Fruits and Nuts Victorious! (In Progress)

Chewning asks what first steps are to make this happen?

Janet Parker says that first steps are for parks commission move forward with policy they suggested, 6 months they have been working with parks staff, less in past two months and hope they will approve them. Already approved Wingra and Marlborough projects so they are on-going.

The Dunns Marsh Neighborhood President and also drafted the Memorandum of Understanding, he answers several legal questions for the park commissioners (because, as you will hear later, the city attorney was not there even tho many requested it and they thought she would be there.)

Lots of people left before the testimony was over. The audience was having a little fun with the issue by passing around various nuts and fruits (raspberries, currants, etc). At some points it was raining really hard, making it even harder to hear.

Chewing asked Marsha Rummel what the alders wanted, should they pass the policy or pass it along to the alders. Rummel made it clear that the alders were looking for a city wide policy.

Chewning said that Alder Rhodes-Conway said if they had the votes to pass it here because she wasn’t sure about the council.

Many comments were left by people that were read.

Testimony lasted about an hour and a half and ended around 11:00.

MATERIALS FOR THIS ITEM
These materials were not available in the room at the meeting and again, just like with the Lisa Link Visitors Center Code of Conduct the people commenting could not comment on these materials.

This is the information given to the park commissioners at the meeting and emailed to them right before the meeting:

From: Janet Parker [janetparker8@gmail.com]
Sent: Wednesday, July 14, 2010 1:13 PM
To: madison-fruits-and-nuts-core@googlegroups.com
Cc: ALL ALDERS; mleopold@boardmanlawfirm.com; emanuel_scarbrough@excite.com; annedave@chorus.net; Skidmore, Paul; Clausius, Joe; bachewning@pharmacy.wisc.edu; William Barker; Briski, Kevin; Mayor; Rutledge, Kay; LaFave, LaVonne; Bauer, Bill; Eddy, Marla; Hefty, Russ; Nan Fey
Subject: Proposal from Madison Fruits and Nuts for edible landscaping policy

Dear Parks Commission, Mayor, Parks Staff, Alders,

The topic of edible landscaping has been getting some attention lately in the city. This note is to send you Madison Fruits and Nuts’ response to the Parks Commission’s request for us to prepare a policy proposal. I look forward to seeing many of you tonight at the Parks Commission, and working with others in the months to come to craft a pro-edibles citywide policy. Thank you for your work on making Madison more fruitful!

Attached and linked are several documents. We will have paper copies of them for commissioners tonight also. These documents detail a simple process that Madison Fruits and Nuts proposes for parks department staff to interface with volunteers who want to plant and care for edible landscaping in our parks. We hope that they can also be useful for citywide policy planning.

1. Urban Edible Landscaping in the U.S., a background document of other cities that have edible landscaping and orchards programs in parks, with particular attention to their strategies of land tenure, leasing and insurance/ liability. Attached as a pdf.

2. Flower Garden Application, the form and process that Madison Parks now uses and has used for many years to work with volunteers who care for flower gardens in parks. A parks department document, which is posted here: http://www.eventsgalore.net/users/jim/application.pdf

3. Edible Landscaping Garden Application, very closely patterned on the Flower Garden Application, this is Madison Fruits and Nuts’ proposal of a format for parks to work with volunteers who want to care for edible landscaping in parks. Posted here: http://www.eventsgalore.net/users/jim/application-edible.pdf

4. Draft Edible Landscaping Memorandum of Understanding, which was requested by the Parks Commission during their May meeting, in a motion by Commissioners Skidmore / Scarborough. Attached as a pdf.

Thank you so much,

—
Please sign on to Yum! Madison Wants Public Fruit Trees on Facebook to show your support for a pro-edible landscaping city policy. www.madisonfruitsandnuts.org

Janet Parker
608-257-2748
cell: 608-239-9421
janetparker8@gmail.com

This is the email from the city attorney’s office:

From: “Zellhoefer, Anne”
To: “Briski, Kevin” , “Rutledge, Kay”
Date: Tue, 13 Jul 2010 11:43:32 -0500
Subject: Edible Landscapes in Parks

Kevin & Kay:

The Office of the City Attorney is advising that a formal agreement be entered into between the City and any organized group or groups intending to undertake the provision, maintenance and operation of edible landscapes on City park land.

A formal agreement would delineate each party’s responsibilities and risk assumptions, and rules for the use of the land such as:

· Duration of the term of use, including renewals
· Description of the use and hours of use
· Description of allowable plantings
· Obligations to maintain and care for the trees and the park land
· Obligations to pay for water, fencing, pruning, etc.
· Fee, if any
· Insurance and indemnification
· Obligation to restore the land at the end of the agreement
· Use of chemicals
· Termination provisions

Without such an agreement, the Park Division will be solely responsible for the provision of labor and funds to initiate, maintain and operate a program of edible landscapes on its park lands.

Anne Zellhoefer
Assistant City Attorney

This is the information from the Risk Manager:

From: “Veum, Eric”
To: “Briski, Kevin” , “Rutledge, Kay”
Date: Tue, 13 Jul 2010 10:26:43 -0500
Subject: Fruit and Nuts

Hi Kevin,

You asked me to put down some of my thoughts on the Fruits and Nuts proposal for this Wednesday’s Parks Commission meeting. While I am not against the Fruits and Nuts proposal, I do agree with the City Attorney’s office, the City Real Estate office and the Mayor’s office that the group should be an organized and incorporated entity, and should enter into a Lease or Use Agreement with the City that contains the City’s standard language including indemnification and insurance.

Some of the reasons supporting my views are as follows:

1. Similar treatment among groups wanting to place items within City Parks or City right of way (“ROW”). For example, community gardens and adjacent landowners that wish to put items within parks or the ROW must sign agreements with the City that require indemnification and insurance. I believe the same should apply for the Fruits and Nuts proposal.

2. Potential claim costs for the City.
a. What happens if a volunteer is injured caring for one of the fruit trees? Who will be responsible? Under our Community Garden set up, this exposure is transferred to the appropriate entity and not the City.
b. What happens if a volunteer injures a park user? Who will be responsible? Again, under our standard agreements, that exposure is placed on the entity leasing the space in the park. It does not flow back to the City and the taxpayers.
c. One might argue that the City has recreational immunity for recreational activities occurring in the parks. This is true, but just because the City may enjoy recreational immunity, that does not mean a person cannot file a claim or suit against the City. In addition, it does not mean that all situations will fall under recreational immunity. Several will not. Claims and suits that do not fall under recreational immunity have the potential to incur significant legal and damage costs. Even in those situations where the City may enjoy recreational immunity, it still has the potential to incur large legal expenses in defense of a claim or suit. These costs and expenses should be passed to the appropriate parties.

3. Operational risks (staff time and costs) for the Parks Department. This is a concern, but is better outlined by Parks staff. My concerns include additional staff time to maintain the trees, cleanup due to fruit falling on the ground, modified equipment needed to mow around low hanging branches and removal of the trees.

Eric

Eric Veum, Risk Manager
Comptrollers Office
City of Madison
608-266-5965
eveum@cityofmadison.com

DISCUSSION
Sorry, gotta run to the dentist, fun “day off” activity, eh? Bleck. Will have more later this afternoon.