The Corporation of Delta COUNC~L REPORT Regular Meeting Fa 13 To: Mayor and Council File No.: 14035-20/ChaP From: Parks, Recreation & Culture Department Date: June 19, 2015 Burnsview Secondary School/Chalmers Park Memorandum of Understanding The following report has been reviewed and endorsed by the Chief Administrative Officer. II RECOMMENDATIONS: A. THAT the memorandum of understanding between the Corporation of Delta and the Delta School District No. 37 to enhance Chalmers Park be approved, generally in the form presented (Attachment A). B. THAT the Mayor and Municipal Clerk be authorized to sign the memorandum of understanding on behalf of the Corporation of Delta. II PURPOSE: To approve the establishment of a memorandum of understanding between the Corporation of Delta (Delta) and the Delta School District No. 37 (District) for the provision of resources toward the enhancement of environmental, community and recreational aspects at Chalmers Park. II BACKGROUND: At the April 16, 2015 meeting of the Parks, Recreation & Culture Commission (Commission), a delegation of students from the Environmental Studies Class at Burnsview Secondary School (Students) was received. The Students presented their plan to enhance portions of the urban forest on District property, and are seeking an agreement with Delta to enable them to enhance adjacent portions of Chalmers Park to provide more community gathering space. The Students provided a similar presentation to representatives of Delta and the District through the Delta Council/Delta Board of Education Liaison Committee, and the presentation and associated proposals were met with support. Chalmers Park is located at 11400 76A Avenue in North Delta, adjacent to Burnsview Secondary School. At 4.75 hectares, Chalmers Park contains a number of formal and informal recreational features, including a baseball diamond, playground, athletic field, tennis courts and trails. Chalmers Park hosts the annual Canada Day celebrations in North Delta.
Page 2 of 3 Burnsview High School/Chalmers Park Memorandum of Understanding 14035-20/ChaP June 19, 2015 The presentation provided by the Students outlined their plan to encourage community recreational use of Chalmers Park, establish a rain garden and promote the arts in Delta through permanent placement of kiosks for poetry and art produced by students of Burnsview Secondary School (School). Council Policy: Council approves all legal agreements. III DISCUSSION: The heavily treed area on the west side of Chalmers Park contains a number of trails and covers about 1.25 hectares. This space is the focus of the planning and visioning work conducted by the Students to guide their design proposal. The Students determined that they wanted their proposed project to be sustainable and to create a sense of place within the community. The Students conducted an impact assessment to determine if a project focused on improving the community's experience in and around the treed area of Chalmers Park would be beneficial to attendees of the School. Based on data provided by the District, 201 students of the School live in the catchment area to the east of the School, which means all or a portion of Chalmers Park lies between their residence and their School. The Students believe that improvements to Chalmers Park would directly benefit this segment of the School's population. With guidance from their vision, the Students undertook initial design work focused on the rain garden location, trail management needs and infrastructure placement for features such as benches, tables and kiosk locations for artistic expressions. The Students engaged local citizens through a petition to determine community support for the conceptual design. With a limited geographic focus for resident engagement, the Students were able to gather 152 signatures of support for their conceptual design. The proposed memorandum of understanding between Delta and the District supports the implementation of the conceptual design led by the Students. Highlights of the memorandum of understanding include: collective efforts to add nine commercial exhibition kiosks, thirteen benches, three picnic tables, two garbage cans, two recycling bins and six lamp standards to Chalmers Park, in an effort to create a place for community gathering; the principle is that the District funds capital investments presented by the Students, and Delta either supports the ongoing efforts of the Students in the maintenance of the pathways and the rain garden, or assumes the operational responsibilities of the project where the resources would not be easily transferred to the Students;
i Page 3 of 3 Burnsview High School/Chalmers Park Memorandum of Understanding 14035-20/ChaP June 19, 2015 artistic treatment of the face of a retaining wall which supports an athletic field at Chalmers Park and borders District property as a promotional opportunity related to the Students' planned efforts in Chalmers Park and the associated environmental studies values; and equal recognition of Delta and the District in the delivery of community amenities that result from the memorandum of understanding. At its June 18, 2015 Regular Meeting, the Parks, Recreation & Culture Commission endorsed the recommendations contained within this report. Implications: Financial Implications - The memorandum of understanding does not obligate Delta to a specific financial commitment. The small scale and multi-year timing of these items can be accommodated within the existing budget. CONCLUSION: The proposed memorandum of understanding will support the Students in their efforts to enhance portions of Chalmers Park and create a gathering place that all residents of Delta can enjoy. Ken Kuntz Director of Parks, Recreation & Culture Department submission prepared by: Todd Stewardson, Deputy Director, Parks, Recreation & Culture TS/dc/sl. ATTACHMENT: A. Memorandum of Understanding 11 If I, II.1,.
