Report to: General Committee                                                 Report Date: February 22, 2010

 

 

SUBJECT:                          Stiver Mill Farmers’ Market post-season review

PREPARED BY:               Katie Burns x 5283, Victoria McGrath x 7516

 

 

RECOMMENDATION:

1)                  That the staff report titled Stiver Mill Farmers’ Market post-season review, dated February 22, 2010, be received;

2)                  And that permission be granted to the Unionville Village Conservancy (UVC) 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 June to Thanksgiving 2010, 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 UVC;

4)                  And that the Asset Management Department consider fencing the Stiver Mill property;

5)                  And that staff work with the UVC, the Markham Village BIA and other stakeholders to promote Markham farmers’ markets and the local food agenda;

6)                  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 a post-season review to Council on the Stiver Mill Farmers’ Market in Unionville and the promotion of Markham’s farmers’ markets for the 2009 season, and to recommend that the Stiver Mill Farmers’ Market continue in the same location in 2010. 

 

BACKGROUND:

The Unionville Village Conservancy (UVC), formed from members of the Unionville Villagers Association, a local property owner’s association, approached then-Ward 3 Councillor Virgilio in May 2009 with a request for permission to have a trial farmers’ market at the Unionville Train Station Community Centre east car park, next to Main Street Unionville, on Sundays 10 am to 3 pm from July to Thanksgiving 2009.  They anticipated that the farmers’ market would include approximately twenty vendors.

 

The UVC is a citizen group that 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 Banerjee. 

 

 

 

 

 

Location

The UVC initially sought permission for the farmers’ market to be located at the Unionville Train Station Community Centre in order to provide access to the washrooms and garbage bins at this location. The Train Station is, however, rented every weekend each summer and is also used in July and August by the Unionville BIA for special events. As a result, the Unionville Train Station was not a viable option.

 

For 2009, the farmers’ market was located in the parking area southwest of the Stiver Mill building (See Map, Figure 1).  The property is located within the Unionville Heritage Conservation District. The UVC are satisfied with this location and wish to continue the farmer’s market in the same location.

 

OPTIONS/ DISCUSSION:

The 2009 Stiver Mill Farmers’ Market post-season review:

The Stiver Mill farmers’ market was well-received by the community and provided an opportunity for the community to gather, connect and enjoy the market.  The market included twelve booths, comprising:

·        Four local farmers from Markham and Stouffville providing produce, fruit, pies and preserves

·        Two BBQs

·        Community associations

It is estimated that 8,000 -10,000 people attended the farmers’ market over the season. Booths cost $30 for the first booth and $20 for subsequent booths. The Stiver Mill Farmers’ Market Financial Review is attached as Appendix 2 and provides an overview of the expenses and outcomes of the market in its first season.

 

The farmers’ market offered cotton bags, which lessened plastic bag use and included a hand washing facility-washroom on site at all times of market operations for vendors and public alike. All vendors were responsible for their garbage removal. Most attendees of the market walked from home or the Main Street and parking was generally not a problem.

 

Legal Agreement with UVC

A formal agreement (Agreement) with UVC and the Town of Markham was signed for 2009 and will be required for future seasons.  The Town’s Legal Department and the Business and Risk Analyst in Finance provided guidance in establishing the appropriate documentation (with UVC and, if necessary, the market vendors) to protect the Town against legal liability.  The 2009 agreement with the UVC addressed the following issues:  

-         The Town was named as an additional insured party on the policies of all parties involved in the market (farmers/vendors, UVC, etc.)

-         The farmers/vendors had a minimum of $2 million of Commercial General Liability (CGL) insurance which must include product liability

-         The Agreement with UVC detailed who is responsible for property damage to the Town facilities, and it was not the responsibility of the Town

-         The Agreement included a hold harmless clause, holding the Town harmless for the activities of the market

-     The Agreement included reference to the need for the UVC to comply with the Town’s Special Events Policy

Agreements in future seasons will be required to address all of these issues.

 

By-Laws Applying to Farmer’s Markets on Town Property

In addition, in order to facilitate the farmers’ market at this location, the 2009 agreement required the UVC read and comply with all applicable Town By-Laws. All By-Laws were complied with in 2009 and there were no complaints from the neighbours.  If the Stiver Mill Farmers’ Market operates in 2010 and beyond, the requirement to read and comply with all applicable Town By-Laws should be included in the 2010 agreement.

