Soil Generation
Resource Guide
Philadelphia Community Gardens
TABLE OF CONTENTS INTRODUCTION ........................................................................................................................ 5 GARDEN LONGEVITY PLAN .................................................................................................. 6 COMMUNITY ORGANIZING ................................................................................................ 11 CAMPAIGN PLANNING .......................................................................................................... 21 COUNCILPERSONS RELATIONS.......................................................................................... 24 MEDIA SUPPORT ...................................................................................................................... 28 LEGAL.......................................................................................................................................... 31 INSURANCE ............................................................................................................................... 42 YOUR GARDEN AND CLIMATE SOLUTIONS .................................................................. 46 GARDEN NARRATIVES ........................................................................................................... 50 RESOURCE GUIDE ................................................................................................................... 58
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INTRODUCTION This guide was compiled by the ‘Protecting Gardens’ working group of Soil Generation, a coalition of Philadelphia organizations and individuals who support equity and social justice for community-managed green space, gardens, and farms through advocacy, grassroots organizing, and community education. We realized there was a need for this kind of information after watching a few of our friends struggle with land tenure for their gardens, even ones who had been tending their land for decades. We started by conducting interviews with people we knew who had gone through land tenure struggles—some successful in protecting their gardens, and some unsuccessful. But while we originally thought this guide would be helpful for gardeners whose land was on the line, the stories we heard helped us realize that organizing your garden toward longevity and community building could be helpful much, much earlier. In fact, the more organized a garden is from the start, the better its position if and when it comes under threat—but organizing your garden will also help make the space more functional, harmonious, and smoothly operational in the face of a threat or not. So, this guide has something in it for every gardener and green space advocate, whether you’ve been gardening for years or are just starting out. And if you would like to get involved in more garden advocacy, would like more support in preserving your garden, or if you have a suggestion or idea. please get in touch at: kbaxter@pilcop.org
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GARDEN LONGEVITY PLAN Plan of management for YOUR COMMUNITY GARDEN Whether you are just starting to imagine a community garden on your block, or the neighborhood garden has been around for decades, these are important questions to consider when thinking about the longevity of your community growing space. The topics that follow are a guide. You may have additional topics to consider or, perhaps, you may not need all of these. If you can answer all these questions, you have a good chance of sustaining your garden for a very long time!
Vision •
What role will our community garden play for members, the public and the local government area?
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State this in general terms.
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What sort of place will our garden be? What specific things do we hope to accomplish?
Management of site •
How will we manage organic wastes and other waste materials on-site?
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Will our garden use organic techniques or leave that decision to individual gardeners?
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Organic gardening techniques avoid the use of synthetic chemical fertilisers, pesticides and herbicides because they require precautions in their application such as wearing protective clothing, applying withholding periods before crops can be eaten and care to avoid spray drift and contamination of rainwater runoff.
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Organic, botanical chemicals also require care in their application but are considered to pose less danger to gardener and visitor health and safety and to environmental contamination.
How will we outline our proposed organic gardening practices? -
Examples: Building healthy soil to reduce pest and diseases, use of organic practices such as crop rotation, companion planting, mulching, watering, Integrated Pest Management etc
• How would we prevent runoff and fertilisers flowing onto neighbouring properties or into adjacent waterways? 6
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How would our garden harvest, store and use rainwater for irrigation?
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How will we use sustainable materials on site? -
Outline the types of materials you will use for construction and how you will store these materials safely on site. Specify what types of materials we would use for garden beds, paths and structures.
Tools • How will we maintain and store tools on site? • Where will we store building materials on-site?
Safety • How will we cover safety within the member induction process? • How will we document any accidents onsite? •
How will we communicate any safety issues on site? -
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Examples: Gardeners read through any risk reports and sign in on the community work days.
How will we store materials on-site safely (including solid and liquid composts, tools, building materials)?
Shared Spaces •
Who can have a plot? (Plots or allotments are areas allocated for gardening by individuals, families, groups of friends, schools).
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How do members apply for a plot?
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How do we allocate plots?
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Do members complete introductory workshops and working bees before being allocated a plot?
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How does a member forfeit their plot?
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How long can a plot be retained while in disuse?
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Does a plot holder need to be involved in the maintenance of shared garden areas and infrastructure? 7
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Will we start a waiting list for plots?
• Will we set up teams to manage specific areas and tasks in the shared areas? •
How often will we have working bees?
• Will we have a roster of tasks to maintain shared gardening areas and garden infrastructure such as paths, compost, structures, garden beds etc?
Dealing with common objections to new community gardens
There can be a number of common objections raised to proposals for new community gardens. They are likely to appear, if at all, during a public consultation phase before starting the community garden. Addressing these at the planning stage allows us to consider how we would deal with them.
How will we deal with: •
Odours—these may come from poorly managed compost and the use of some organic fertilisers.
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Noise
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Attraction of vandals and undesirables—the attraction of vandals and consequent damage to the community garden and adjacent areas; the attraction of people who might overnight in the garden or otherwise misuse it. On the rare occasion gardens maybe graffitied and young fruit trees may stolen. 8
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Loss of parking space for local people.
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Poor aesthetics and unsightly or messy gardens—this is a subjective appreciation that depends on how individuals think gardens should look.
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Alienation of public open space and the benefit of the community garden only to those who participate it.
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Vermin—rats and mice—are attracted to poorly maintained composts; improved composting procedures is the solution.
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Code of conduct/gardeners agreement • What will be our members’ responsibilities to other gardeners and to the community garden site? • What behaviours are appropriate? • What will be our attitude towards visitors? •
Will we develop a code of conduct for behaviour in the community garden?
Decision making process •
How often will we meet?
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How much notice do we need to give to call a meeting?
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When making a decision do we need a quorum?
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Does each member have one vote?
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How do you make minor decisions? How do you make major decisions?
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How will we make decisions - majority rule/consensus/other?
Resolving disagreement •
What will be the process for resolving major and minor conflict within the garden?
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How will we deal with conflict between individuals or between groups?
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Under what circumstances and after which processes can we excude a difficult person from the garden?
Communication
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Internal—How will we communicate with one another and between the management team and membership?
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External—How will we communicate with our stakeholders, the public and the media?
Policies Access and acceptance: •
What will be the opening times for our community garden?
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Will the garden be locked at night? When can interested people enquire about joining? Will we provide disabled access?
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Will we have a statement about acceptance of a range of people and children?
Alcohol, smoking and drugs on site: •
Should we have a no-smoking policy?
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Do we allow alcohol only at events or at any time?
Funding—How do we fund the continued operation of the community garden? 1. Types or Membership & fees. 2. Applying for grants 3. Fundraising activities •
What will be our process for recruiting and inducting new gardeners?
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How will we familiarise new gardeners with accepted practices? eg. compost production, organic gardening methods?
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Will there be a series of workshops to introduce our preferred gardening techniques?
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Are there potential partnerships with other organisations that would be mutually beneficial? How will our garden involve the local community?
The full Management Plan Template resides here: communitygarden.org.au/2011/03/08/management-plan-template/ Produced by the Australian City Farms & Community Gardens Network. You may copy, distribute, transmit & adapt this work providing this notice and adjacent logo remain on any derivative work and the original work is attributed to the Australian City Farms & Community Gardens Network. www.communitygarden.org.au
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COMMUNITY ORGANIZING
Organizing with your Community Garden Cultivating community support and participation in your garden will not only make the garden stronger, more vibrant, and more effective, but will make protecting and organizing your garden against development or other threats easier later on. A garden embedded meaningfully in community is more likely to be respected by decision-makers, as well as being able to garner popular support, in the face of threatened removal or change. This is key: the more neighbors are invested in their community garden, the stronger and more protected it becomes. Having a garden space that is created and supported by you and your neighbors takes time and effort, but there is nothing as rewarding as a growing space in which many people participate and find value. This guide is adapted with permission from the American Community Gardening Association’s Growing Communities Curriculum.
How does a community garden relate to community empowerment? When a garden project is organized to include those who will be impacted by the completed project, the end product is not just a beautiful, community gathering site and place to raise home-grown vegetables. The process also imparts the skills of social change—the ability and confidence to gather neighbors, frame issues, make decisions with a diverse group and find the resources to see a project through the barriers to its completion. Community organizing seeks to teach
people, through experience, that they can be effective in larger and larger spheres—their community garden, then their neighborhood, their city, their state, and so on. Many organizing projects by necessity struggle against some ill affecting a community. A community garden is a project based on creation. It is a vision of health, beauty and nourishment. This act of creation assumes that there are resources within a community and the garden is a vehicle for revealing previously untapped knowledge and abilities. Community organizing takes time and belief in others. It is a general philosophy that says: •
People are intelligent, capable and want to do the right thing.
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Groups can make better decisions than any one person can make alone.
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Everyone’s opinion is important and of value, regardless of rank or position.
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People are more committed to the ideas and plans that they have helped to create.
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People can act responsibly and be accountable for their decisions.
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Groups can manage their own conflicts, behaviors and relationships if they have the right tools, training and support.
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The community organizing process, if well designed and honestly applied, can be trusted to achieve results.
In addition to being a good philosophy, there are practical reasons for a community group to organize a project rather than just one person taking it on. If a person takes on a project alone, she or he will have to do all the work! For most people, with busy lives, this is impossible and undesirable. Also, if anything goes wrong in the garden, it will be that one person’s responsibility. If that person moves or cannot work on it, the project and all the hard work will be lost. And, lastly, many barriers are bigger than one person on their own can overcome (such as the city hall shutting down the project or the garden’s land being sold). In general, people and organizations that work with neighborhood groups and community members to start gardens can outline the following steps necessary to get started: 1. Get a core group of people together who are committed to seeing the project through to completion.
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2. Talk to as many people who live in the neighborhood as possible. 3. Conduct a basic investigation of community garden needs: •
Find a site and get a lease or agreement from the owner. Get at a minimum 3-5 year use of the site.
• Test the soil for nutrient contents and possible heavy metals and toxins such as lead. • Secure water for the site either from the public works agency or a friendly neighbor. 4. Hold a public meeting to recruit gardeners and begin to create the site plan and develop the site. If you are not from or deeply rooted in the community in which you plan to start a garden, community organizers are encouraged to reach out to community members and listen to what their interests and self-defined needs are. Perhaps a neighborhood would rather have a basketball court or a park with playground equipment. The community organizer can work to see if the resources of their organization could enhance the neighbor’s vision in a new and creative way. (Perhaps create a garden that has a side basketball court—or an area for children to play and garden.) However the process unfolds, once a commitment has been made to work with a group, the community organizers must ask, at every step of the way, if the task they are doing could be more beneficial to the community if a community member led or implemented the activity. In most cases, the community member will be the best person to make decisions and take action on the community garden. The community organizer’s goal is to work to create an organizational structure that exists beyond any one player. An effective structure has the following characteristics: •
Can out-live any one person.
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Has a clear and simple purpose that directly impacts the lives of people.
• Equitably distributes power and employs democratic decision-making processes. •
Is transparent (anyone can understand how it is put together).
• Has easy systems for information exchange and communication (a filing cabinet, monthly newsletter or garden billboard). 13
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Has feed-back loops to increase support, skill building and accountability (regular meetings can fulfill much of this need).
