The purpose of this report is to respond to the following Community Services Committee Direction of May 4, 2010:

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1 Report To: Community Sewices Committee Item: Date of Report: CS June 4,2010 Stan Bertoia File: Date of Meeting: Commissioner F-6120 June 15,2010 Subject: Proposed Community Garden All PUBLIC MEETING 1.0 PURPOSE The purpose of this report is to respond to the following Community Services Committee Direction of May 4, 2010: "That report CS dated April 26, 2010 concerning a proposed community garden at the Oshawa Municipal Airport, be referred back to staff to investigate alternative sites and simultaneously identify possible solutions to obstacles at the airport locations and report back at the June 15, 2010 CSC meeting with the intention of a September start-up of the community garden." This report also outlines proposed requirements and protocol for future community gardens on City land. 2.0 RECOMMENDATION That the Community Services Committee recommend to City Council: 1. That the Legends Centre site as shown in Attachment 1 be designated for the development of a community garden; 2. That the Mayor and Clerk be authorized to execute an agreement with the Foundation for Building Sustainable Communities in a form satisfactory to the Commissioner of Community Services and the City Solicitor for the operation of a community garden at the Legends Centre; 3. That the proposed requirements and protocol for a community garden in on City land Attachment 2 be endorsed; and, 4. That a copy of this report be forwarded to the Foundation for Building Sustainable Communities.

2 Report to the Community Sewices Committee (Continued) -2- Meeting Date: June 15, EXECUTIVE SUMMARY On May 4, 2010, the Community Services Committee directed staff to investigate alternative sites for a community garden with the intention of a September start-up. Investigation into suitable sites for the proposed community garden was undertaken by staff and Ms. Joan Kerr, President of the Foundation for Building Sustainable Communities (FBSC). Five (5) sites including the Oshawa Airport, Stone Street Park, Legends Centre, Woodview Park and Knights of Columbus Park were evaluated based on criteria developed by staff and Ms. Kerr to ensure the success and long term sustainability of the community garden. The results of the site evaluation is that the preferred location is the Legends Centre. This location has the potential for 80 garden plots and an option to develop raised accessible garden beds. An aerial photograph of the location at Legends Centre is appended in Attachment 1. The Legends Centre community garden can be prepared for a September 2010 start up. An agreement is required between the community garden applicant and the City setting out the terms and conditions for the operation. The proposed requirements and protocol for a Community Garden on City land is appended in Attachment 2 for endorsement which outlines the set up, operation and code of conduct for the community garden for use at Legends Centre, North Oshawa Park and for other community gardens in the future. 4.0 INPUT FROM OTHER SOURCES 4.1 General 9 Ms. Joan Kerr, President of the FBSC 9 Mr. Bernie Gothham, area resident providing input on the North Oshawa Community Garden 9 Recreation Services 9 Legal Services 9 Risk Management Officer, Corporate Services 4.2 Auditor General 9 The Auditor General has no comments.

3 Report to the Community Services Committee (Continued) -3- Meeting Date: June 15, ANALYSIS 9 On May 4, 2010, the Community Services Committee directed staff to investigate alternative sites for a community garden with the intention of a September start-up of the community garden. 9 Investigation into suitable sites for the proposed community garden was undertaken by staff and Ms. Joan Kerr, President of the Foundation for Building Sustainable Communities (FBSC). 9 Five (5) potential community garden sites were identified based on having sufficient open space for the development of a community garden. 9 The 5 sites include the Oshawa Airport, Stone Street Park, Legends Centre, Woodview Park and Knights of Columbus Park. 9 Donevan Community Centre was suggested as a potential site however was not further reviewed as sufficient lands are not available. 9 Staff worked with Ms. Kerr to establish an evaluation process, preferred criteria and - weighting factors to rate each location. 9 The preferred criteria included available water, site preparation, location preference based on current interest, accessibility, washrooms, transit, security, parking and shade. 9 The Oshawa Airport and Knights of Columbus Park sites did not meet the preferred criteria. 9 Staff understand that the FBSC is still interested in pursuing the airport site for a community garden in the future. 9 Staff and Ms. Kerr visited the top three (3) sites which were Legends Centre, Stone Street Park and Woodview Park to further assess the sites. 9 Staff and Ms. Kerr jointly completed the evaluations of each site and have agreement that the Legends Centre is the preferred site. 9 The Legends location has the potential for 80 garden plots and an option to develop raised accessible garden beds. 9 An aerial photograph of the proposed location for the community garden is appended in Attachment 1.

