enhance the City's overall urban tree canopy coverage. The cost for program participants is subsidized to reduce barriers to participation. Multi -unit residential buildings and businesses with adequate planting space may also participate in the program, although the majority of participants tend to be homeowners. Program delivery will comply with current COVID-19 regulations and recommendations. As such, LEAF can accept applications in the summer. In-person consultations will be modified to comply with physical distancing and planting will occur in the fall of 2020. The goal for the first year of this program is to work with 40 Pickering families to plant a minimum of 40 large -growing native trees in the City (158 across the participating municipalities) and engage with property owners to raise awareness of the benefits of tree planting and maintenance. The program has been successfully delivered in Toronto, Vaughan, Richmond Hill, Aurora, Newmarket, East Gwillimbury, Whitchurch-Stouffville, Georgina, King, Markham and Ajax. The partnership Agreement set out in Appendix I of this Report was reviewed and amended by staff in City Development, Legal Services, and Finance from an insurance coverage perspective. It is recommended Council authorize the Deputy Mayor and City Clerk to enter into this partnership agreement. Financial Implications: $15,000.00 for the LEAF Tree Planting program was included under Consulting and Professional account 2620.2392.0000 of the approved 2020 City of Pickering Current Budget. No additional financial resources will be required for this year. Pickering, Whitby and Oshawa are each investing $15,000.00 and Scugog is contributing $3,000.00 for a lower participation level. The Region of Durham staff identified $80,000 in their 2020 budget to offset the balance of the cost. Discussion The City of Pickering leads and undertakes a number of planting and tree maintenance programs, mainly focused on public lands, including boulevards, ravines, greenspaces and parks. Although trees on public lands are valuable to the City's overall tree canopy, plantings on private property represent the greatest proportion of plantable area across the City. These targeted plantings offer the following benefits to municipalities and residents: • enhancement of the urban forest • owner participation in sustainability initiatives • increased property value and aesthetics • energy savings and comfort from shade • improved privacy and reduced ambient noise • carbon sequestration • habitat enhancement • reduction in stormwater run-off • urban heat island attenuation PLN 09-20 June 15, 2020 Subject: LEAF Tree Planting Program Page 3 City of Pickering staff have been in discussions with the Region of Durham, Whitby, Oshawa, Ajax and Township of Scugog to offer a subsidized public outreach and backyard tree planting program. The program will be operated by Local Enhancement and Appreciation of Forests (LEAF) on behalf of participating municipalities. LEAF is a non-profit organization dedicated to the protection and enhancement of the urban forest. They have been working with many municipalities across the Greater Toronto Area since the early 2000s. LEAF is uniquely positioned to deliver this program across Durham Region and has demonstrated a positive track -record for meeting program objectives with a high tree survival rate after a 10 -year period. The program has already been offered in the Town of Ajax since 2015. This new collaboration extends the opportunity to Pickering and other Durham Region residents. Staff would like to pilot the program in 2020, evaluate the results, and if successful recommend its continuation subject to future budget approval. The Tree Planting Program complements the City of Pickering's sustainability and community planting efforts, represents an effective local measure to address the 2019 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. Tree Planting Program Details Through LEAF's Tree Planting Program applicants will 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 in the fall. 4. Follow-up questionnaire to assess participant satisfaction and/or follow-up visit to assess tree health. The partnership with LEAF will provide residents the opportunity to add native trees or shrubs to their property at a discounted rate. The program removes barriers to successful tree planting often experienced by homeowners such as time, physical ability, knowledge, transportation and cost. The homeowner's financial contribution helps to ensure a vested interest. The program also facilitates residents selecting tree species that are best suited for their property, which often improves survivability. The goal for the first year of this program is to plant a minimum of 40 large growing trees in Pickering and educate property owners on the benefits of tree planting and proper care. For sites that cannot accommodate a tree, native shrubs are available at a reduced cost. If interest is greater than availability, LEAF will consult with the respective property owners. Pending program review and approval those residents would be contacted first for participation the following spring. The program does not plant on public land. PLN 09-20 June 15, 2020 Subject: LEAF Tree Planting Program Page 4 The program focuses on education, providing property owners with the necessary guidance and support to ensure that the trees not only survive but thrive. LEAF works with each property owner to consider the specific site conditions, such as sunlight, soil quality, ability to do maintenance and distance to property lines and infrastructure. This helps ensure the