More on the Proposed new Rules for NYC Community Gardens

It has been almost 3 weeks since my last post because a lot has happened in that time and I wanted to wait to comment. There has been a lot of press in the newspapers, TV, radio and blogs, most have characterized the NYC gardens as being threatened. The Gardens of Fear in the Daily News, Your Community Garden on the Brian Lehrer Show on WNYC, even bicyclists are blogging about this issue. These were all written or aired after a hearing which was held on August 10, 2010 to solicit comments about the proposed rules. At least 300 people attended and over 80 gave testimony. I still believe that the new rules should be instituted as a first step to insure that there is some protection in place when the current agreement expires. Then there needs to be a mechanism found to permanently protect existing gardens and a policy to allow new gardens to be started and protected.

The way I read the rules it will be difficult to take away an existing garden. The real problem is the statements that have been made by Adrian Benepe, the Parks Department Commissioner - listen to the Brian Lehrer show link above - that sound more like the city is looking for excuses to develop any gardens that may do anything deemed to break the rule. The city really should be rewarding the community gardeners for their stewardship of city land which has provided many community benefits at no cost to the city.

The commissioner refers to problems with the gardens or gardeners. With nearly 500 community gardens in NYC there will be issues from time to time with characters who do things that might jeopardize all of the good work done by the overwhelming majority of community gardeners. The point is that the land that the gardens sit on happens in most cases to be in areas where their is a lack of open space. Building on even one garden means that a neighborhood, usually one of color and low income will forever have less open space. There are several organizations that work with community gardeners like the Green Guerillas, GrowNYC, GreenThumb, Brooklyn Green Bridge, the New York City Community Garden Coalition and Bronx Green Up to strengthen the social sustainability of the gardeners that can help if and when these issues arise. The people who are the community gardeners change all of the time as people age, move away or pass away but there seems to always be newcomers to the city and the neighborhood or longtime residents to step in and continue the good work.

So lets find a way to protect our community garden land.

New Proposed Rule for NYC Community Gardens

The settlement that has protected NYC community gardens from being bulldozed is set to expire in September 2010. The city has proposed a new rule to be included in the official NYC Rules and Regulations (who knew such a thing existed) to replace the settlement.

It is actually 2 rules, 1 for the community gardens that are under the jurisdiction of the NYC Parks Department (Parks) and 1 for gardens that are under the jurisdiction of the NYC Dept of Housing Preservation and Development (HPD).

The original settlement preserves many community gardens but slated some - the HPD gardens - for development. Even though the settlement is 7 years old some of the gardens slated for development have not yet been developed! Those gardens will be covered by the HPD rule. A larger number of gardens were given an "Offer for Preservation" and were preserved as Parks gardens. Those gardens will be covered by the Parks rule. That does not mean that they are 'mapped as Parkland' which would mean that it would take an vote of the State legislature to 'Alienate' them from being Parkland. There is some debate about how much protection is afforded by being mapped as Parkland. For instance, several mapped Parks were taken from a Bronx neighborhood to build the new Yankee Stadium, basically a gift to the wealthiest sports franchise in the world.

To add to the potential options the New York State Assembly is introducing a new bill that requires "municipalities which sell, transfer or lease community garden real property to use the proceeds therefrom for community garden purposes".

Many community gardeners are wary of the new rule. Some have proposed a new zoning designation for community gardens and others have championed mapping as Parkland. Some are using scare tactics - telling gardeners that their garden risks being bulldozed.

A quick reading of the new rules show that they are very similar to the settlement. In fact while the settlement only applied to gardens existing at the time of the settlement the new Parks rule also applies to any future community gardens. A policy for future community gardens is something that I have been proposing since before the settlement.

At this time I support the new rules as a way of preserving community gardens. It may not be perfect but the rules pretty much keep the heart of the protections from the settlement.

Vertical Gardening Update

I'm having mixed results with the Vertical Gardening experiment. I have 2 test sites, 1 in a community garden that I visit once or twice a week and 1 in my backyard. The heat and drought we have been experiencing in the Northeast is not helping matters. I knew that the planters would have to be watered regularly but had hoped for some help from the rainfall. So the planters in the community garden are not fairing as well as those in the backyard. At home I have been watering every other day. In the community garden, they are watered less often.

The peppers seem to withstand the heat and lack of rainfall the best. Cucumbers and tomatoes are doing well. The tomatoes are all heirloom. So far the San Marzano are staying upright without any support. All of the plants seem to be supporting each other with the tendrils from the cucumbers helping to hold other plants up.

I tried planting Arugula seeds which did not do well, so I just replaced those with a pole bean which sprouted in about 3 days. Otherwise the only disease problem I have encountered is the 2 broccoli plants are growing tiny heads in the middle of the florets.

This week I added the liquid that drains from my worm bin to the planters at home and some compost to the planters in the community garden.