4 Report to the Community Services Committee (Continued) -4- Meeting Date: June 15, Soil preparation at the Legends Centre site is proposed to be completed by the FBSC over the summer months in order to have the site available for a September 2010 start UP. 9 On an interim basis for 2010 water can be made available from the Legends Center. 9 A new outdoor water supply and meter is proposed to be installed on the outside of the Legends Centre building to service the community garden and will be included for consideration in the Budget 9 An agreement is required between the FBSC and the City to set out the terms and conditions for the operation of the Legends Community Garden. 9 Joan Kerr has advised that the FBSC is incorporated and thus able to legally enter into an agreement with the City. 9 The requirements and protocol for a community garden on City land is appended in. Attachment 2 outlining the requirements and conduct for the set up and operation of a community garden on City land. 9 It is proposed that the requirements and protocol for a community garden on City land be used as the basis for implementing community gardens on City land at the Legends Centre, North Oshawa Park Community Garden and other community garden locations in the future. 9 The North Oshawa Community Garden is currently under construction as part of the North Oshawa Park Redevelopment Project. 9 A group of residents have provided comments on the community garden design but have not incorporated their group or formally advised the City that they are requesting to run the community garden at North Oshawa Park. 9 Staff have spoken with Mr. Bernie Gotham who has been the key community representative for the development of the North Oshawa Park Community Garden. 9 Mr. Gothham advises that he feels the proposed requirements and protocol for a community garden on City land is fair and reasonable. 6.0 FINANCIAL IMPLICATIONS 9 There are no financial implications associated with this report. 9 Funding for the installation of an outdoor water supply and meter at the Legends Centre will be included for consideration in the Budget.

5 Report to the Community Sewices Committee (Continued) -5- Meeting Date: June 15, RESPONSE TO THE COMMUNITY STRATEGIC PLAN Mike Molinari, Director Parks & Environmental Services Community Services Department

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7 Attachment 2 June 15,2010 Requirements and Protocol for Community Gardens on City Land When a Community Garden is approved for development on City Property it shall be administered by the applicant and governed by a license agreement subject to the following responsibilities. The Applicant may be an individual, a partnership or a corporation legally capable of entering into a license agreement with the City and must operate on a not for profit basis. The Citv of Oshawa shall: Provide a location suitable if available for the development of a Community Garden. Make reasonable efforts to provide access to existing water supply and washrooms. Assume no responsibility or liability for the Community Garden or for the Community Garden Organization, including among others items, tools, equipment and produce. The Applicant shall: Develop, manage and operate the community garden according to the agreement. The agreement term shall be for 1 year w~th the right to four additional 1 year automat~c renewals Obtain a commercial general liability insurance policy satisfactory to the City with per occurrence limit of not less than five mill~on dollars ($5,000,000) naming the Corporation of the City of Oshawa as addit~onal insured. Manage, develop and maintain the garden at no cost to the City. Pay the City for annual water consumption. Accept responsibility for all operating costs, fencing if des~red, damage to the site and crops, and site security. Comply with all federal, provincial and local laws and regulations. Pay operating costs for portable washrooms. Indemnify and hold harmless the City and not make any claim aga~nsthe City for any reason whatsoever with respect to a Community Garden andlor its operation andlor the lease agreement. The Applicant shall develop spec~fic terms of use for the garden plots including but not limited to self-management responsibilities, rental fees, access procedures, as well as rules and regulations for gardeners. The following protocols shall be included in the terms of use and be posted and provided to each member: A code of conduct for use of the site to ensure fa~rness and respect for gardeners and their plots, materials and equipment, and the City's land and infrastructure. Requirement for community gardeners to sign an agreement for use of garden plots indicating their compliance w~th the rules and regulations. Garden plots must be maintained to a minimum standard of aesthetics and orderliness. Produce grown on the site is not for private profit

8 Community gardeners may garden at their own convenience between the hours of 6am to IOpm, seven days a week. No gardening will be conducted outside this time frame. Residents of the City of Oshawa shall be given priority for use of the garden plots. The applicant may revoke the community gardeners use agreement for reasons of non-compliance. Further, the applicant will revoke a community gardeners use agreement at the request of the City. The Communitv Gardener shall: Prepare the garden plot for planting. Supply their own seeds, fertilizer and tools for proper preparation and cultivation of crops. Clean up their garden plot by October 26'h of each year.