HomeMy WebLinkAboutPLN 25-21Report to Council
Report Number: PLN 25-21
Date: April 26, 2021
From: Kyle Bentley
Director, City Development & CBO
Subject: Valley Plentiful Community Garden
- Draft Memorandum of Understanding
- File: D-7001
Recommendation:
1. That Report PLN 25-21 of the Director, City Development & CBO, regarding the Draft
Memorandum of Understanding with Valley Plentiful Community Garden, be endorsed;
2. That the Mayor and City Clerk be authorized to execute the Memorandum of
Understanding between the City of Pickering and Valley Plentiful Community Garden
Committee, as set out in Attachment #1 of this report, subject to revisions as may be
acceptable to the City Solicitor and the Director, City Development & CBO;
3. That the appropriate City staff be directed to take the necessary actions as per the Draft
Memorandum of Understanding; and
4. That staff be directed to report back to Council with recommendations pertaining to a
community garden policy.
Executive Summary: For the past several months, City staff have been working with the
newly formed Valley Plentiful Community Garden Committee (the “Committee”) to support the
continued operation of the community garden program located at Diana Princess of Wales
Park. In particular, staff have been working with the Committee to get the necessary
agreements and procedures in place for the 2021 season.
The agreements and procedures that govern the Community Garden Program activities
(between the Committee and its membership) include an Annual Gardener Membership
Application, Garden Membership Agreement & Code of Conduct, Hydro One Agreement
Terms and Conditions, COVID-19 Protocols Agreement, and the Conflict Resolution Policy
Procedure. The agreement that governs the obligations of the Valley Plentiful Community
Garden Committee and its membership (between the Committee and the City of Pickering) are
reflected in the Draft Memorandum of Understanding. These documents will help to create a
clear and transparent framework by formalizing expectations, rules and roles for the City,
Valley Plentiful Community Garden Committee and gardeners with respect to the use of the
Diana Princess of Wales Park.
The Draft Memorandum of Understanding (see Attachment #1) outlines responsibilities and
obligations of the City of Pickering and Valley Plentiful Garden Committee regarding the use of
designated lands at Diana Princess of Wales Park. The lands at Diana Princess of Wales Park
are owned by Hydro One and leased to the City of Pickering for public recreational purposes.
Report PLN 25-21 April 26, 2021
Subject: Valley Plentiful Community Garden Page 2
As a result, the terms and conditions that govern the operation of the Valley Plentiful
Community Garden program are set out in the Draft Memorandum of Understanding between
the City of Pickering and Valley Plentiful Garden Committee.
Financial Implications: Not applicable to this report.
Discussion: Valley Plentiful Community Garden has been a well-loved space for Pickering
residents for many years. The garden supports local food security, creates a welcoming space
for people to come together and learn, and helps others by supporting the local food bank.
As per Council Resolution #224/14, City staff are responsible to prepare and bring back to
Council agreements for those associations that have dedicated use of City facilities. Consistent
with this directive, City staff have been working with the Valley Plentiful Community Garden
since 2020 to develop and formalize an agreement and framework for the operation of Valley
Plentiful Community Garden. This framework includes the development of necessary
procedures to govern committee activities, obligations for the Committee to possess liability
insurance, and a Draft Memorandum of Understanding to permit the use of designated lands at
Diana Princess of Wales Park for the Valley Plentiful Community Garden program. The Annual
Gardener Membership Application, Garden Membership Agreement & Code of Conduct, Hydro
One Agreement Terms and Conditions, COVID-19 Protocols Agreement, and Conflict
Resolution Policy Procedure will be executed between the gardeners and the Garden
Committee. Staff have reviewed and amended each of these documents from an operational,
legal and insurance perspective.
The Draft Memorandum of Understanding will be executed between the City of Pickering and
the Garden Committee to outline the responsibilities and obligations of each party. These
agreements and forms will be reviewed annually should changes be warranted.
Planning for the future, there may be more requests for the City to consider and/or support the
formation of new community gardens. As a result, staff will review how other municipalities
have structured official policies and procedures pertaining to community gardens and report
back to Council with a recommendation in late 2021.
Attachment:
1. Draft Memorandum of Understanding
Report PLN 25-21 April 26, 2021
Subject: Valley Plentiful Community Garden Page 3
Prepared By:
Chantal Whitaker, BESc (Hons), CSR-P
Supervisor, Sustainability
Approved/Endorsed By:
Kyle Bentley, P. Eng.
Director, City Development & CBO
CW :ld
Recommended for the consideration
of Pickering City Council
Marisa Carpino, M.A.
Chief Administrative Officer
Attachment #1 to Report #PLN 25-21
Draft
Memorandum of Understanding and Garden Agreement
Between
The Corporation of the City of Pickering
and
Valley Plentiful Community Garden
This Memorandum of Understanding is between Valley Plentiful Community Garden
and the City of Pickering, and constitutes a garden agreement regarding use of Diana,
Princess of Wales Park as a community garden located at 1550P Diefenbaker Court.
City of Pickering Responsibilities
•Continue to facilitate the use of the identified site for a community garden
(subject to approval from Hydro One).
•Supply of pathway woodchips subject to availability.
•General grounds maintenance of surrounding park space and trees (not including
the fruit trees) related to grass cutting, water supply system, public pathway
maintenance and garbage pickup.
•Assist the Valley Plentiful Community Garden Committee with the communication
and promotion of garden events and initiatives, as appropriate.
Garden Committee Responsibilities
•Comply with all City of Pickering by-laws, provincial regulations and Hydro One
Terms and Conditions.
•At its own expense, arrange and maintain general liability insurance 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 signing and compliance of the following:
•Annual Gardener Membership Application;
•Garden Membership Agreement & Code of Conduct;
•Hydro One Agreement Terms and Conditions;
•COVID-19 Protocols Agreement; and the
•Conflict Resolution Policy Procedure
•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.
• If requested, provide the City of Pickering representative with signed copies of
the Annual Gardener Membership Application, Garden Membership Agreement
& Code of Conduct, COVID-19 Protocols, Hydro Agreement Terms and
Conditions for each member.
• Maintain a ‘waiting list’ for those interested in participating in the garden.
• Maintain and secure the community garden, garden sheds, compost containers,
fruit trees 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
Draft _______________________________
Name
The Corporation of the City of Pickering Date
Draft _______________________________
Name
Title
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.
Draft