Page 1 of 7 MEMORANDUM OF UNDERSTANDING Dated for reference as of the _ day of, 2015 BETWEEN: AND: THE CORPORATION OF DELTA 4500 Clarence Taylor Crescent Delta, BC V4K 3E2 ("Delta") DELTA SCHOOL DISTRICT NO. 37 4585 Harvest Drive Delta, BC V 4K 5B4 ("District") WHEREAS: A. Delta is the registered owner of the following lands and premises situated in the municipality of Delta legally described as: 11400 76A Avenue, Delta, British Columbia Parcel Identifier: 008-643-709 L T 390 SEC 24 TWP 4 NWD PL 39658 ("Chalmers Park") B. The District wishes to, through the Environmental Studies Program at Burnsview Secondary School, provide service to the community of Delta through the creation of additional community social and recreational amenities that are accessible to all residents. C. Delta and the District are interested in a possible future relationship which would involve the District funding and undertaking work on approved capital projects in Chalmers Park. D. Delta and the District have created this Memorandum of Understanding ("MOU") to generally set out the objectives of this relationship and potential role each party may play in the provision of capital projects in Chalmers Park.
Page 2 of 7 General Terms 1. MOU Non-Binding Delta and the District intend that this MOU be used to facilitate planning, funding and implementation steps regarding potential community amenities in Chalmers Park. Delta and the District agree that this MOU does not in any way create any legally-binding rights or obligations on either party. 2. Definitions In this MOU, the following words have the following meanings, unless the context otherwise requires: a) "Students" mean the attendees of Burnsview Secondary SChool who are enrolled in the Environmental Studies Program at the time that they undertake activities associated with this MOU in Chalmers Park. b) "Plaza" means a space within Chalmers Park which is designed to encourage congregation of residents and students, and could include lighting, benches, tables, waste and recycling receptacles. b) "Pathway" means any linear pedestrian focused amenity with the designed purpose of transportation. c) "Wall" means the concrete retaining structure which supports the athletic field at Chalmers Park and is adjacent to District property. d) "Rain Garden" means a planted depression which encourages rainwater runoff from adjacent areas and supports improved water quality in nearby bodies of water and to ensure that rainwater becomes available for plants as groundwater. e) "Kiosk" means any commercial grade, permanent, secured structure designed to publicly exhibit visual or written artistic works produced by attendees of Burnsview Secondary School. f) "Supporting Amenities" means infrastructure placed in Chalmers Park to support the community's use of the Plaza, Pathway(s), Wall, Rain Garden or Kiosks and includes but is not limited to benches, picnic tables, garbage cans, recycling bins and lamp standards.