In a community garden project, the organizer’s focus is less on the actual building of the garden and more on the building of the organizational structure and capacity of the project team to be able to continue on beyond the involvement of the organizer. Guidelines for Garden Organizing: People are motivated by their own self-interest. The task in organizing a community garden project is to find ways to make the issues and benefits involved in community gardens relevant to the life and experience of each participant. A person must be able to see a potential benefit or harm to themselves if the project succeeds or fails. One person may be interested in cleaning up the blighted lot because it is next door to him, another to give teenagers something constructive to do, and another to have fresh ingredients for her famous salsa. The simplest way to find out what matters to folks is by asking. Sitting down to talk with neighbors can be time consuming. However, knowing who people are, what they want and how they may wish to contribute will not only save time throughout the organizing process, but may determine whether the project succeeds at all. Don’t create a structure of dependency. It may be tempting for a community organization to “go into” a low income neighborhood and “set up” a garden “for” residents. This can look wonderfully successful on paper, and give organizers and volunteers the understandable satisfaction of helping the ‘needy’ through hard work and generous contributions. Such gardens, however, build dependency, not community. When support is withdrawn, these gardens often disappear. Strategies that strive for long-term success take a long time to implement. Remember the old adage—Go slow to go fast! People need to experience a sense of their own power. In order to feel that one can bring about change, a person needs to see that her or his personal involvement has had an impact on a broader effort. Contributions of work enable a person to realize their ability to affect the world around them. Thus, in a community organizing project, everyone works. Meaningful participation by all people involved is more likely when there are clear, understandable systems; for example, regular workdays (Saturdays) at regular times (9 AM-Noon), or, workday coordinators who have thought about what needs to be done and asked other members to bring supplies. Everyone can have at least one area of responsibility and should have
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at least one associated task that they are working on (the compost crew, the potluck team, the art committee). Successful systems include mechanisms that continually impart skills (classes or mentors), promote support and accountability (regular meetings, regular work days, informed team coordinators), and include continual leadership and decision-making opportunities for everyone (leading a meeting, giving a tour, coordinating a committee, digging the first garden bed). Garden Organizing can help build neighborhood power. Organizing efforts that incorporate a socio-economic analysis on race, class and power dynamics can help community members hone their strategic thinking. Young adults (ages 12-25) who are in the process of defining themselves as persons in society may be inspired to become change agents when they become literate in an analysis that helps them make sense of the injustice they witness in the world around them. Community gardens are fertile ground for discussions about social and economic justice. Topics of hunger (Why are so many people hungry when there is so much food in the stores?), immigrants rights (Who grows our food?), fair labor practices (How is our food grown?), environmental justice (What are the impacts of pesticides?), fair pricing of products (Why is food so cheap?), racism (I don’t like or am afraid of those particular people) all can easily come up while gardening together. General education is the key to long-term success. For a group to run its own project, two factors must be in place. First, a community needs the skills to undertake the project. In a garden project, this means everything from project planning to meeting facilitation, from irrigation installation to harvesting practices. Also a community needs to believe that they can accomplish the project. Si se puede. (Yes, it can!) Constant learning opportunities give folks the skills they need, while structures that encourage participation enable people to use those skills and gain the confidence needed to do it on their own. Paper doesn’t organize, people do. A million announcements via the mail will never substitute for a single direct contact. Asking a neighbor about his or her skills, interests and views, serves several purposes. It provides the information needed to build a strong and relevant project. It strengthens your relationship with the person and that person’s with the project. It gives that person a sense of power in the project and thus greater connection. A personal invitation to a meeting is about 10 times more likely to get the person to the meeting. When people are asked why they don’t participate in community projects, many people say it is because nobody has asked them to participate. Remember, not everyone has access to computers, e-mail, or facebook. Make sure your communication strategy involves something besides online communications. 15
How to have a successful neighborhood meeting Meetings can make or break a garden project. Well-planned, focused, effectively facilitated meetings will strengthen your garden project. This is crucial because so much time in any organizing project is spent in meetings where groups must make decisions together.
Set clear goals for the meeting. It is important to have clear meeting goals in mind. Without them it is difficult to figure out an agenda and hard to know who should attend. Every meeting should have concrete, realistic and measurable goals the garden organizers want to accomplish. Avoid goals such as: “to have a meeting”—a meeting is not a goal in itself; or, “to educate people”—it is tough to measure whether people need to be “educated” about the opportunity at hand. Because meetings are used to plan action, make decisions, build the group, the initial meeting goals may be such things as: •
To decide on the garden’s purpose and design to achieve it.
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To develop a garden plan and timeline for implementation.
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To recruit new members.
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To evaluate goals or plans.
Be selective about choosing a meeting site. The meeting location will affect who comes to the meeting. Criteria for choosing a site include: •
Familiarity - Is it a place where people feel comfortable?
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Accessibility - Is the meeting site easy to get to? Is it accessible for people who are disabled or elderly?
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Represents Constituency - Is the site perceived as representative of those who may participate? For example, if the goal is to build a multi-racial community garden and meetings are being held in a church exclusively used by a white congregation, the choice of site would not represent the full constituency.
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Adequate Facilities - Different meetings require different facilities. Small meetings need a small, cozy room, while larger meetings need larger rooms with more elaborate facilities such as a microphone and sound system. Any group may require an overhead projector, slide projector, flip chart or blackboard.
Don’t forget about childcare or other supports. In order for some people to attend meetings, childcare may need to be arranged at the site. A meeting with many families attending may need a separate room for childcare. Childcare can be an important way to embrace a diverse community. Looking for easy access from public transport for those who travel on it; easy entrance for those with disabilities or language translation if it seems appropriate.
Choose a convenient time. Set the meeting at a time that is most convenient for those who are invited to attend. An organizer may need to call several people and ask for possible suggestions.
Schedule meetings regularly. People are more likely to attend meetings that are held at the same time and place each week or month. Regularly scheduled meetings keep the group from having to negotiate a time and place for every meeting time—a big time and frustration saver. It is important to hold regularly scheduled meetings at which everyone’s concerns can be addressed and important decisions can be openly discussed and decided upon. However, unless they are well organized, regular meetings can be a frustrating and alienating experience that attract fewer and fewer people over time.
Actively recruit members. How does the original group get people to a meeting? If it is a regular meeting, a phone call reminder can be enough. This can be done by a core member or through a phone tree. The reminder should include time, location, and main
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agenda items. If people want a particular new person to come, then a personal invitation may do the trick. Ask current members to invite others. For public meetings, meeting information needs to be distributed to a large number of people. With the help of several community members, a simple flyer and/or newspaper or radio announcement can be made to announce the garden meeting. Always include the date, time, location, purpose and contact name and number. Translate the flyer into commonly spoken languages, so that everyone will be notified of the opportunity. Knock on doors or leave flyers at neighbor’s front doors. Hang flyers around the neighborhood in cafes, laundromats, community centers, plant nurseries, senior centers, churches, schools and at the garden. Go where the people you want at the meeting can be found, especially those who are under-represented such as seniors, people with disabilities, youth, low-in- come residents and minority groups. Asking people to bring items or to help arrange things for the meeting helps assure their attendance. Assign people to bring coffee, cups, cookies, tablecloths, agendas, posters, sign-in sheet, or flowers. Ask other people to set up chairs, flip charts, and food. Delegating tasks ahead of time may seem more trouble than it’s worth, but it gets people involved in the meeting and the group. It also helps things run smoothly, which people appreciate.
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Tips for facilitating a meeting: •
Consider seating arrangement (circle of chairs, tables to work at, etc.)
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Welcome people
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Go over the agenda—Ask for changes and time limits
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Do substantial introductions (appropriate to group size)
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Define your role as facilitator
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Explain the Guidelines for Discussion
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Explain the decision-making process
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Invite participation (ask for it before the session begins)
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Make eye contact
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Use first names
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Use humor
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Use various facilitative tools and methods (see next section)
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Trust the wisdom of each participant
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Change your position/ move around the room
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Use visuals
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Record people’s responses on a flip chart
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Avoid responding to each comment
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Give time for people to answer
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Don’t lecture
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Give positive feedback
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Respect differences of opinion
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Empower people to speak and express themselves
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Seek commitments from people
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End session with overview and follow-up coordination
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Use evaluations
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Thank people for their work
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Pass out material after discussions 19
A Standard Agenda An agenda is a tool to keep everyone on the same page and to get everyone’s issues addressed in a fair and effective way. It is a way to bring together different items in an organized manner that is manageable. It is important to provide the opportunity for everyone to add to and adjust the agenda before and at the beginning of a meeting. In regular meetings, a simple standard agenda such as the following can be used: 1. Check-in—Each person can share briefly about how they are feeling that day. 2. Schedule and Announcements—Short announcements that have to do with upcoming events. If an announcement turns into a discussion, it can be put on the agenda or on the “bike rack”. 3. Appreciations—(Optional) Opportunity to give short acknowledgements to the hard work others are doing. 4. Agenda Review—Meeting members can add new items to the agenda here. This is the place to prioritize and give time limits to agenda items, if needed. 5. Agenda—First discuss “tabled” items which are items from the last meeting that you did not get to or for some reason chose to put off to this meeting. Then discuss the new items from this week. You may want to put up time limits to discuss each item. If you cannot get through an item in the allotted time, the group can decide to take time from another item or can table the topic to continue the discussion next meeting. 6. Next steps—At the end of the meeting, each person says what they think their next task or responsibility is. This works to clarify who is doing what by when. 7. Evaluation—Leave a few minutes to ask how the meeting went for everyone. Ask participants to share a word or phrase that describes what they have learned. Also ask if there is anything that could be improved.
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GARDEN CAMPAIGN PLANNING Whether or not your garden is under direct threat, thinking about how to preserve it may seem overwhelming. You may feel like you need legal or other special skills to do anything meaningful to preserve your garden’s land, but there is important work that can be done by neighbors and supporters to create a political climate necessary to pressure decision makers to give gardeners what they want: longterm access to their garden’s land. This chapter is meant to help demystify the process. ‘Garden Campaign Planning’ borrows tools from community organizing to help you create a strategic and measurable road map toward thinking about your garden’s preservation. It can be adapted for a short time frame, if your garden is threatened imminently, or a longer time frame, if it isn’t—as well as for any other ‘win’ or goal you have for your community.
Adapted with permission from The Real Food Challenge: Sometimes it’s helpful to think about campaigns like a journey: your goal is your destination, the strategy is the route(s) you choose, the tactics are the vehicle(s) you use, and your target is a roadblock. We have to figure out the right routes and vehicles to move the roadblock so we can get to our destination! •
TARGETS In a campaign, your primary target is the person who has the power to give you and your organization what you want. This may be the landowner, the landholding agency, or your councilmember. Secondary targets are people who do not have the power or authority to give you what you want but who can influence the primary target. Often community members have more access to this person than the primary target. If your primary target is the director of the PHA, a secondary target may be a personal friend of that individual, or an ally of your garden who works within that department. You can identify other targets by power mapping your neighborhood.
GARDEN CAMPAIGN PLANNING •
GOALS are what you plan to achieve overall, or a milestone you want to reach in order to advance your campaign. It can be helpful to break down your longer-term campaign goal into smaller parts, like milemarkers. If your campaign goal is to get permanent land tenure by the end of the year, a shorter-term goal could be to get your Registered Community Organization’s endorsement within 4 months, for example.
