Report to: General Committee Report
Date:
SUBJECT: Farmers’ Market:
PREPARED BY:
RECOMMENDATION:
1)
That the staff report titled
Farmer’s Market: Unionville Village Conservancy Proposal, dated
2)
And that permission be granted
to the Unionville Village Conservancy by way of an agreement/permit to use Town
of Markham property at the Stiver Mill on Station Lane in Unionville on Sundays
from 10 am to 3 pm from July to Thanksgiving 2009, in a form satisfactory to
the Chief Administrative Officer and the Town Solicitor;
3)
And that the Mayor and Clerk be
authorized to sign the agreement/permit with the Unionville Village
Conservancy;
4)
And that staff work with the
Unionville Village Conservancy and other stakeholders to promote the Stiver
Mill farmer’s market and local food agenda;
5)
And that staff be authorized
and directed to do all things necessary to give effect to this resolution.
EXECUTIVE SUMMARY:
N/A
PURPOSE:
The purpose of
this report is to provide staff recommendations to Council regarding the
proposal by the Unionville Village Conservancy for a trial farmers’ market in
Unionville. This report provides Council
with an analysis of the proposal as it relates to Town services and resources
and recommends that any assistance provided to the proposed farmers’ market be
similar and equitable to the assistance provided to the existing Main Street
Markham Farmers’ Market.
BACKGROUND:
The Unionville
Village Conservancy (UVC), formed from members of the Unionville Villagers
Association, approached Councillor Virgilio in May 2009 with a request for
permission to have a trial farmers’ market at the Unionville Train Station east
car park, next to Main Street Unionville, on Sundays 10 am to 3 pm from July to
Thanksgiving 2009. They anticipate that
the farmer’s market would include approximately twenty vendors.
The proposed
Stiver Mill farmers’ market would be managed by UVC in consultation with
The UVC is a
citizen group that is recently incorporated and intends to register as a
charitable organization. The Directors
of the UVC include Bob Stiver, president, Jeanne Ker-Hornell, secretary, David
Johnston, architect, Richard Talbot, and Amar Bannerjee. The UVC will fund the proposed farmers’
market and is not seeking financial assistance from the Town.
Because the UVC
would like to have the farmer’s market operating by July 2009, staff prepared
this report in an effort to respond to the proposal before Council’s summer
recess.
OPTIONS/ DISCUSSION:
Location
The UVC was
initially seeking permission for the farmer’s market to be located at the
Unionville Train Station in order to provide access to the washrooms and garbage
bins at this location. The Train Station is, however, rented every weekend all
summer by a church group and is also used on six Sundays in July and August by
the Unionville BIA for special events. As a result, the Unionville Train
Station is not a viable option in 2009.
Staff recommends
that, for 2009, the farmer’s market be located in the parking area east and
west of the Stiver Mill building (See Map, Figure 1). Staff met with the UVC and they are satisfied
with this option, however, public washrooms will be required in the vicinity.
Temporary washrooms established in Unionville will fulfill this requirement
until such time as permanent washrooms are installed.
Legal Agreement with UVC
A formal agreement (Agreement) with UVC and
the Town of
-
The Town should be named as an
additional insured on the policies of all parties involved in the market
(farmers/vendors, UVC, etc.)
- The farmers/vendors should have a minimum of $2
million of Commercial General Liability (CGL) insurance which must include
product liability.
- The Agreement with UVC should detail who is
responsible for property damage to the Town facilities, and it is not the
responsibility of the Town.
- The Agreement should also include a hold
harmless clause, holding the Town harmless for the activities of the market.
By-Laws Applying to Farmer’s Markets on Town Property
In addition, in
order to facilitate the farmers’ market at this location, the UVC would need a
“written permit issued by the Town”.
The following
By-Laws would apply to the proposed use of Town property at Stiver Mill:
-By-Law 202-303
(By-Law to License and Regulate
By-Law 202-303
applies to the proposed farmers’ market and should be referenced in the
Agreement between UVC and the Town. Pursuant to Section 2 of the By-Law,
no mobile vendor shall sell or offer to sell any product in the municipality
unless such person is in possession of a licence issued pursuant to this
By-Law. However, no license would be required under this By-Law for the
purposes of the proposed farmers’ market, as the proposed farmers’ market would
fall under the exemption for “products sold….in conjunction with and part of a
community festival” under Section 7.
-By-Law 279-96
(By-Law to Regulate the Conduct of Persons Using the Grounds at Town Owned
Property)
By-Law 279-96
applies to the proposed farmers’ market and should be reference in the
Agreement between UVC and the Town. UVC should not be exempt from
this By-Law. However, since this By-Law provides that no person may
“solicit or engage in any trade, occupation, business or calling” while on Town
property without a written permit issued by the Town, the “written permit” to
be issued by the Town could be included in the Agreement between UVC and the
Town.
-By-Law 167-92
(By-Law for the General Management and Regulation of Parks within the Town of
By-Law
167-92 applies to the proposed farmers’ market and should be referenced in the
Agreement between UVC and the Town.
Assistance to Proposed Stiver Mill Farmers’ Market
Staff recommends that
assistance to the proposed farmers’ market at Unionville Train Station be similar
and equitable to the assistance provided to the Main Street Markham Farmers’
Market.
The assistance currently
provided to the Main Street Markham Farmers’ Market is primarily in the form of
promotion such as the Town Page in the Economist & Sun and the Town website
(i.e. calendar), posters in community centres and banners. The Main Street Markham BIA and their vendors
provide materials such as canopies or barbeques or weekly set-up or take-down
including extra waste removal, tents or supplies, barricades, wash stations, insurance,
and fee to close roads.
Future Discussion of Farmers’ Market Issues and Equity
A meeting is scheduled for
FINANCIAL
CONSIDERATIONS AND TEMPLATE:
Staff reviewed
the Town’s rates for public permits and special events in an effort to
determine a fair charge for the proposed Stiver Mill farmer’s market. The
Unionville Train Station is rented at $36.50 per hour. However, because the UVC
will be operating the farmer’s market in a Town parking lot rather than a
facility/building, there is currently no charge assigned to using a Town
parking lot. As a result, staff propose the
UVC be charged
the cost of a road closure at $105 per closure which is congruent with charges
to the Markham Village Farmer’s Market.
If this rate were
used to charge the UVC for use of the Stiver Mill on Sundays from July to
Thanksgiving, the following charges would apply:
$105 x 15 days =
$1575.00
The details of
these costs will be included in the Agreement with UVC.
HUMAN RESOURCES CONSIDERATIONS
Not applicable.
ALIGNMENT WITH STRATEGIC PRIORITIES:
Within the
environment as a strategic priority, as part of the action plan promoting
Healthy Communities, farmer’s markets have been identified as an important
element of local food promotion and security.
BUSINESS
UNITS CONSULTED AND AFFECTED:
Sustainability
Office
Recreation
Operations
Legal
By-Laws
RECOMMENDED
BY: ________________________ ________________________
Victoria McGrath, Director John
Livey,
Sustainability
Office
ATTACHMENTS:
Figure 1 – Map