COMMUNITY GARDEN REQUEST – GAME ROAD NATURE PARK (Historical Report)

TOWN OF VIEW ROYAL Council Report

TO: Council FROM: S. Jones, Dir. Corp. Admin. DATE: April 25, 2012 MEETING: May 1, 2012

COMMUNITY GARDEN REQUEST – GAME ROAD NATURE PARK

RECOMMENDATION:

THAT the request to establish a community garden in Game Road Nature Park in 2012 be declined.

CHIEF ADMINISTRATIVE OFFICER’S COMMENTS:

I concur with the recommendation.

PURPOSE OF REPORT:

To describe a request made to establish a community garden in 2012 in Game Road Nature Park.

TIME CRITICAL:

The proponent would like to undertake the project for the 2012 growing season. A community gardens policy will be available for the 2013 growing season.

BACKGROUND:

A View Royal strata resident has requested permission to locate a garden plot within the Game Road Nature Park in 2012.

Staff has recently completed research into various community garden policies of other municipalities and, based on that information, has begun to draft a Town of View Royal community gardens policy.

DISCUSSION:

Game Road Nature Park was received by the Town from Limona Construction at the time of the Stone Ridge subdivision (see Attachment “A” for air photo of park). Over time there has been some broom pulls undertaken in the area though the site has otherwise had little direct park development. While a title search shows no legal restrictions with respect to use and site maintenance, staff understand that the intent at inception was that the vegetation remain in place at the site (has Garry oaks and large conifers).

Earlier this year a resident in a nearby strata requested that they be permitted to establish a garden within Game Road Nature Park.

While the use of public land for gardening is an intriguing one, it is an initiative that should be done properly from inception as opposed to implementation through a piecemeal or “one-off” approach. As such, the request is premature as staff do not yet have the tools in place to address outstanding issues such as:

liability insurance;
irrigation;
access (both access with respect to fencing as well as hours of the day/months of the year gardening can occur);
on-site composting;
parking; and
zoning.

As noted above, research has been completed on community garden policies and staff is tailoring a community gardens policy that will reflect the Town’s resources. Once established, the proposed policy will provide a step-by-step process to facilitate various community garden initiatives throughout the municipality. Community garden management is envisioned to occur through non-profit community garden organizations whereby the non-profit enters into a user agreement with the Town (that addresses the bulleted areas above) and essentially undertakes the operation of the community garden on Town-owned land. One of the benefits of this arrangement is that Town staff would deal only with one representative of a larger group and that the day-to-day garden operations are through the non-profit. In the face of limited resources, it is not feasible for staff to deal with one-off circumstances.

With respect to the specific request for the Game Road Nature Park, the proponent has noted that for 2012 the initiative could be a “test run” to determine site feasibility and that the garden(s) would be irrigated from a hose from one of the strata units into the Park.

This “test run” approach leaves many unanswered questions and areas of concern including 1.) lack of neighbourhood consultation for the location; 2.) limited sun exposure due to the site’s tree cover; 3.) exclusivity of the participant group; and 4.) liability insurance. As well, Garry oak ecosystems are sensitive environments and changes to soil moisture in the area could negatively impact the future sustainability of that ecosystem.

The proposed policy will have a list of “pre-approved” sites for community gardening use and describe neighbourhood consultation requirements (to be undertaken by the non-profit group) for other sites that are not on the pre-approved list. It is not anticipated that the Game Road Nature Park would be on that list for a variety of reasons including, but not limited to, Garry oak ecosystem preservation, lack of sunlight, and lack of irrigation and parking.

With respect to liability insurance, any gardening on municipal land should have insurance and such insurance should list the Town as an additional insured on the policy given that the undertaking is for personal purposes and is not being done in the course of work for the Town.

The potential short-term gains from proceeding now do not outweigh the long-term benefits that a lasting legacy of well-envisioned community gardens policy will provide.

RESOURCE IMPLICATIONS:

Policy development to date has been undertaken internally. Some legal advice will be sought for the finalization of a template user agreement.

ALTERNATIVES TO THE RECOMMENDATION:

Permit the installation of a garden or gardens by individuals from the strata without written agreement. This decision should still be accompanied by a requirement that the proponent provide proof of insurance with this insurance to list the Town as an additional insured on the policy.

This alternative does not address the outstanding matters identified in this report including lack of neighbourhood consultation; creation of space that is exclusive for an individual or small group; and the site limitation for sun exposure.