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STRATEGIES are the routes, or pathways, for reaching your goals. The Real Food Challenge organizers find that campaigns generally fall into 3 themes: A) Mobilizing Community Power: Unifying neighbors and flexing the muscle of organized community members to show your target your collective power. This could include events, petitions, rallies. B) Organizing Decision Makers: Building relationships with key decision makers and moving them towards supporting your campaign. This strategy includes things like research actions, negotiating, and strategic meetings with stakeholders. C) Coalition Building: Accessing organized power (like community groups, including CDCs, churches, neighborhood institutions, etc.) by unifying groups of people to support your campaign. Your campaign may use only one of these strategies, or maybe all three.
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TACTICS If strategies are the themes or the routes for reaching your goals, tactics are the on-the-ground actions that advance your campaign. It’s really tempting to jump right to tactics and start planning events, meetings, media, etc. REMEMBER that tactics should always speak to your goals, and be nested within strategy. It’s essential to have goals, and a plan, before picking out tactics. A bill or proposal in an election, stakeholder meetings, and coalition events are all examples of tactics in the example above. Tip: set mini goals for all of your tactics! Using a petition? Set a goal for# signatures you want by when. Hosting a movie screening? Set a goal for # people will attend, and goals around how you’ll harness the power of the people at the event. TASKS To get anything accomplished, there are tasks to be done, like scheduling meetings, crafting emails, planning for events, etc. These are things that happen behind the scenes. Good task delegation includes the task, who’s responsible for it, & by when it will be completed. Everything you do in your campaign (actions, meetings, events...) should all build towards creating the change you want to make.
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Be S.M.A.R.T! Tactics and goals should always be SMART: -
Specific: Be as specific as possible (i.e. NOT “spread awareness”)
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Measurable: Make sure you know when you’ve achieved your goal
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Ambitious: Challenge yourself and your group!
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Realistic: Make sure it’s something you really can (eventually!) accomplish.
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Time-oriented: Goals should have a deadline, or else there’s no timeline or urgency
Target Focused: Tactics should be directed at specific targets. Don’t just have a petition drive, deliver a stack of petitions —in person —to your target’s office! Don’t just host a dinner, invite your target and prep compelling stories to include in programming, and at the end, make an ask! -
NOT S.M.A.R.T: “Save our garden!”
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S.M.A.R.T: “Councilmember , sign over the ownership of this parcel to the Neighborhood Gardens Trust by December, 2015!
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NOT S.M.A.R.T: “Spread awareness in the neighborhood”
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S.M.A.R.T: During fall and winter 2015, present our garden campaign to 50 neighborhood groups at their meetings, and collect at least 35 campaign endorsements by January 2016 • Escalate! A good campaign uses tactics that build and intensify, as appropriate. - You don’t want the first thing you do to be so big and intense that you scare people off, or ‘use up’ your best tactics first. Save them for when you need to make a big splash. EXAMPLE: collect and deliver 500 signatures on a petition. - —write three letters to the editor—host a rally at the garden with media attention and community support— stage a demonstration outside the target’s office
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•
Do Double Duty: Use tactics that propel your campaign forward while also building your group. Plan tactics that are exciting & empowering for participants & group members, and which also put pressure on your targets. Get the most bang for your buck! Tabling? Don’t just stand there! Have a photo petition, an email list sign-up, cards with upcoming events, etc. Hosting a film screening? Also be sure to explain your group & campaign. Pass around a petition and an email signup for people who want to get more involved.
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BUILDING RELATIONSHIPS WITH YOUR COUNCILPERSON In Philadelphia, the importance of building a good relationship with your councilperson cannot be stressed enough. Having your councilperson in support of your garden can make or break your effort to gain land tenure. Start developing a relationship early by visiting with your councilperson and introducing your garden, and make an effort to keep him or her involved with your garden by reaching out for events. It can also be useful to develop relationships with state senators, congresspeople. or any other elected official in your area. If your garden is under threat, encourage constituents to make calls, write letters, or write letters to the editor. Councilpeople want to support issues with broad support within their districts. Tips for Communicating with Your Elected Officials Original materials compiled by and used with permission of: Philadelphia Parks Alliance P.O. Box 12677, Philadelphia, PA 19129 Tel: 215-879-8159 Fax: 215-879-8833 Email: friends@philaparks.org Website: www.philaparks.org
VISITING AN ELECTED OFFICIAL A personal visit with a member of City Council or another elected official is an effective way to emphasize your interest in an issue. The following tips will help you maximize the potential of your visit: •
Make an appointment with the elected official or his or her aide who handles the issue of interest to you. When scheduling the meeting, state the subject matter, the time needed and the people who will be attending.
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Draft an agenda, plan your presentation and if you go with several people (up to 7 people is good, particularly if they all live in the person’s district), prepare each person’s role.
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Arrive on time.
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Present the facts positively and concisely.
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Listen carefully and be open to questions. If you don’t know the answer, politely explain that you will do more research and get back to the official with some answers. Be sure to follow up.
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Leave simple fact sheets, photographs, or other direct and concise information that supports your case with the official or aide. Also leave your contact information. You can even bring vegetables or flowers from your garden!
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Ask for favorable consideration of your issue. If the official or aide doesn’t make a commitment, tactfully say that you will call to learn about their decision after they give it more thought.
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Thank the official or aide for his or her time. Leave promptly. Follow up with a thank you note.
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Stay in contact and regularly provide information about your issue. Invite your councilperson’s office to any parties, farmstands, or other events—they like to be in the know and may show up to support your event!
PHONE CALLS TO ELECTED OFFICIALS •
Begin by identifying yourself and state if you are a constituent of the elected official. You might say, “This is Mary Parks. I am the President of the Perfection Park Neighborhood Association in Parkington.”
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Ask to speak with the official. If he or she is not available, ask to speak with the aide who deals with the issue you are calling about. If they are not available, leave a message.
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When you leave a message be sure to say what you are calling about.
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Know your facts. Present your position briefly and concisely.
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Don’t be intimidated. You are a concerned citizen and do not have to be an expert.
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If you are asked a question that you cannot answer, politely explain that you will do more research and get back to the official with some answers. Be sure to follow up.
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Ask for favorable consideration of your issue. If the official or aide doesn’t make a commitment, tactfully say that you will call to learn about their decision after they give it more thought.
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Ask for a written response if you want one.
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Follow up with a short note to the person you spoke to. Emphasize your key points, ask to be informed about progress on the issue and thank the aide for his or her attention to the issue. 25
WRITING EFFECTIVE LETTERS TO ELECTED OFFICIALS Personalized letters sent by mail are the most effective, followed by faxes and then: •
Begin by identifying yourself and if you are a constitutent of the elected =State the reason for your letter.
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Briefly describe how the issue in question affects you personally, and/or how it affects others. Give an example.
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Use your own words and make your letter personal by stating what is on your mind and in your heart.
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Close with a specific request.
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If you use a form letter, paraphrase and insert a personal example.
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Keep your letter short (length should be one typewritten page; handwrite if your writing is legible). Sign and add a handwritten P.S. to a typed letter.
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Be brief, clear and specific.
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Focus on one issue per letter.
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Check that your facts are accurate.
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Be courteous and respectful even if you are in disagreement.
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Always include your name and full address in your letter.
WRITING EFFECTIVE LETTERS TO THE EDITOR “Letters to the editor are impossible to overuse. We clip them and circulate them through the office like gossip sheets of what’s going on. The press represents an overall buzz in the community.” –Congressional aide Letters to the editor are an easy way for you to voice your opinion to policy makers and to educate people in your community about issues you are concerned about.
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You can use letters to correct or interpret facts in response to an inaccurate or biased article, to explain the connection between a news item and those issues, or to praise or criticize a recent article or editorial. Without exception, the letters section is one of the most highly read sections of newspapers and magazines. The following tips will help you increase your chances of getting your letter published. •
Find out the publication’s guidelines for printing letters. You can find these guidelines on the letters page, by calling the paper directly, or by visiting its website. -
Are there length limitations?
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Does your letter have to be typewritten?
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Are you required to include your name, address and phone number?
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(Your address and phone number will not be printed but most publications call you before they print your letter.)
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Be timely: Respond to a recent article, editorial or op-ed piece (refer to the title and date of the article.) Capitalize on recent news events or anniversaries. Write to inform citizens how their legislators voted on an important issue.
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Be brief and clear: Stick to one subject. Pick one or two important points and make them briefly. Be clear and succinct. Keep your sentences and paragraphs short and compelling. Limit your letter to three paragraphs.
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Don’t be afraid to be direct, engaging and even controversial.
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Be relevant and personal: Editors are more likely to publish a letter that has local relevance. Use checked facts and statistics. Use personal stories.
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Mention the names of elected officials and urge readers to let officials know their views (the officials will pay attention).
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Use your credentials: If you have experience or expertise in the area you are writing about, say so!
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Follow-up: If your letter isn’t printed, keep trying. If it is published, sent it to your government representatives attached to a personal note. Do not send the same letter to more than one paper in the same circulation area.
Adapted from materials from 2020 Vision, the Pennsylvania Horticultural Society Tree Tenders Program, Child Welfare League of America and Sierra Club
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MEDIA How to get media coverage at an event, demonstration or rally: Overview (adapted with permission from Decarcerate PA) For your garden to be supported by politicians, businesses, and neighbors, people have to know about it. One of the quickest ways to get exposure to a broad range of people is through media coverage. When people read about your garden in the newspaper, hear about it on the radio, or see it on television or internet, you can build a constituency that cares about and speaks out for your cause and community space. By proactively contacting the media, you can make sure that your core values and main accomplishments are highlighted. And when your garden is threatened, getting lots of attention, including from the press, can be instrumental in building the public pressure needed to prevent your garden’s destruction. When you invite camera people, councilpeople, etc. to your space, make sure the garden looks its best (grass is trimmed, mostly weed free, clear of trash, structures in good shape). People will want to help out a garden that looks like people already care about it! Why is this important? •
Get your issue to a broad audience who might not know about it otherwise -
Build a support network
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Politicians and decision makers pay attention to mainstream media
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You can control the message and language
What is a press release? A press release (also called a news release or media release) is a written statement directed at the news media for the purpose of announcing something newsworthy. Usually, they are e-mailed to assignment editors and reporters at newspapers, magazines, radio stations, television stations, or television networks. What does a press release look like? •
Headline—used to grab the attention of journalists and briefly summarize the news.
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Dateline—contains the release date and the originating city of the press release.
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Introduction—first paragraph in a press release, generally consists of who, what, when, where and why.
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Body—further explanation, statistics, background, or other relevant details.
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Boilerplate—generally a short “about” section, providing independent background on the group.
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•
Close—to indicate that a press release is over, we end with the “###” symbol.
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Press contact information—name, phone number, email address, mailing address, or other contact information for the PR or other media relations contact person who will be available by phone to take questions from reporters. This is usually at the top of the press release, along with a logo of the organization.
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Quotes—Press releases have to be somewhat neutral. Quotes from members of the group or allied organizations allow us to plug in strong arguments and statements that go a bit deeper than the factual information covered in the body of the release.
Press Calls In order to get coverage, it is important to reach out to reporters personally along with your press release. Make a press list with any contacts you or your networks may have, including statewide media outlets, local newspapers, journals, blogs, etc. Reaching out to many press outlets is time consuming but important! •
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Emails—Start off by sending emails with the press release attached and in the body of the email. -
Make the title for the email flashy or interesting. It can match the title of press release itself
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Copy and paste the press release in the body of the email as well as attaching it as a pdf file.
Calls—After emailing everyone on your list, make follow up calls to confirm that your contacts received the press release. -
Sell your organization- come prepared with info and descriptions so reporters will see why this is a good cause and an interesting story.
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They may ask for more information about what’s going on. Have the advisory, talking points, or outreach/promotional materials in front of you so you feel prepared. Emphasize any important guests at the event, photo opportunities, reasons why this is important or exciting.
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Try to get a commitment from them to come. If they can’t or will not commit, try to get information about when they will know (ie: when they’re meeting with the editor to decide) and do appropriate follow up. If they refer you someone else, keep that contact info - it could prove useful in the future.
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Reporters get a ton of calls and emails, so they might seem rushed. Make sure you’re prepared to re-send the advisory if didn’t see it the first time.
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These can happen more than once, with reminder calls the day of! 29
•
Talking to reporters as a Press Contact Person: Any press release or media advisory should list a “Press Contact” who will be available by phone to take questions from reporters. If you are the press contact, you might get called with questions before or after the event takes place. A reporter might call with a logistical question (“where is the rally again?”), or to find out about what happened if they weren’t able to come in person but still want to cover the event. Make sure to talk slowly and pause so the reporter can write down what you’re saying. (They’re less likely to misquote you if you allow them time to write it all down!)
Press Wrangling at the Event Once you have done the work to get the press to come out to the event, assign one or two people to be “press wranglers” at the event. They are tasked with finding the media representatives at the event, providing them with press packets, and making sure that reporters have an opportunity to speak with spokespeople. •
Be prepared with what you want to communicate to the press. Use their questions as a jumping off point to get your message across.
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You don’t have to have all the answers. Talk about what you know. You can refer them to someone else who you think knows the answer, or get back to them later with more information.
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Remember that anything you say to a reporter might be used out of context. If you say, “Councilperson Jones didn’t get back to us, but their staff person did…” it may end up in print as, “So-and-so says Councilperson Jones didn’t get back to them.”
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Stay positive and on-message!
What’s a press packet? A compilation of materials to give to reporters so that it’s easy for them to write the story. The press packet can include: •
The press release
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Outreach materials or flyers for the event
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Organizational materials (pamphlets, history of the garden, history of the struggle, fact sheets, etc.)
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Past press—could include Op Eds and Letters to the Editor that have been published in major media outlets, past events—could add ‘legitimacy’ and give the reporter a sense of what we’ve done in the past.
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LEGAL Gardens on vacant lots provide access to produce in places where fresh, healthy food is hard to come by. And community-controlled gardens go a step further— they allow communities to be the heart of their own food systems. The greatest benefits of gardening on vacant lots often come from community-driven gardening led by the people living in the neighborhood.
Are you just starting out gardening? Do you know your community? In a city like Philadelphia, with diverse neighborhoods and a long history of community gardening, your initial questions to ensure longevity and community support when starting a garden on a vacant lot should include: •
Which communities live in the immediate neighborhood?
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Which languages are spoken in the neighborhood?
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Which grassroots organizations have a presence and/or leadership in the neighborhood?
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Is someone growing food in the neighborhood or nearby?
Meet, and connect with neighbors to build relationships and trust. In turn, this will help ensure that the garden is informed by community needs and wants.
Are you intending to ask permission to garden? With tens of thousands of vacant parcels, many Philadelphia gardeners throughout the years have gardened on vacant land without permission, particularly when owners are long gone or deceased. There are legal risks to this and someone can always tell you to leave. You may be trespassing, someone might decide your activities are a “nuisance,” or someone might be injured as a result of your activities and attempt to hold you liable. One way to decrease these risks is to ensure community support. By providing opportunities for the neighborhood to be involved with your garden, misunderstandings can be avoided. It is also important to reduce loud noises, bad odors, rodents, or hazards in your garden to minimize the risk of liability for nuisance or negligence. Securing tenure or ownership also reduces liability. With this kind of security, you have no risk of liability for trespass, and nuisance risks decrease, so long as you are not bothering neighbors or the larger public. 31
Glossary: On Risk •
Trespass: a gardener enters or occupies private property without permission of the property’s owner. The owner has the right to remove the garden, and the trespasser may be subject to criminal charges.
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Private nuisance: the garden interferes with a neighbor’s use and enjoyment of his or her property. For example, courts have determined that odors and loud noises are private nuisances.
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Public nuisance: a garden harms community resources, or threatens the public health, safety, or welfare. In Philadelphia, public nuisances may occur where public rights are interfered with due to an activity that violates the law, including zoning and health regulations.
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Negligence: Someone is injured as a result of your actions on a property.
If you want legal access, it is helpful to know how long you want to garden. Will your garden be temporary? Created to make the block safer and create a community space until someone comes along to buy it? Do you want to ensure that your garden or farm will last for at least a few years? Do you want your garden to be there for your children and their children? Each of these questions is aimed to determine what type of permission you want to obtain.
Glossary: Permission and Ownership •
License—A license gives a gardener permission to be on land for a period of time for a specific purpose, but the property owner can take away permission at any time for any reason.
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Lease—A lease is a contract that allows a gardener to occupy land for a defined period of time. A lease is much harder for the owner to revoke without cause.
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Fee Simple—An owner in fee simple has purchased the land and has full legal control over the entire property. This is the highest form of property ownership. The owner has the right to stay on the land until he or she sells the land.
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Public Ownership—Local, state, or the federal government owns the land to be used for a public purpose, such as recreation or education. This does not mean that the public “owns” the property. The government is the property
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owner and generally may license, lease, or sell the property, and prevent unlawful activities on the property. •
Land Trust—A land trust is an organization that holds land for a particular purpose forever or “in perpetuity.” Philadelphia has a land trust for gardens called the Neighborhood Gardens Trust (NGT).
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Nominal Fee—In general, land must be sold for a monetary value. If the owner wishes to sell land to a person or group for a specific purpose, such as gardening, he or she may wish to sell the land for a very low price of his or her choice, such as $1 or $25.
Once you have determined your goals, the next question is, “Who owns the land?” Not all vacant lots are the same. For example, a city block can look like this:
WHO OWNS VACANT LOTS IN PHILADELPHIA? Private Owners: About 75% of vacant parcels in Philadelphia are privately owned. Many owners are delinquent on their taxes, a sign that the property is abandoned. Public Owners: About 25% of vacant parcels are owned by a City agency, including: •
Department of Public Property (DPP): 790 City Hall, (215) 686-4524
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Philadelphia Redevelopment Authority (PRA): 1234 Market Street, 16th Floor, (215) 854-6500
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Philadelphia Housing Development Corporation (PHDC): 1234 Market Street, 17th Floor, (215) 448-3000
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Philadelphia Housing Authority (PHA): 12 South 23rd Street, (215) 684-4000
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Department of Parks and Recreation (DPR), Planning Division: 1515 Arch Street, 10th Floor, (215) 683-0210
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School District of Philadelphia, Real Property Department: 440 N. Broad Street, (215) 400-4760
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Philadelphia Water Department (PWD): 1101 Market Street, 5th Floor, (215) 685-6300
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Southeastern Pennsylvania Transportation Authority (SEPTA): 1234 Market Street, (215) 580-7800 33
FIND OUT WHO OWNS THE LOT There are a number of web-based tools to help you find out information about land: •
Groundedinphilly.org has map-based information for over 40,000 vacant parcels, including existing gardens.
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The Philadelphia Office of Property Assessment allows you to search by address to find information on ownership and assessed value and links to information on tax delinquency. property.phila.gov/
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The Philadelphia Water Department has ownership information on a visual map. www.phila.gov/water/swmap
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The Philadelphia Department of Licensing and Inspections has a map of lots with violations and lots registered as vacant and for sale. www.phila.gov/ map/#id=03644f7bbd154310a9bd48eef9b02ae6
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The Philadelphia Redevelopment Authority has mapped parcels that are available for license, lease, or sale. secure.phila.gov/paplpublicweb/MapView. aspx
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If you do not have web access, the Philadelphia Department of Records at City Hall (Room 111, (215) 686-2260) has all property deeds on file, which will provide you with the owner and their last known contact information. Your councilperson can also sometimes assist in finding ownership information.
Pathways to Publicly Owned Land: The City leases properties for urban agricultural activities defined as an urban garden, a community garden, or an urban farm. An urban garden is a non-commercial garden used by one household; a community garden is a non-commercial garden managed by a nonprofit; and an urban farm is a commercial, for-profit garden. Leases with Philadelphia last between three and five years and require purchasing liability insurance, which could cost over $650 per year. Advocates are working to develop policies that would provide affordable insurance for urban gardens and farms. If the land that you are looking at or using is owned by PRA, DPP, or PHDC. you should start with Philly Land Works. Philly Land Works provides a path to license, lease, and purchase land from these agencies. This program does not apply to privately owned lots. When the PRA 34
lists a property on its website as “available,” this parcel is available for license, lease, or sale. The PRA does not always know that garden exists on the land, and some parcels have been listed by mistake. If you think this listing is in error, you should contact your district councilperson and the PRA. If the PRA has not listed this parcel by mistake, you may wish to contact the PRA to find out how you can continue to garden or farm on this parcel. What are my options to get permission for an existing garden? Individual Garden Licenses limit use to you and your family, but do not require liability insurance. Under this type of agreement, the City has the right to terminate the license at any time, although the City will make efforts to not terminate during the growing season (April 1 to November 1). Community Garden Licenses and Leases are open to the larger community, but require purchase of liability insurance and limit produce sales. While a license is revocable at any time, a lease can last for up to 5 years and is harder to revoke than a license. Market and Community-Supported Farm Leases allow for produce sales and are negotiated on a project-by-project basis. Market Farms are required to secure insurance acceptable to the City, including general liability insurance, automobile, and workers’ compensation/employer’s liability insurance, as applicable.
How do I start a new garden? If the lot is listed on the Philly Land Works website as “available,” click on the “For Sale” icon on the parcel to submit an Expression of Interest (EOI). If you do not have a computer or cannot access the internet, you can call the PRA at 215.854.6500 or write to PRA at 1234 Market Street, 16th Floor, Philadelphia, PA 19107. When you file an EOI, you will receive a tracking number and an email response from the agency that holds the parcel. Individuals seeking to license, lease, or purchase property from a public agency will need to fill out a Tax Status & Public Disclosure form and submit it via email to Property.Info@pra.phila.gov or by mail to PRA. Note that the City will inform your Council person of your interest in the parcel, and the Council person must approve your license, lease, or purchase of the parcel. Leases of longer than one year, as well as sales, require City Council to pass an 35
ordinance, so you will need to get a letter of support from your district councilperson. It is also helpful to get letters of support from neighbors and from your local neighborhood organizations. If the City approves your request, you will be asked to submit a “good faith deposit”. After you pay all of the costs to acquire the property and acquire all necessary permits, you can begin constructing your garen on the parcel. After you have built your garden and file a Certificate of Completion with the City, your good faith deposit will be returned to you. If you have additional questions, contact your local community development corporation or civic association or the Garden Justice Legal Initiative. For additional information about acquiring a parcel through Philly Land Works, see secure.phila.gov/PAPLPublicWeb/FAQ.aspx.
What if my property is owned by the housing authority? The Philadelphia Housing Authority (PHA) owns a large amount of vacant parcels in the city, and unlike the City’s other land-holding agencies, PHA will not be participating in the Land Bank. Because the PHA receives federal funding and operates at a federal, not a local level, working through their bureaucracy to obtain land can be more challenging. There is no straightforward process for gardening on PHA land, and the best route is to find a receptive contact person who works in the area you are interested in. At the Conestoga-Pearl Gardens in West Philadelphia, neighbors grew fruits on PHA property for over two decades before being recognized and celebrated by PHA, who then invited block captain and garden president Lisa Barkley to join their Tenants Advisory Council. The Peace Park, in Sharswood, North Philadelphia, is partially on PHA property, and gardeners have had ongoing discussions with PHA to determine how to incorporate the community garden into future housing development plans. Community gardening doesn’t necessarily have to be at odds with affordable housing; in fact, it can be an attractive amenity to improve quality of life for neighbors. The key is finding and contacting the folks making decisions about land use. How do I Purchase a vacant Side Yard? The City also allows individuals who own and live on a property adjoining a vacant lot to purchase the vacant lot as part of the City’s dollar side lot program. To qualify for this program, the vacant parcel must be under 3,000 square feet in area and valued under $15,000. To initiatite the purchase of a side lot, submit an EOI as described above. The City will determine if you may purchase the 36
vacant lot for below market value, and if you retain ownership of the parcel for ten years, you will have an unrestricted title on the property. You should expect to pay approximately $1,000 to purchase a sidelot through this process.
What do I do if the lot I am interested in is not listed as “available?” A vacant lot may not be listed as available for one of several reasons. For example: 1. The lot is privately owned or owned by a city agency that is not part of the Philly Land Works program. 2. Another individual or entity has already filed an EOI and a sale or lease is pending. 3. PRA has knowledge about an existent garden on the vacant lot, particularly where a garden has had an Urban Garden Agreement to use the lot in the past. 4. The City’s or PRA’s data about ownership or availability is incorrect. If you have questions about why a vacant lot is not listed, email the property address and the reason you believe it to should be listed to Property.Info@pra. phila.gov, or contact your Council person.
What do I do if a lot where I am currently gardening is being offered for sale by PRA? All of the pathways described above should be open to you, whether or not you are already gardening on that parcel. The City’s policies for the sale and reuse of city owned property state that the City “supports the use of vacant land for urban agriculture that improves the quality of life in the City’s neighborhoods.” Thus, it can be helpful to demonstrate to the land-holding agency that a community group has been successfully gardening on the lot for some time and with broad community support.
How do I preserve an existing garden? The Department of Parks and Recreation and Neighborhood Gardens Trust has partnered with other City agencies to form processes to preserve community gardens. To see if your garden can be preserved, contact the Farm Philly Program, at (215) 683-3583 or FarmPhilly@Phila.gov; or complete an intake application through the Neighborhood Gardens Trust
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How can I get liability insurance? The American Community Garden Association offers affordable liability insurance policies for its members. The Garden Justice Legal Initiative and others are currently researching other options.
What is the Land Bank? Will the Land Bank impact my garden? The Land Bank is an entity created by City Council to establish new policies and processes for analyzing, clearing title to, and repurposing vacant land throughout the City. The Land Bank recently incorporated and established bylaws, and the City has hired a consultant to develop a strategic plan. While the Land Bank may, in the future, have an impact on creating and preserving community gardens and market farms in Philadelphia, at present you should continue to use the processes described in this document to establish or preserve your garden or farm. For more information about the Land Bank and to find out how you can contribute to the discussions about what the City should do with vacant land, visit www.phillylandbank.org.
Pathways to Privately Owned Land If the lot you are interested in is not listed on any of the above resources, it is likely privately owned. You can search for property ownership records by address at property.phila.gov. Try to find and contact the owner of the property to arrange an agreement, lease, purchase, or donation. If you cannot find the owner, contact your Council person to see what options you have. You may be able to purchase the lot through eminent domain, conservatorship, or sheriff’s sale, or by raising an estate. If owner is not findable, your options include: •
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Eminent Domain is the power of government to take private property for public use, if the owner is compensated. In this way, the City may acquire certain tax-delinquent properties where the owner is deceased or absentee through eminent domain and return them to productive use. Contact your City Councilperson about the possibility of using eminent domain to acquire a vacant parcel with an absentee owner for use as a community garden.
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Conservatorship applies only to lots with vacant structures under Pennsylvania’s Abandoned and Blighted Property Conservatorship Act. The process involves petitioning to take possession of a blighted property, financial commitment, and representation by an attorney. Please see www. housingalliancepa.org/resources/102 for more information, or call 215-5727300 ext. 111. At the moment, a conservatorship is not likely a viable tactic for gardeners to gain title to a property. Advocates are working, however, to change the law to make it a strategy for re-purposing vacant lots.
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Raising an estate, which is completed through the Register of Wills, is a shorter process that can be used in situations where the owner of a property is deceased and has no heirs with a claim to the property. This process requires an attorney appointed as the administrator of the owner’s estate and a developer willing to purchase and rehabilitate the property.
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In a Sheriff’s Sale, individuals can purchase unburdened title to a vacant property. Any property with at least three years of unpaid mortgage bills, unpaid tax bills, unpaid L&I bills, or any lien may be put up for sheriff’s sale. The City makes decisions regarding tax sales, and mortgage companies make mortgage sale decisions. Individuals can also request that a specific tax-delinquent property be sent to sheriff’s sale by contacting the entity that holds the tax liens. This information can be found at opa.phila.gov/opa.apps/ Search/SearchForm.aspx?url=search (under the “View Tax Balances” tab) or by contacting the Office of Property Assessment at 215-686-4334. If the lien is held by the City, individuals can “certify” a property to go to sheriff sale’s by placing a “deed poll” deposit (typically around $800) with the Sheriff’s office, refunded at sale. The entity that holds the liens, tax debt, or the mortgage sets the listing price, or bid minimum, typically equal to the lien or debt amount. The sale proceeds are applied to the remaining municipal liens, clearing them from the property, even if the proceeds do not cover them entirely. The process from initiation to sale can take between 12 and 18 months to complete. For more information on the sheriff’s sale process, see the Office of the Sheriff.
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Adverse Possession is a legal tactic that enables an individual or organization to gain possession of privately-owned land if that individual or organization has been actively using that piece of land for over twenty-one years, without permission from the owner. Adverse possession is a long and complicated process, often requiring a lawyer. While it is often less expensive than buying property, the process does not rid the property of the burden of any debt or liens. Short-term agreements with the owner do not help an adverse possession claim. 39
If the owner is findable, express interest in purchasing or leasing the lot for use as a garden. Owners are required to register vacant lots with the Department of Licensing and Inspections. An owner who has done so may see the benefit of partnering with a garden because it will reduce his or her maintenance and vacant lot registration costs. Thus both the owner and the community have an interest in using the lot as a garden. Forms of private use land agreements include: •
Interim-Use Agreement allows a temporary use of property until a particular date or event, or until zoning no longer permits the use. This type of agreement will require that a garden is permitted under the Philadelphia Zoning Code. To ensure that a garden is a permitted use, check the Philadelphia Zoning Code Resources.
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Joint-Use Agreement defines the terms and conditions for shared use of city land. They are often agreements between two government entities. Terms can be set by the gardeners and the city, but these agreements require a lot of effort and cooperation. For an example, see the agreement between Denver Urban Gardens and Denver Public Schools.
Important Elements of a Private Land Use Agreement include: •
Land: Specifications of size and location
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Use of Land: Specification of uses and by whom. Defining the terms of use is very important—these terms define the rights and responsibilities of the landowner and the gardener or farmer
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Term: Duration of use, protocols for renewal, and farm’s rights if land is sold mid-season
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Right of Entry: Who may enter the land, for example, restrictions to farm employees, contract workers, volunteers
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Work Schedule: Days and times of most farming activities with exceptions by landowner permissions
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Growing Practices: Farmers’ use of tools/machinery and landowner’s responsibility to restrict activities like use of chemicals in order to maintain the farm’s organic standards or avoid creating public and private nuisances.
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Water Usage: Clarification of source, use, and payment
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Garden Maintenance: Specifies responsibilities of landowner and farmer in maintenance of plot
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Garden Produce: Clarification of ownership of produce from the land
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Compost: Agreement on use and location of compost pile and perhaps use of landowner’s acceptable yard and kitchen wastes
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Payment: Type and amount of payment; can be monetary or in-kind through share of crops
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Liability: Two-way release of liability; each party indemnifies the other over specific scenarios and legal responsibilities for respective uses of the land. Some landowners, like City agencies, will require gardeners to acquire liability insurance. The majority of these terms were gathered from Alymer Backyard Farms’ Land Use Agreement and adapted for use on UrbanAgLaw.org, maintained by the Sustainable Economies Law Center (SELC). A sample SELC agreement is available here.
Who should sign the agreement with the private landowner? •
Individual: It is appropriate for you to personally sign the agreement if you plan to be the only person who maintains and operates the garden.
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Unincorporated association: If your garden will be maintained and enjoyed by multiple members of your community, but you are not part of an incorporated CDC or civic association, an appointed representative of your group may sign the agreement on behalf of the unincorporated association.
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For-profit entity: If you plan to operate a market farm, a legal representative of your business should sign the lease. It is in your best interest to hire a lawyer to help negotiate the agreement and ensure you follow applicable tax laws.
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Nonprofit entity: Purchasing land as a nonprofit will allow you to apply for property tax exemption. This process will likely require a lawyer, but if successful, allows an organization to focus on gardening, and not put funds toward paying property taxes
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Land trust: In Philadelphia, the Neighborhood Gardens Trust (NGT) helps preserve community-managed gardens by acquiring them for permanent stewardship. While a land trust would be the ultimate owner of a gardened lot, adoption of your garden by the NGT assures its existence as a garden. For more information about making your garden a part of NGT, please contact Jeff Barg at jbarg@pennhort.org or 215-988-8761.
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INSURANCE
Insurance for community gardens Insurance is important to think about because some landholders, leaseholders, or fiscal sponsors require gardens to have liability insurance for their garden activities. This can seem complicated and/or prohibitive; while individuals and groups are working on insurance solutions, here’s what you might need to know and consider in obtaining insurance for your garden. This section is used with permission by the American Community Gardening Association, and is written by Jack N. Hale, Executive Director, Knox Parks Foundation, jackh@knoxparks.org, who offers this disclaimer: “I am not an expert on insurance. Don’t take this as professional advice from me or from the American Community Gardening Association. At best, this is an indication of insurance issues as they have been faced by community gardens throughout the U.S. (not much info on Canada). You need to work out your own local situation.” •
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Liability insurance protects the organization that owns it or some other entity (like a land owner) who is “named as additional insured” on the policy. It protects gardeners or volunteers indirectly only if the insured organization stands between them and a potential lawsuit. It does not protect individuals from legal action, nor does it necessarily pay individuals for injuries or damage that occur at a garden. Most gardens have insurance because they have an organization to protect or because some other entity requires coverage in order for the garden to exist.
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Usually, individual gardens seeking liability coverage will pay a high price. Just as group health insurance is much less expensive than individual coverage, insurance purchased by a larger organization to cover a multitude of risks will be less expensive per coverage than the same insurance purchased piecemeal. Therefore, if you are a single garden suffering from sticker shock, the best avenue may be to ask a larger organization that already has liability coverage to sponsor the garden. Such organizations might include community groups, churches, horticultural/agricultural organizations, or anything else that might work in your locale.
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Often it is a city or town providing land for a garden that is requesting insurance. They usually have a “risk manager” whose job is to protect the municipality against all risk. Whenever the town enters into a relationship, that relationship is passed before the risk manager, and the risk manager almost always says “buy insurance” to protect the town. -
But towns always have lots of insurance. They engage in lots of risky business. Adding a community garden to their list of risks will have almost no impact on their overall risk and on the cost of their insurance. It becomes a political issue and should be treated as such. If the town wants to support community gardening, the risk is trivial; if the town doesn’t want to support community gardening, it is easier to say “buy insurance” than “we don’t like you.”
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A side issue that arises in some cases is whether the gardens are public. In Berkeley, California, the city wanted to require insurance and also require that the gardens be open to the public. People who don’t want to support gardens compare them to parks that are ostensibly open to everybody all the time. They point out that community gardens have fences and gates and private plots. More politics. Perhaps compare your garden to a football stadium. Very risky activity going on there, and fully supported by the town! Anybody can go and watch when there is a game on, but hardly anybody gets to play. Which is more exclusive, a garden or a sports field?
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Remember that anybody can walk by and look at the garden. You might even schedule some times when the garden is open for public enjoyment. This does suggest, however, that gardeners need to design and maintain their gardens in ways that truly do enhance their neighborhoods.
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Insurance is a local business, governed to some extent by state law and regulation. Although there is a certain amount of uniformity and insurance companies operate across state lines, your experience with coverages and costs may be quite different from those in a neighboring state. If you have to buy insurance, a creative and responsive local agent can be very important. Remember that there is a good chance they haven’t insured a garden before and they will have to figure out how to do it. Here in Connecticut, we started out with an insurance agent who decided gardens were like vacant lots, which tend to attract inappropriate uses. Premiums were based on street frontage and they were high. Strangely enough, our largest garden, which had no street frontage, was insured for nothing, while one of our smaller gardens on a corner lot carried a high premium. Our current agent, which specializes in insurance for non-profit social service organizations, decided gardens were like social service programs and did a more general analysis of risk. Our premiums are now quite low.
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If gardeners or garden officers are concerned about personal risk (i.e.potential for being sued as individuals due to their involvement in a garden), the best solution is probably “umbrella coverage.” People can usually obtain this for a relatively small premium as an add-on to homeowner’s or renter’s insurance. Talk to your agent.
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A “hold harmless” agreement signed by gardeners is probably not a bad idea, although it may scare some of them. Just remember that no amount of such paperwork will protect your organization if you are actually negligent. Here is a sample “Hold Harmless” clause added to garden rules: I understand that neither the garden group nor owners of the land are responsible for my actions. I THEREFORE AGREE TO HOLD HARMLESS THE GARDEN GROUP AND OWNERS OF THE LAND FOR ANY LIABILITY , DAMAGE, LOSS OR CLAIM THAT OCCURS IN CONNECTION WITH USE OF THE GARDEN BY ME OR ANY OF MY GUESTS. -
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There are certain activities that might affect premiums for gardens. Our agent always wants to know whether we will be sponsoring events that will bring in additional people or whether the garden is just for gardeners and occasional guests. I would stay away from roto-tiller demolition derbies and pitchfork throwing contests. You should be honest with your prospective agent(s) about likely activities. If they tell you certain activities cause them stress, you should consider whether those activities are really necessary.
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You will also need to talk with your agent about the relationship between insuring gardens and the rest of your insurance. I think our agent just likes to write the biggest policy possible and otherwise doesn’t see much connection.
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You might also want to think about whether gardens really are in danger of shutting down without insurance. In some situations, landowners require proof of insurance in order to allow the use, but in less formal circumstances, a group of neighbors using land based on a handshake might not need that piece of paper. If people are worried about their personal liability, they might do better obtaining umbrella coverage attached to their personal insurance instead of insuring the gardening activity, which has no assets to protect. That’s true whether the garden has insurance or not. If you leave a rake in the path and somebody trips over it and breaks a leg, they can sue you and the garden or sponsoring organization. A good lawyer looks not just for who is at fault, but also at who has the ability to pay.
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Gardeners may also want to approach landowners about being the garden sponsors. Many non-profits, churches, and schools have insurance coverage that could easily absorb that added risk without significant increase in premiums. Even municipalities could do that if you have the political juice to make it happen. All of those agencies typically sponsor risky activities for the benefit of their communities. Think of football teams and transporting children in vans and playgrounds that are open to the public. Yikes!
NOTE: Community Garden Insurance is available to members of the American Community Gardening Association. www.communitygarden.org
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YOUR GARDEN AND CLIMATE SOLUTIONS
How might the climate change? Scientists are in broad agreement that human-induced climate change is already occurring, and, at this point, cannot be reversed. Before the Industrial Revolution, the atmospheric concentration of carbon dioxide, the main driver of climate change, was about 280 ppm. When scientists began continuous observations in 1958, carbon dioxide concentration was roughly 315 ppm. Since then, atmospheric carbon has been rising at levels much greater than ever before in human history; on May 9, 2013, the daily average concentration of carbon dioxide measured at Mauna Loa surpassed 400 parts per million for the first time on record (climate.gov). This exponential increase in greenhouse gases has already led to dramatic changes in our climate. Since 1993, the pace of sea level rise has doubled, leading to more destructive storm events and a 300-900% increase in instances of nuisance flooding (www.climate.gov). Other measurable effects include ocean acidification, coral bleaching, ecosystem shifts, and record-breaking high global temperatures. However, what we do right now can still have crucial impacts on the extent of future climate change. Globally, if emissions continue to rise at their current rate, scientists predict a 7 degree F rise in global temperature, which could be destabilizing and potentially devastating to our current climate. By cutting emissions, we can ultimately curb the total concentrations of greenhouse gases in our atmosphere, leading to less drastic temperature rises and an increased ability to adapt. What does this mean for farmers and gardeners? First, we will have to adapt to changing climate and its inevitable effects on what we grow and how we farm. As stewards of land and environment, we also have an opportunity to be part of the solution by adopting techniques to slow or reverse the emissions of greenhouse gasses. Just a note: ultimately, organizing to stop corporations, government, and industry from continuing to profit off pollution is key to fighting climate change! Change does not solely lie with the individual, but taking steps in our own lives to help will still have a powerful collective impact.
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What can you do in your garden to help mitigate climate change: •
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Plant trees and perennial plants o Planting fruit trees, berry bushes, and perennial fruits and vegetables including asparagus, strawberries, sea kale, and rhubarb can help mitigate climate change in several ways. Plants store carbon, which is then released when the plant decomposes; by planting trees and plants with a longer lifecycle, we can actually sequester this carbon, keeping it out of the atmosphere for longer. Perennials also help reduce the need for tillage, a practice which contributes to carbon release (more on that in a second)-- and, through this reduced tillage and through roots’ ability to hold soil in place, perennials can help improve soil structure. We’ll talk more about why this is important below. Practice no-till or reduced tillage o Scientists believe that tillage accounts for 26% of all agricultural-related greenhouse gas emissions, meaning that reducing our tillage is crucial. Happily, no-till and low-till agriculture are associated with a wide range of benefits, including better soil, better weed management, and more beneficial insects and microbes, that lead to healthier plants in addition to reducing carbon! o What is no-till? No-till is a particular set of cultural practices in which farmers do not till, or turn over, the soil each season or after every crop. Instead, farmers pull out dead plant material, and, depending on the crop, leave it to break down on the surface of the soil, or shred it into mulch and put it back onto the garden bed. Some farmers even solarize or tarp the bed until the plant material underneath breaks down. To control weeds, farmers use mulches, broadcast seeds, or use cover crops instead of tilling between their rows. o Why does no-till help? Tillage disrupts the many natural systems that keep soil healthy, including fungal networks, earthworms, and various microbes. It also increases erosion of precious topsoil, while releasing more greenhouse gases into the atmosphere -- not only by burning gasoline to run a tractor or tiller, but also by exposing microbes and soil fauna to decomposition in their exposure to atmosphere. Reducing tillage can help rebuild soil structure, preserve topsoil, and maintain soil ecosystems. Better soil structure also leads to better drainage, another important factor in adapting and mitigating climate change in this region. Take steps to improve drainage and conserve water o No one knows exactly how climate change will look and what effects it will have in each area, but right now, most experts think that our area will get hotter and wetter, but more of the rainfall will come in heavy, infrequent, rain events. What does this mean? It means that we may have more drought, because hotter temperatures lead to faster evaporation, but we will see more rain overall because when it does rain, it will rain hard. This, in turn, means more flooding, erosion, and groundwater runoff. o How can we help? Improved soil structure and planting trees and perennials already help preserve soil and hold water, so if you are implementing points 1 and 2 you’re already doing great!
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Other ways to conserve water include installing bioswales, rain barrels, rain gardens, berms, and permeable pavers in your garden space or home. We don’t have space to explain these in depth, but at the end of this chapter, you can find a few resources to explore these options more.
What can gardeners do to adapt? Many adaptation strategies look a lot like strategies to help reduce carbon in the first place! That’s right, that means planting perennials, improving soil health, reducing tillage, and conserving water will help you garden more successfully when the climate does change. Since we don’t know exactly HOW the climate will change, it’s impossible to say exactly how we’ll need to adapt, but nimbleness and flexibility are good strategies to keep in mind not only because the climate will change in unpredictable ways, but also because, initially, it seems like there is already more unpredictability in weather as a result of climate change. That means one year, I plant my spring crops three weeks early and they come up great; the next year, I try the same thing and then am foiled by an uncharacteristic freeze late in the spring! We will need to stay flexible and resilient to keep up with the unpredictability of our changing climate. •
As the climate warms, we may be able to plant warmer weather crops and experiment with new varieties and species. Growers in Philadelphia are already experimenting with plants known to thrive in slightly warmer climate zones, including pomegranates and olive trees. Experimentation is a great way to test how far we can go with this, combined with proper winter protection and seed saving; if you save the seeds from your hardiest, best producing specimens each season, we can gradually produce plant varieties that will do best in our area.
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We will need to adapt to new and worsening pests and disease issues as winters become more mild and summers become wetter and hotter. Already, growers are having more severe issues with diseases like downy mildew and late blight, as well as certain insect pests. o Selecting varieties that have been bred for resistance, as well as continuing to save your own seed with an eye toward disease adaptation, can help address this! For natural and effective repellants or controls, look to the Rodale institute, local gardening forums, or PASA for ideas. o Warmer winters may affect fruit production because many fruits we grow need sufficient chills to set fruit. Fruit growers are experimenting with different cultivars to help address this.
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We will need strategies to adapt to a hotter, wetter, climate: o Mulching, cover cropping, and broadcasting seeds instead of planting in rows shield soil so plants maintain more moisture and won’t dry out. o Wetter springs are already challenging farmers’ ability to get their fields prepped and planted for their earliest crops. To adapt, some farmers have started prepping and then tarping their fields in late fall, or planning their spring crops to be planted only in their best draining field areas. o Growing in raised or mounded beds can increase drainage and prevent plants’ roots from standing water in the event of too much rain or heavy rain events.
GARDEN NARRATIVES INDIVIDUAL GARDEN NARRATIVES OF SUCCESSFUL LAND TENURE OR GARDEN LOSS Real stories from actual gardens in Philadelphia can be really helpful in determining how to protect your own garden. The following stories are all from Philadelphia gardeners, some successful and some unsuccessful in preserving their gardens. They are all instructive in illustrating some key elements to winning your garden’s protection.
Stories from Gardens that were successfully protected from development
Manton Street Community Garden Mark Berman It didn’t start as a garden. There were two lots —a defunct pocket park (owned by Public Property) and an empty lot (owned by RDA). In June 2011, we flyered the neighborhood with the message: We have properties in mind to turn into a public space; let’s meet and figure out what to do with them. We provided a phone number and an email address for questions, concerns, anything. It was very important that we had a definite, reliable contact number and We met two weeks later. Don’t put your ideas over anyone else’s! There was no solid vision until the neighborhood met. The first meeting had 50
a good turnout. Everyone listened to everybody; there were no fixed ideas. Neighbors wanted to have a cleanup and wanted to turn the corner lot into garden. We met one week later for cleanup and then every week after that. That sort of consistent visibility is key. Being out there is key. Transparency is key. Make signage and public information for your garden! It is your presence when you can’t be there. Always provide contact info. We contacted Mark Squilla. He was very supportive, very helpful. He had not yet become councilman. We reached out to him in the early stages of your garden. Make sure your council person knows about you and your gardens so they can be your advocate. During all of this, we didn’t know our garden was threatened, but the lots were slated to be sold. In November 2011, after six months of the community meeting
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weekly to clean the lots, surveyors started showing up. We weren’t worried at first; we thought it was Parks and Recreation. However, when we emailed Parks and Rec (who had been partnering with us because they told us the lots were on their parks inventory) about it and then realized it wasn’t them, we knew our garden was threatened. We assembled a full campaign to save the lots. We formed a nonprofit, Friends of Manton Street Community Gardens. Some people were designing, some were researching or gathering right-to-know forms to find evidence of the alleged public auction of the lots (nothing turned up). We had people running the ropes with L&I to get info from contractors. Some people handed letters to council people at City Hall. The letters were a plea for help; they described situation. It’s good to reach out to friends groups, park groups, neighborhood organizations and businesses, non-profits, etc. An intern from the Community Design Collaborative, for example, volunteered to create a concept design for the park and garden. This was a very helpful visual tool to aid us in advocating for the garden space. It’s important to look like you know what you’re doing (even if you don’t really) and appear as professional as possible. You can’t do this in a bubble. Saving a community space requires community. Be a part of community events and invite other groups to your events. Reach out to everyone you can. Collect email addresses and phone numbers from meetings, volunteer days, parties, rallies, etc. When we found out the lots were going to be sold, we called the Daily News and had a big spread. Press is key, especially knowing resources available and who to call. The lots were sold without public notice. In response to the Daily News article, the contractor contacted us to apologize, saying they didn’t know the lots they purchased were a garden and park. They even offered us two of the five lots they purchased. In December 2011, we threw a holiday party turned rally. We called local newspapers, contacted blogs, that outreach was critical. Neighbors are essential, but so are outside and political supporters. Mike DiBerardinis from Parks and Rec helped us. All along we thought the park was on P&R inventory, but it wasn’t. We called all city agencies. OHCD was listed as owner, but OHCD had no knowledge of this. It was a nightmare. Turns out it 51
wasn’t listed as a park after all. Sometimes we just showed up and crashed Frank DiCicco’s (the current Councilman) office. At Mike DiBerardinis’s office he said, “What do you want me to do?” We told him we wanted him to put the Park and Garden back into P&R’s inventory. He agreed as long as we could get Public Property to cancel the sale of the two lots that he contractor offered us. After much calling and pleading, letter and email writing, and with the help of soonto-be-elected Councilman Squilla, Public Property agreed, and Mike D. took the park and garden into his inventory. June 2013 came around—finally, the Public Property lots that were the park had been transferred to Parks & Rec but the RDA lot (the garden) was still not transferred. Once park was transferred to Fairmount Park Conservancy it took 2 years for RDA to get their act together. Fairmount Park Conservancy awarded us the Grow Your Neighborhood grant, we discovered RDA still hadn’t done its paperwork—with Squilla’s help under much urgency we got RDA to finally make the transfer of the garden lot to Parks & Rec. Anything in P&R inventory after 2010 cannot be sold. P&R provided mulch each year. Register with P&R if you can. We received $50,000 in grants for fencing, landscaping, installing a water source, PFD fill, rain barrels, etc. Contractors gave us $1,000 towards garden construction. I never thought this would happen; we were just picking up trash. Tell council people your story. Tell anyone your story. Don’t look at anyone as your enemy in this process. Also, have everything in writing and email.
St. Bernard Garden Trevor Mcelroy The St. Bernard Community Garden has been around for over fifteen years. It is located on St. Bernard Street, just off of 50th Street, between Springfield Ave and Chester Ave. The site was previously dilapidated homes which had been 52
fire damaged. Community members worked to have the homes demolished then turned the site into the garden. Since then, over 50 raised beds have been built, fruit trees planted, watering systems installed, shed and tools purchased/ donated, and the street and adjacent areas cleaned up. Many people contributed to its transformation. Through the years gardeners researched the status of the two properties which made up the garden; they both had liens and the same possibly deceased owner.
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Multiple times gardeners reached out to the family who owned the properties but could not find anyone to discuss buying the properties. In the Fall of 2012 a gardener was informed by a friend who develops houses in the neighborhood that one of the garden properties (1010 S. St. Bernard) was listed for sheriff’s sale only a few days away. Gardeners mobilized, began meeting and organizing, with guidance from someone who had experience with similar garden situations. First we worked to get the upcoming sheriff’s sale postponed: we luckily found out that no owners were contacted about the sale which was grounds to postpone. Once the sale was postponed, we contacted neighborhood organizations and our city council person’s office to pursue all possible options and began a fundraising campaign. We had the sale postponed again with the help of the councilperson. We formed “the Friends of St. Bernard Garden”, obtained letters of support from several neighborhood organizations and began fundraising by calling all gardeners and reaching out to friends, family, neighbors, and businesses. We created a website, facebook, paypal account, press releases, and went to several community meetings and groups to spread the word. We held a fundraising event with a silent auction at a local restaurant and raised over $10,000 total. We obtained a bunch of press and community support and ultimately got word from the council persons office that they were able to get the city to bid up to the lien amount to preserve the garden. We were also willing to spend our raised money beyond that. The day of the sale gardeners were handing out fliers asking attendees not to bid and explaining the situation and trying to make sure everything would go as planned. We had a group at the front making sure things went as expected, at the beginning of bidding the auctioneer was supposed to announce that the city was bidding up to a certain amount, however this did not happen. We started making a commotion and tried to explain our situation but were hushed by the bailiff, however we could tell we were noticed and clerks started making phone calls. We bid up to $45,000, but the bidding continued until the auctioneer cancelled it and said they would return to it after details were figured out. They came back and said they would bid to another amount (about $75,000) but never got that high. The property was now in city inventory and our next goal was to get the property either under our ownership or a in land trust. We had already formed a state non-profit organization with the help of a pro-bono lawyer, now we started to form a federal 501c3. Our next goal was to protect the second property, 1008 s. St. Bernard, which we we found out had a different type of lien which the city actually 53
sold along with a ton of other debt to a law firm which specializes in buying and chasing down debt. During this time the Neighborhood Garden Trust was under a transitional phase so it took a while to get officially recognised by them as a qualified garden. It also took a long time to get clear communication from the council person’s office about the process of the getting the deed transferred to the NGT because at one point a city representative was just trying to give the deed to neighbors. It is also taking a long time to get understanding from the city about the second property, our contact has said the city is negotiating to get the deed handed back over to the city but is a long process. Now that we have started a relationship with NGT they have been helpful in working with the city. All in all we had about 10 gardeners who played a significant role as well as the rest of the approximately 50 gardeners who helped and donated, we had the help of 2 pro-bono lawyers and several community leaders lending their experience. We spent many hours in city hall waiting to meet with our council person’s aid and met as committee over 20 times. St Bernard Garden is now in the Neighborhood Gardens Trust, in process to be preserved. In May 2016, one of the other lots, 1008 S. St. Bernard went up for sheriff’s sale. After pressure from community advocated, Councilwoman Jannie Blackwell intervened to halt the sale. One possibility is for the Land Bank to acquire the property and then lease it to NGT. The gardeners are still figuring out next steps to preserve the lot in the long-term.
GARDENS IN LIMBO
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Emerald Street Urban Farm Elisa Ruse-Esposito Emerald Street Urban Farm does not have any formal agreements to be on their land. We are still just squatting. At Emerald Street we are on 5 parcels 2 are privately owned and 3 are owned by different city agencies. We have had numerous meetings with Councilwoman Sanchez’s Office and Jennifer Kates, and they have been really helpful however there appears to be nothing we can do at the moment. The private lots would need to be forced to sheriff sale but we don’t have the capital to buy them and then even if the city agencies were behind preservation
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we would have to consolidate the lots and find a nonprofit to hold title. As of now we don’t have the capacity to go through that process. The only upside is that the process would be just as difficult and time consuming for a developer, but I guess the difference is that they would have the capital to make it happen. All in all, we just keep building community support for the project and try to connect with as many community groups and neighborhood institutions as possible.
GARDENS LOST
Sloan Street Community Garden Ari Rosenberg Sloan Street was started in 1999. The original property owner gave permission for the garden to be developed. Over 50 people have gardened there. In 2013 there were 18 members/families. Mr. V acquired the land through a sheriff’s sale in 2004. The gardeners contended that the sale was illegal because there was not the proper 30 day notice. They did have someone at the sale but they were out bid by Mr. V. In November 2012 we were alerted that Mr. V was putting the land up for sale and that we needed to be off the land by December 1, 2012. We moved everything by December 15, 2012.
Anne, a garden member, contacted Mr. V’s realtor to try to find out the asking price for the lot. He didn’t return Anne’s calls or emails until after the land was in settlement with a new owner. On December 31, 2012 Mr. V had the old garden fenced off. Much of the efforts to save Sloan Street involved zoning laws and filing appeals to slow or halt construction. The last zoning hearing (which Sloan St. gardeners were aware of and present for) was November 2011 for a single family unit. That approval expired November 2012. In April 2013, another zoning request was submitted for a multi-family unit and approved by the board with no public posting, notification or process. On April 18th, 2013, a permit for construction was processed and approved on June 28th, after work had started on the site four days earlier. We filed an appeal with L&I for the permit on July 10th citing there was no public notice and that the company started construction without a permit. On July 11th we were told we had no grounds for appeal; it didn’t matter that construction was started early because the company, Duling Construction Management, LLC, did get 55
a permit. Duling was able to get an “over the counter” zoning permit legally without notifying RCO because of a law change in August 2012, stating that construction companies did not have to post when they reapplied for a new permit, even if the new permit was different than their previous one. Construction started in mid July 2013. A cease-work order was issued August, 23, 2013 for having no “bulldog permit” for plumbing and no permit to be on the sidewalk. In September 2013, Duling Construction Management, LLC agreed to donate $500 to the garden for using the space for their equipment. The garden was moved to a cement lot that Presbyterian Hospital owns. SLG has a good relationship with them, but will never receive a formal lease agreement. The new setup has 19 beds plus some tubs with herbs, strawberries, and raspberries and some potato planters. Three beds plus the potato planters were supplied by City Harvest.
36th & Spring Garden Khenti Pratt Kentie gardened at 3616 Spring Garden Street for 17 years. She took it over when it was an abandoned lot in 1996, when it was total blight. The land was owned by the RDA. In 201_, a lot of redevelopment was happening in the area. Around this time, the gardeners had just learned about the Neighborhood Garden Trust and were in the process of trying to get the garden protected when Lami Shiraine bought the lot from the city for $40,000. They also tried to register the property with the Historical Society of Pennsylvania, but HSP was was not interested. Kentie learned the lot had been purchased because she saw a zoning hearing notice on the fence of a neighbor’s lot. She went to the zoning meeting and found out that this developer had bought the lot. He offered to help her move to another lot that he owned when he developed this one, but they were not good for gardening. Kentie found land that her friends owned to move the garden to at 52nd and Lancaster. Kentie wishes she had known about the Neighborhood Garden Trust earlier; they could have helped if the lot had not been bought. Stronger communication 56
and organization among the gardeners would have made a difference. They had a fundraiser for the new garden with five reggae bands, but it wasn’t well attended and they only ended up raising $300. Now she need access to a pickup truck to help her finish moving pavers and soil. She doesn’t have a computer or use e-mail, so she’s been accessing PUFN through friends. She would like to have a raised bed building party in her new space, as well as a seedling potluck.
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RESOURCE GUIDE Legal Resources •
American Community Garden Association offers affordable liability insurance policy for members.
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UrbanAgLaw.org contains legal information, best practices and supporting tools for urban agriculture in the U.S.
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Department of Records Philadelphia has information on the municipal records and land ownership.
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Dig, Eat and Be Happy: a Guide to Growing Food on Public Property by ChangeLab Solutions presents helpful legal and policy information for city gardeners regarding questions about common types of land agreements, issues of liability, utilities, maintenance, growing practices, contamination, access, security, improvements and gardening on school district property.
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The Urban Agriculture Law Project, A legal blog maintained by Becky Lundberg Witt.
Resources for land permission, ownership, and tenure: •
See Grounded in Philly’s “Pathways to Land Access” page for detailed how-to’s in accessing land from various city agencies, private landowners, sherriff’s sale, and adverse possession:groundedinphilly.org/resources/pathways-list/
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Grounded in Philly is a new webtool (still in beta) that can help you identify existing gardens, owners of vacant lots, or folks in your neighborhood who are also interested in organizing gardens or green space. www.groundedinphilly. org/
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These maps can help identify land parcel owners:
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www.phila.gov/water/swmap
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opa.phila.gov/opa.apps/Search/Disclaimer/disclaimer.aspx?url=search
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Contact the Public Interest Law Center of Philadelphia for help protecting an existing garden or with questions about land access/tenure: www.pilcop.org/ garden-justice-legal-initiative-gjli/#more-882
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If you are using a garden space and would like to make it a permanent space, check out the Neighborhood Garden Trust, which can help hold a lease or title to some gardens: www.philadelphialandtrust.org/
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Soil: It is important to test the soil of any new site before you begin to work. While this is especially important if you plan to grow edible crops, even ornamental gardens can transmit heavy metals and other toxins from garden dirt when children and adults play or work in the soil and then touch their face or eat food. Make sure to do a test that includes heavy metals. When you choose a site, try and figure out what the previous uses of the site and surrounding sites were. This will give you a better idea of what contaminants you might find in your soil. •
More information on soil contamination and what to do about it: thefoodproject. org/soil-testing-and-remediation
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Detailed report on determining contaminants and how to deal with them: www. epa.gov/swerosps/bf/urbanag/pdf/bf_urban_ag.pdf
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Where to test your soil for contaminants:
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Penn State Soil Testing Lab: www.aasl.psu.edu/ssft.htm
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University of Massachusetts offers the most affordable testing for lead and other heavy metals: soiltest.umass.edu/
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The Recycling Center in Fairmount Park gives away compost, mulch, woodchips, and manure. Materials are free for up to 30 gallons. Although not ideal, plantable soil can be made by mixing leaf mulch with compost. www. phila.gov/PARKSANDRECREATION/ENVIRONMENT/Pages/RecyclingCenter. aspx
Labor: Many people jumpstart their projects by having a big workday to clear the site, do initial plantings, and build enthusiasm by giving their neighbors a chance to envision the site’s potential. •
Where to find volunteers: Make sure to include your neighbors! Pass out fliers door-to-door, drop off information at neighborhood organizations, schools, and churches, and ask to put up signs in local restaurants or corner stores.
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Post your event online to get city-wide volunteers:
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www.volunteermatch.com
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volunteer.phila.gov/#s
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www.mlkdayofservice.org/ 59
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www.jewishfarmschool.org/urbanfarm/
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Post on the Philadelphia Urban Farmers Network, which can also be a good starting place for knowledge and resources: https://groups.google.com/ forum/?fromgroups#!forum/pufn
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Join a local currency system– you can barter skills you may have for specialized help, including carpenters, gardeners, people with pickup trucks, etc.
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Philabucks: philabucks.org/
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Equal Dollars: www.equaldollars.org/
Gardening + Farming •
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Check out the Pennsylvania Horticultural Society for useful information about how to grow various fruits and vegetables, garden in small spaces, and organize your community. -
PHS garden tenders class: phsonline.org/greening/garden-tenders
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PHS green city teachers (if you plan on using your garden for education): phsonline.org/greening/green-city-teachers
Penn State Extension Vegetable Gardening has lots of great information on site selection, growing, and managing gardens. -
Penn State Master Gardeners class: extension.psu.edu/philadelphia/ programs/master-gardener
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Penn State Master Gardeners hotline (Call with questions): extension.psu. edu/philadelphia/programs/master-gardener/horticulture-hot-lin
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Philadelphia Orchard Project plants orchards throughout Philadelphia creating green spaces and community food security.
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Food Studies at Penn has upcoming events and information on speakers and other potentially useful event planning materials.
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Eastern Pennsylvania Permaculture Guild offers events, workshops, and meet-ups for gardening, energy and agricultural information.
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American Community Gardening Association contains tips, FAQs, resources, conference information, teleconference participation, archives and other information helpful for maintaining a garden and growing your knowledge base.
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The United States Department of Agriculture shares comprehensive information on urban and suburban agriculture as well as an additional resource list.
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The Organic Guide covers some basics for garden site selection and growing food.
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EPA Brownfields and Urban Agriculture: Interim Guidelines for Safe GardeningPractices is a condensed report from 60 experts on how to safely grow food on formerly polluted sites.
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Sign up for the Philadelphia Urban Farmers Network listserve (https://groups. google.com/forum/?fromgroups#!forum/pufn) to learn about other classes and opportunities
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Philadelphia planting guide– find out what crops grow best at what times of year in our climate: extension.psu.edu/philadelphia/programs/ mastergardener/horticulture-hot-line/philadelphia-planting-guide/view
Material Resources and tools: •
Managing Directors Office: block captains and neighborhood leaders request tools to borrow for neighborhood clean up and related projects: www.mcaleer07. net/takethechallenge.pdf
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West Philly Tool Library: westphillytools.org/
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Some CDCs, NACs or other community organizations may have tools for community members’ use. Check with your local community organization to find out: ecasavesenergy.org/services/neighborhood-energy-centers
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The Habitat for Humanity Restore sells garden tools, as well as wood for raised beds and other tools, at a discount. Profits go to support their programs: www. habitatphiladelphia.org/restore
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The Farm and Garden section of Craigslist often posts cheap tools, soil, compost, materials, and other useful items.
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The free section of Craiglist often posts firewood, bricks, palettes, horse manure and other useful materials for starting or maintaining a garden project.
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Plants and Seeds: •
PHS City Harvest Program offers seed, soil, seedlings, supplies and technical assistance through Green Resource Centers to participating urban farmers and gardeners. City Harvest participants will receive instructional workshops on organic pest prevention and control, pre- and post-harvest handling, season extension and soil building. Participants are expected to donate a portion of their produce to local soup kitchens and food cupboards.
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Philly Seed Exchange: phillyseedexchange.org/phillyseedexchange.org/
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Call or write to your local garden center or favorite seed company in the early spring, and request a donation of last year’s seed. Make sure to mention where the seed will be going and why your garden is unique and important.
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Look for plant swaps in your neighborhood– many gardeners or neighbors associations will host them as fundraisers, and they can be good low-cost sources of perennial flowers and herbs.
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The Philadelphia Urban Farmers Network listserv is a good place to request or accept offers for divisions of perennials, extra berry canes, and other seedlings or plants. https://groups.google.com/forum/#!forum/pufn
Water: •
Sometimes near neighbors will let you use water from an outside spigot in exchange for some money toward their water bill or free vegetables or flowers.
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You can get free rainbarrels installed at residences (you must have a downspout) through the Energy Coordinating Agency: ecasavesenergy.org/ services/neighborhood-energy-centers
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If there is a fire hydrant near your garden site, you can request a fire hydrant permit from the city for community gardens. You must obtain a backflow valve and show the city the receipt receipt to apply (which can be pricey), along with the tools to turn the hydrant on and off, but if you are affiliated with a nonprofit and can supply a tax-ID number, the city can waive the yearly fee to use the hydrant.E-mail: joseph.yeager@phila.gov , Head of Fire Hydrant Enforcement & Corrosion Control Units. Include: Garden contact name, non-profit tax ID, address of hydrant for which you are requesting permit.
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Small Grants •
Philadelphia Activities Fund Grants - Offices at 1515 Arch Street, 10th floor, Philadelphia, PA 19102.
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Fiskars Project Orange Thumb - 2014 grant and garden makeover applications
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The Home Depot Foundation Community Impacts Grant Program Grants, up to $5,000, are available to registered 501(c)(3) nonprofit organizations and tax-exempt public service agencies in the U.S. that are using the power of volunteers to improve the physical health of their community.
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Lowes Toolbox for Education Grants
Climate Change Mitigation Resources •
Philadelphia Water Department’s rain-check program: A great source for stormwater management solutions, many of them free or subsidized: http://www.phillywatersheds.org/whats_in_it_for_you/residents/raincheck
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Climate and Urban Systems Partnership: Offers educational materials, workshops, and more to facilitate climate change awareness and resiliency in Philadelphia http://www.cuspproject.org/cities/philadelphia#.VyIrXzArLIU
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Rodale Institute: Organic farm research center in PA with extensive resources on no-till organic farming systems: http://rodaleinstitute.org/our-work/organic-no-till/
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Cornell Institute for Climate Change and Agriculture: A collection of videos, fact sheets, and articles to dive more into the connections between sustainable farming and climate change http://climatechange.cornell.edu/tools-resources/agriculture-resources/
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Resource Guide
Philadelphia Community Gardens Provided by Soil Generation