 

The following By-Laws apply to the use of Town property at the Stiver Mill:

By-Law 202-303 (By-Law to License and Regulate Mobile Vendors)

Ø      By-Law 202-303 applies to the proposed farmers’ market and should be referenced in any Agreement between UVC and the Town. 

Ø      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 license 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)

Ø      By-Law 279-96 applies to the proposed farmers’ market and should be referenced in any Agreement between UVC and the Town. 

Ø      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 Markham)

Ø      By-Law 167-92 applies to the proposed farmers’ market and should be referenced in the Agreement between UVC and the Town.

 

Assistance to the Stiver Mill Farmers’ Market

The Town assistance provided to the Stiver Mill Farmers’ Market included site preparation and maintenance, and promotion such as the Town Page in the Economist & Sun and the Town website (i.e. calendar), posters in community centres and banners.  The Operations Department cost breakdown is attached as Appendix 1.  In an effort to promote the farmer’s markets, as part of the Healthy Communities action plan under the Environment pillar of Building Markham’s Future Together, Markham provided a banner for both the Markham Village BIA and the Stiver Mill farmers’ market in 2009 and provided space on the Main Streets to hang the banners. The farmers’ market and their vendors provided materials such as canopies, barbeques and weekly set-up and take-down including extra waste removal, tents or supplies, electrical supply, barricades, wash stations and insurance.

 

Neighbour Concerns

Generally, the neighbours around the Stiver Mill Farmers’ Market were supportive of the market location.  However, two neighbours fronting on the farmers’ market site were significantly impacted in terms of loss of privacy during the operation of the farmers’ market. These neighbours have asked the Town for assistance with providing privacy fencing at the rear and side of their yards. Staff  recommend that the Asset Management Department, in the Community and Fire Services Commission, consider fencing the Stiver Mill property as part of the process of securing the Mill until such time as a decision is made on the Mill’s future.

 

2010 Stiver Mill Farmers’ Market

The UVC has expressed a desire to continue operating the Stiver Mill Farmers’ Market and, if this use is approved, will enter into an agreement with the Town to use the same location in 2010. Staff has no concerns with the UVC continuing to use this location for the Stiver Mill Farmers’ Market, however, it is expected that the UVC will comply with the Town’s Special Events Policy which includes providing a zero waste venue, insurance and portable toilets.

 

CONCLUSION:

In conclusion, the Stiver Mill Farmers’ Market was successful in 2009 and staff recommend that permission be granted to the UVC by way of an agreement/permit to use Town of Markham property, and that the Stiver Mill Farmers’ Market continue to comply with the Town’s Special Events Policy. Staff do not recommend providing direct financial assistance to the Stiver Mill Farmers’ Market.

 

The farmers’ market has served as an opportunity for the neighbourhood to gather, provided the community with access to fresh produce and products and vendors with an economic opportunity, and raised considerable awareness regarding the historic Stiver Mill.

 

FINANCIAL CONSIDERATIONS AND TEMPLATE:

Operations’ staff provided a breakdown of costs associated with supporting the Sitver Mill Farmers’ Market for 2009 (Appendix 1).

 

The UVC provided an analysis of their expenses for the 2009 season operating the Stiver Mill Farmer’s Market (Appendix 2).

 

HUMAN RESOURCES CONSIDERATIONS

Not applicable.

 

ALIGNMENT WITH STRATEGIC PRIORITIES:

With the environment as a strategic priority, as part of the action plan promoting Healthy Communities, farmers’ markets have been identified as an important element of local food promotion and security.

 

BUSINESS UNITS CONSULTED AND AFFECTED:

Sustainability Office

Recreation

Operations

Asset Management

Legal

By-Laws

Planning (Heritage)

 

RECOMMENDED

                            BY:    ________________________          ________________________

                                      Victoria McGrath, Director                 John Livey, CAO

                                      Sustainability Office

 

 

 

 

ATTACHMENTS:

Figure 1 – Area Context (7 & 9 Station Lane)

Appendix 1 – Operations’ Department cost breakdown

Appendix 2 – Stiver Mill Farmers’ Market Financial Review