establishment of large -growing native trees, whose dense canopies can provide maximum environmental benefits. LEAF strives to offer as much locally sourced material as possible. Doing so enables them to provide genetically appropriate stock, which makes for more resilient trees able to withstand the harsh conditions of urban environments. Once the tree is planted, the homeowner will receive tips and resources through a seasonal electronic newsletter and follow up tree care advice by phone and email. LEAF provides extensive metrics and reporting back to each municipality for staff to evaluate success and satisfaction of property owners. Program Promotion LEAF provides a number of pre -developed communication and marketing materials for the City to use to promote the backyard tree planting program such as pre -developed brochures, social media posts and graphics based on our specifications for the community page ad, leisure guide, family calendar and electronic message boards. City staff prepared a draft communication plan in consultation with Corporate Communications to ensure consistent messaging. Contributions from the City of Pickering, Region of Durham, and other participating municipalities will be recognized on all promotional materials for the program. Funding City of Pickering's contribution is leveraging additional funding from the Region of Durham, local area municipalities, and property owners, for a total 2020 program budget of over $170,000.00. The City of Pickering will be invoiced for its contribution by the Region of Durham. Table 1 Total LEAF Program Contributions and Tree Planting Targets Partner Funding Tree Target Pickering $15,000.00 40 Whitby 15,000.00 40 Oshawa 15,000.00 40 Ajax 11,000.00 30 Scugog 3,000.00 8 Durham Region 80,000.00 N/A — program grant — fixed program costs, planning, staffing, marketing, educational materials, tracking, reporting, admin, insurance, WSIB, etc. Private property owners (*$220 per tree/ -158 trees) 34,760.00 158 Total $173,760.00 *average cost of a tree. The actual total program value will be determined by the number of trees planted and species selected. PLN 09-20 June 15, 2020 Subject: LEAF Tree Planting Program Page 5 As part of the 2021 budget process, this funding allocation will be reviewed as part of a detailed program evaluation to determine the merit of continued program delivery and future contributions by the City of Pickering, Region of Durham and local area municipal partners. Appendix Appendix I Durham Local Enhancement and Appreciation of Forests (LEAF) Organization's Program Agreement 2020 Prepared By: C)Actt Aim Approved/Endorsed By: I/ ft, Chantal Whitaker, BESc (Hons), CSR -P Kyle Bentley, P. Eng. Supervisor, Sustainability CW:Id Director, City Development & CBO Recommended for the consideration of Pickering City Council Tony Prevedel, P.Eng. Chief Administrative Officer Appendix I to Report PLN 09-20 Durham Local Enhancement and Appreciation of Forests (LEAF) Organization's Program Agreement 2020 LEAF BACKYARD TREE PLANTING PROGRAM AGREEMENT Effective the 1st day of July, 2020 BETWEEN: 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 (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 a grant totaling $128,000 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 la) 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, 2020 and terminate on June 30, 2021 (the "Term"). The parties may extend the Term of the Agreement at any time, by mutual agreement. Section 3: RESPECTIVE ROLES OF LEAF AND 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: 2020 DELIVERABLES 4a) LEAF agrees to achieve, at a minimum, the following deliverables during the Term of this Agreement: plant at least 128 trees (3 shrubs equals 1 tree) according to the distribution set out in Section 6a); II. reach at least 500 residents 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 a Summary Report to the Municipal Partners by December 15, 2020 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. 5c) 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 payment schedule and LEAF agrees to complete the following tree targets during the Term of this Agreement: Partner Funding Pay to Pickering $15,000 Durham Region Payment Tree Target Deadline July 15 Whitby $15,000 Durham Region July 15 Oshawa $15,000 Durham Region July 15 Scugog $3000 Durham Region $128,000 Durham Region LEAF July 15 40 40 40 8 Aug 1 Total Trees 128 6b) LEAF covenants and agrees to administer the $128,000 provided by the Municipal Partners in support of the Program (the "Grant") as follows: 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. 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 Artscape Wychwood Barns 601 Christie St, Suite 253 Toronto, ON M6G 4C7 Janet McKay, Executive Director 416-413-9244 1 1-888-453-6504 Lanet@yourleaf.org The Regional Municipality of Durham 605 Rossland Rd. E. Whitby, ON L1N 6A3 Ian McVey, Manager of Sustainability Office of the Regional Chair & CAO 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 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 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 Cameron Murphy Public Works Technologist 905-985-7346 x150 cmurphy(@,scugoq.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 Execut Signature: Date: May 19, 2020 THE REGIONAL MUNICIPALITY OF DURHAM Name: Title: 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: Matthew Gaskell Title: Chief Administrative Officer Signature: Date: Name: Kenneth R. Nix Title: Commissioner of Corporate Services / Treasurer Signature: Date: THE CORPORATION OF THE TOWNSHIP OF SCUGOG Name: Title: Signature: Date: