The Corporation of the TOWN OF MILTON Report To:

Committee of the Whole

From:

Jennifer Reynolds, Director, Community Services

Date:

October 26, 2015

Report No:

COMS-024-15

Subject:

Community Garden at Sunny Mount Park

Recommendation:

THAT COMS-024-15 be received for information; AND THAT Milton & District Horticultural Society in cooperation with the Town of Milton operate and maintain a Community Garden at Sunny Mount Park in accordance with the terms and conditions of the “Draft” Agreement attached as Schedule A; AND THAT staff be authorized to make minor modifications to the Agreement to the mutual satisfaction of both parties: AND THAT staff be directed to prepare a by-law authorizing the Mayor and Clerk to execute the Agreement

EXECUTIVE SUMMARY The Town of Milton has entered into a lease agreement with Halton Region for operation of a community garden on the Allendale campus since 1998. The Town has provided some minimal assistance to prepare the land annually while the program is managed by a group of Milton Community Garden volunteers. In an effort to address ongoing interest for additional community garden space, Town staff is recommending an agreement be entered into to provide an additional community garden located at Sunny Mount Park. The purpose of this report is to provide authority to execute an agreement with the Milton & District Horticultural Society to manage the site on an ongoing basis. REPORT Background The Town of Milton recently renewed a lease agreement with Halton Region to provide a community garden on property located on the Allendale campus (COMS-019-15). The Town provides some minimal assistance to prepare the land annually while the program is managed by a group of Milton Community Garden volunteers. The community garden at Allendale has an annual waitlist of resident’s interested in

The Corporation of the TOWN OF MILTON

Report #: COMS-024-15 Page 2 of 4

maintaining a garden plot. In addition, Town staff and members of Council receive periodic requests and inquiries about community garden space available within the Town of Milton. The current agreement between the Town and the Region is valid through to September, 2017, but the long term availability of this land to support a community garden is not known at this time. These two factors prompted the Milton community garden group to approach the Town and inquire about the possibility of developing another suitable location. Given the community benefit and ongoing popularity of the existing garden site, staff is recommending the implementation of second community garden at Sunny Mount Park. Discussion Community gardens are a growing trend in many municipalities throughout North America. As noted in the Community Services Master Plan, more and more municipalities are allocating space in municipal parks for allotment gardens as they encourage social interaction, horticultural education and awareness of the benefits of healthy diets, while they can also create enhanced safety due to the presence of gardeners during the early morning and evening hours. Community gardens fit well with the Town’s intensifying land development patterns where some residents (especially those in row homes or apartment units) may not have a yard large enough to maintain a garden of their desired size. Allotment gardens also bring about a social benefit, as evidenced by Plant a Row / Grow a Row programs across the Province, some of which grow and harvest garden foods for local food banks and soup kitchens. Halton Food Council is an organization whose goal is to increase awareness of food systems and opportunities, including the development of community gardens in Halton Region, by communication with a common voice to promote action, through a Community Garden Policy Initiative (funded by the Ministry of Health and Long Term Care’s Heathy Communities Fund). Town staff in Community Services and Planning and Development met with this group and their Consultant in April of 2014 to hear their recommendations. At the time of this meeting it was noted that community gardens were being run in all of Halton’s municipalities, however each municipality ran them unique to the other. During public consultation for Sunny Mount Park in 2012, many residents suggested that the park would be a good location to support a community garden. Upon further review, staff felt that Sunny Mount Park would be a suitable location as the site still contains reminders of its former agricultural character such as the original farmhouse and a sunny area with southern exposure in good proximity to parking and walkways was set aside within the park for a future community garden. The Town installed a fence with gates to enclose the community garden area that is approximately 23 x 43 metres in size and able to accommodate up to 46 standard size garden plots. There is also an existing garden shed on site that is structurally sound and could be utilized to store garden tools and equipment as well as a secured water tap to service the site.

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Report #: COMS-024-15 Page 3 of 4

Community Services staff met with members of the Milton Community Garden group in August and October of 2014 to discuss expansion opportunities. Similar to the Offleash Dog Park areas within Town parks, it was proposed that the Town could provide the land within the fenced area at Sunny Mount Park for the community garden and the same level of maintenance that they do on the Allendale campus. Milton Community Garden members were interested in the Sunny Mount Park site but were uncomfortable with the requirement to obtain insurance as it would significantly increase the $30 membership costs and would inhibit affordability for members. After some discussion, a meeting was coordinated between the Town, Milton Community Garden and the Milton & District Horticultural Society (MDHS) to see if the MDHS would be interested in running the community garden under their umbrella. All three parties agreed that it would be mutually beneficial for all as this may attract more members to each of the community groups. It was determined that the Milton Community Garden group could run as a sub-committee within the MDHS and be covered by their existing liability insurance at no additional cost. The current community garden at the Allendale campus will continue to run under the existing agreement between the Town and Halton Region while the Sunny Mount Park location will operate under a separate agreement similar to agreements the Town has with other community groups. Town staff has reviewed the enclosed agreement with internal departments including Engineering Services, Operations. MDHS has also reviewed the “Draft” Agreement and are excited to be part of the new Community Garden in Milton. Relationship to the Strategic Plan A Safe, Livable and Healthy Community Financial Impact The work associated with preparing the garden site is minimal and carried annually by Engineering Services as part of Sunny Mount Park operating budget. Respectfully submitted, Jennifer Reynolds Director, Community Services For questions, please contact:

Jeff Fraser 905-878-7252 x 2169

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Report #: COMS-024-15 Page 4 of 4

Attachments Schedule A: Maintenance and Use Agreement - Sunny Mount Park Community Garden

CAO Approval William Mann, MCIP, RPP, OALA, CSLA, MCIF, RPF Chief Administrative Officer

COMS-024-15 Schedule A: Maintenance and Use Agreement – Sunny Mount Park Community Garden

This Maintenance and Use Agreement made this ____ day of ____________ , 2015. BETWEEN: MILTON DISTRICT HORTICULTURAL SOCIETY (Hereinafter referred to as “MDHS”) PARTY OF THE FIRST PART -and – THE CORPORATION OF THE TOWN OF MILTON (hereinafter referred to as the “Town”) PARTY OF THE SECOND PART WHEREAS the Town owns the Lands described in Appendix “A” hereto known as “Community Garden Area” in the Town of Milton, Regional Municipality of Halton. NOW THEREFORE in consideration of the mutual covenants and agreements herein and other good and valuable consideration which the parties confirm receipt and sufficiency of, the Town and MDHS agree as follows: DEFINITIONS 1.

In this Agreement the following terms shall have the following meanings: (a)

“Agreement” means this agreement and all schedules attached to this agreement, in each case as they may be amended or supplemented in writing from time to time.

(b)

“Director, Community Services” means the Director of Community Services Department for the Town of Milton, or his/her designate.

(c)

“Lands” means the real properties described as Part of Lot 12, Concession 4, New Survey, designated as Part 1 on Reference Plan 20R-16700 (PIN 250740009) and Plan 20M-1082, Part of Block 394 (PIN 249353583) and Part of Block 393 (PIN 249353582) in Appendix “A” known as the “Community Garden Area” in the Town of Milton, Region of Halton.

(d)

“Community Garden Area” means that portion of the Lands within Sunny Mount Park outlined on Appendix “A” attached hereto. This portion of land is to be used by MDHS to produce non-invasive vegetative food, native and ornamental plants, edible berries and food perennials.

(e)

“Garden Plot” means the individual leased plots within the Community Garden Area. The plots are 3.0 x 3.0 M (10’ x 10’) in size and accessed by common walking areas.

(f)

“Maintenance” means any work duties within the Community Garden Area that is over and above planting, harvesting and weeding the garden plots.

SCHEDULES 2.

(a)

The following Appendices are attached to and form part of this Agreement: Appendix “A” consists of the park layout schematics showing the locations and extent of the Community Garden Area that will be regulated under this Agreement.

TERMS 3.

(a)

The term of this Agreement shall extend from January 2016 until December 2016. The Director of Community Services has the delegated authority to extend the agreement an additional five (5) years by the mutual consent of both parties in writing for the ensuing or subsequent year.

(b)

The Town shall have the right to terminate this agreement and the right to use the Milton Community Garden Area at any time upon delivery of written notice of termination in the event that MDHS is in breach of any of its obligations hereunder.

(c) The MDHS shall have the right to terminate this agreement at any time upon delivery of a written notice of termination to the Town. GENERAL PROVISIONS 4.

(a)

The Town agrees to allow MDHS and all of their members to utilize the Community Garden Area in Sunny Mount Park and, if garden plots are available, encourage new membership.

(b)

In return MDHS agrees to undertake and pay for all costs associated with planting, harvesting, and weeding of the Community Garden Area (see Appendix “A”) as outlined in the most current “Town of Milton Level of Service Guidelines”.

(c)

All MDHS members performing maintenance within the Community Garden Area shall complete the “Town of Milton Volunteer Program” requirements.

(d)

The Town will work with MDHS to develop the Community Garden Area and be responsible for the initial site preparation, a twice annual till in spring and/or fall as required, repair and maintenance of the fence and gates, lawn maintenance and maintaining water supply. The Town or MDHS members overseeing the Community Garden Area shall be entitled to levy charges or fees to persons wishing to receive a garden plot to reimburse the cost of funding for the Community Garden Area

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needs. MDHS agree to provide an annual plan that includes key principles such as the not for profit nature of the group and procurement of garden plots to the general public through a fair and open process. (e)

Individuals attending the Community Garden Area will access the site from Ruhl Drive and use the parking areas designated for park use.

(f)

MDHS shall maintain safe access within the site, including the requirements of the Accessibility for Ontarians with Disabilities Act, 2005 (AODA).

INSURANCE 5.

(a)

MDHS agrees that the Town is not responsible in any way for injuries or accidents suffered by any person while gaining ingress or egress to the Community Garden Area.

(b)

MDHS agrees to indemnify and hold harmless the Town from and against any claims, demands, liabilities, losses, damages or expenses suffered by the Town arising out of or in connection with the activities conducted within the Community Garden Area, as described in this Agreement. MDHS shall maintain general liability insurance providing bodily injury coverage on an occurrence basis of not less than two million dollars ($2,000,000.00). The Town shall be “named additional insured” on such policies and MDHS shall provide the Town with the certificate of this insurance.

TOWN BY-LAWS AND POLICIES 6.

(a)

The parties agree that the Town’s by-laws and policies governing the use of parks and park facilities shall be in effect over that portion of the Lands affected by this agreement.

(b)

MDHS shall report to the Town all known instances of non-compliance with the Town’s By-Laws and policies.

ADMINISTRATIVE PROCEDURES 7.

(a) MDHS shall provide written confirmation of current MDHS Executive contact information and provide written notification immediately following any changes to MDHS Executive. (b)

Special events requesting use of the facility shall require a rental permit and written consent from the Director, Community Services and shall be made a minimum of two months prior to the date of the event.

(c)

Any major installations, modifications, alterations, additions or improvements including proposed structures, signage in the Community Garden Area shall require written consent from the Director, Community

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Services and Manager, Operations, Engineering Services. Written requests shall include working drawings and specifications as required. (d)

MDHS agrees that it will not allow any garden waste, refuse, garbage or other loose or objectionable material to accumulate in or about the Community Garden Area without prior arrangement with the Town. MDHS shall be responsible for collecting trash within the Community Garden Area on a regular basis and placing in a location for regular collection by Operations staff, to be coordinated with the Manager, Operations for the Town of Milton.

MEMBERSHIP FEES 8.

MDHS agrees that membership fees or charges levied by them for use of the Community Garden Area are not to be unreasonably high and such fees, levees or change in membership fees shall be submitted annually to the Town’s Community Services Department as part of the Town of Milton’s Affiliation Program for approval prior to adoption of same.

SERVICE OF NOTICE 9.

If any notice of communication is required to be made under this Agreement, it may be delivered in person, email, by facsimile transmission, or by pre-paid register mail to:

Notice to the Town: Contact Persons:

Director, Community Services and Manager, Operations, Engineering Services Address 150 Mary Street Milton, ON L9T 6Z5 Telephone: 905-878-7252 Fax: 905-864-3222

Notice to Milton Community Garden (MCG): Contact Person:

President of Milton Horticultural Society (MDHS) (TBC) Address XXXX Milton, ON L9T XXX Telephone: 905-XXX-XXXX

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IN WITNESS WHEREOF the Parties hereto have affixed their corporate seals under the hands of the duly authorized signing officers on that behalf or signed in their personal capacity. SIGNED, SEALED AND DELIVERED this day of , 2015 at the Town of Milton, in the Province of Ontario

) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

THE CORPORATION OF THE TOWN OF MILTON

Per:__________________________c/s Mayor

Per: __________________________c/s Town Clerk

We have authority to Bind the corporation.

SIGNED, SEALED AND DELIVERED This day of , 2015 at the of in the Province of Ontario __________________________ Witness

) ) ) ) ) ) )

MILTON COMMUNITY GARDEN

Per:__________________________ Name: XXXX Title: President

__________________________ Witness

__________________________ Witness

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