Page 3 of 7 3. District Role The District agrees: a) to conduct fundraising efforts for the purpose of providing funding for the design and construction of a Plaza, additional Pathway(s), Kiosks, Rain Garden or beautification of the Wall, as generally presented in Schedule A, with estimated quantities of Kiosks and Supporting Amenities as follows: i. nine (9) Kiosks ii. iii. iv. thirteen (13) benches three (3) picnic tables two (2) garbage cans v. two (2) recycling bins vi. six (6) lamp standards for Pathway lighting. b) to fund the replacement, when and as necessary, of all Kiosks and Supporting Amenities implemented as a result of this agreement. c) to educate the Students regarding environmental stewardship, using the planning, design, construction and ongoing maintenance of the Plaza, Pathway, Kiosks, Rain Garden, Wall and Supporting Amenities to support this education. d) through the Students, to i. tend to and clean the Pathways in Chalmers Park; ii. iii. iv. use the Wall for purposes related to the promotion of principles taught through the Environmental Studies Program, including but riot limited to artistic treatment of the Wall; maintain the Rain Garden through monthly removal of any invasive species; change the visual or written artistic works featured in the Kiosks on a bi-monthly basis; and, v. report any damage found in Chalmers Park to Delta. e) provide funding for the engagement of professional services related to the planning and implementation of works related to the Plaza, Pathways, Kiosks, Rain Garden, Wall and Supporting Amenities in any instance where
Page 4 of 7 4. Delta's Role Delta or the District cannot provide the professional services through existing staff or community contacts. Delta agrees to: a) provide professional services of Delta staff to assist with the planning and implementation of works related to the Plaza, Pathways, Kiosks, Rain Garden, Wall and Supporting Amenities involving the Students, including engaging professional services where required. b) conduct all ongoing operational aspects of Chalmers Park, including the regular maintenance of the Plaza, Pathways, Kiosks, Rain Garden, Wall and Supporting Amenities, in accordance with park maintenance standards as defined by Delta. c) provide supporting expertise, equipment and materials for the Students to complete their role as outlined in 3. c), including but not limited to: i. pathway construction materials and manually powered equipment, where applicable, to support the maintenance and cleaning of the Pathways; ii. iii. iv. horticultural materials and manually powered equipment, where applicable, to support the maintenance and cleaning of the Rain Garden; paint or other applicable artist materials required for the artistic treatment of the Wall; and, anti-graffiti coating for the Wall and Kiosks where applicable. d) monitor, inspect and repair any of the Kiosks and Supporting Amenities that are implemented as a result of this agreement. e) engage the Delta Police Department to work collectively with the parties to ensure that the design work associated with the Plaza, Pathway, Kiosks, Rain Garden and Wall support the overall safety of the residents of Delta. f) work cooperatively to support the District in funding opportunities related to the Plaza, Pathway, Kiosks, Rain 'Garden and Wall, whenever possible, that are congruent with Delta's interests as a whole. 5. Mutual Responsibilities
Page 5 of 7 Delta and the District agree that: a) the Plaza, Pathways, Kiosks and Supporting Amenities will be located at the sites generally identified in Schedule A. b) all designs, specifications and plans related to the Plaza, Pathway, Kiosks, Rain Garden, Wall and Supporting Amenities are subject to mutual approval by Delta and the District. c) Delta has no financial commitments, including capital investment, in the Plaza, Pathways, Kiosks, Rain Garden, Wall and Supporting Amenities unless expressly identified by Delta in a separate agreement. d) Delta and the District are recognized as equal partners in the delivery of the Plaza, Pathways, Kiosks, Rain Garden, Wall and Supporting Amenities resulting from this MOU. e) the involvement and recognition of any additional party in the Plaza, Pathways, Kiosks, Rain Garden, Wall and Supporting Amenities will be subject to mutual agreement of Delta and the District. f) in order to receive consideration for recognition in the Plaza, Pathways, Kiosks, Rain Garden, Wall and Supporting Amenities, an additional party's involvement must include provision of financial resources that could not be realized by Delta and the District without the involvement. of the additional party.
Page 6 of 7 IN WITNESS WHEREOF, authorized signatories of Delta and the District have executed this Memorandum of Understanding as of the _ day of 2015. THE CORPORATION OF DELTA by its authorized signatories Lois E. Jackson, Mayor Robyn Anderson, Municipal Clerk DELTA SCHOOL DISTRICT NO. 37 by its authorized signatories
Page 7 of 7 Schedule A t',(\,(\\, r \'r