Community Garden Rules

For a Community Garden to operate successfully the gardeners should have a written set of rules that everyone agrees to follow. This is no easy task. Devising a set of rules that takes into account all possible circumstances may be impossible so having a mechanism for updating or adding rules that is also fair and equitable is very important. The rules shouldn't be a a "NO" list or a series of "DON'TS" but a document that is positive and gives a rationale for why a rule is included. The example below from Madison Wisconsin is such a document. Note that fun and safety are mentioned at the beginning. How to resolve conflicts is clearly stated as well as how to get information and needed materials like compost. There are some "NO" rules - herbicides, pesticides, dogs, selling produce, cars - mostly at the end. As well as a few "DON'TS" like stealing, planting tall things that will shade your neighbors plot or vines that get out of control and invade others plots as well as a short list of plants that should not be grown in the garden. These are things that need to be spelled out because lets face it, for many people, if something is not specifically outlawed, to them it is allowed. Each garden will have some very specific rules because of the location or size of the garden or because of regulations or stipulations by the landowner or municipality. Creating the rules initially can be time consuming and argument provoking but going through the process at the beginning will avoid later conflict. It helps to have something to start with, so the Community Garden Rules below are a good place to start.

Community Garden Rules
Rev 12/1/05

Below are some of the rules created at Madison gardens, which should be fine-tuned to suit your garden. Clear rules help because it is better to have people mad at the rules than mad at the coordinators!

q The garden should be a safe place for the community, children, and other gardeners. Do not bring anything that will compromise the safety of the garden.

q Ensuring enjoyable gardening experience for all of the garden community is the primary goal of these rules and responsibilities. For this reason, observe the rules of the garden, and be a good neighbor.

q The garden’s executive committee or steering committee has the duty of enforcing rules and making decisions for the garden between annual meetings of all gardeners. They have authority to resolve conflicts, including refusing a plot to a gardener or dismissing a current gardener.

q Please check the bulletin board for a map showing where your plot is, as well as information concerning the garden - problems, classes, information, notices. Feel free to post information you have and leave messages for other gardeners there.

q Teach your children to respect others’ plots and not to waste water.

q Unresolved issues or disputes between gardeners will be referred to the coordinators or garden board.

q Each person must apply each year for a plot but returning gardeners will be given first preference and permitted to keep the same plot if they wish. The number of plots per gardener may be limited according to demand.

q You are responsible for your own plot and ______ hours of volunteer work (contributing to the upkeep of the whole garden.)

q If you are unable to care for your plot for a time because of illness or vacation, ask a fellow gardener or the coordinator for help with weeding and harvesting.

q Generally visit your plot at least once each week.

q If you decide not to use your plot, please contact the registrar so it may be reassigned to someone on the waiting list. If there is no evidence of activity at your plot by June 1st, it will be reassigned. There are no refunds on plot fees paid.

q If your plot is overgrown with weeds, you will receive a warning. After one week of no action, your plot may be mowed and reassigned.

q Biodegradable mulch such as compost, leaves, straw, and hay are encouraged. Carpet mulch is not allowed. Remove any non organic mulch by closing day. No wood chips as mulch. They do not biodegrade quickly. Black plastic is allowed, but must be removed at the end of the season.

q Please do not plant mint, catnip, Jerusalem artichokes, comfrey or raspberries.

q Keep tall plants such as corn or sunflowers at the center of your plot so they do not shade your neighbors plants.

q Keep vines and visitors out of neighboring plots.

q If you have a surplus of vegetables or fruits, please contact a nearby food pantry to donate. CAC can give you a list of pantries.

q Do not pick from your neighbor’s garden even if you think they have neglected their plot.

q The garden is not available for commercial use; don’t sell your produce.

q Keep plot boundaries weeded and trash-free. lf you are on a pathway, you are responsible to care for 1/2 of the pathway between you and your neighbor. Keep plot edges and fencing free of weeds that will go to seed. Don't put rocks and sticks in paths. Take them to the rock-and-stick area.

q Compost made from leaves should be available at your garden. You can also go and pick up the same excellent compost, free in small quantities and $10 for a pickup truck load. Get all the details on the Dane County compost hotline at 267-1502. Weeds and diseased plants should be put in plant refuse piles – not on the compost pile.

q If you use the garden’s tools, please return them to the storage area when done.

q Plant refuse piles are set up for weeds and diseased plants. Please use these designated areas. No trash in the piles, please. Please do not add kitchen scraps to the plant refuse piles because they are likely to draw animals.

q Pack your trash back home to dispose of properly.

q Stakes that mark your plot’s corners and have your plot number and name must be left in place all season.

q Never use any herbicides (weedkillers), and pesticides are discouraged and prohibited at many community gardens. Keep pest-control products and containers away from children. Dane County Extension at 224-3700 can give safe pest-control advice.

q No pets in the garden.

q Do not drive into the garden area.

A Link to learn more about GARDEN RULES 

From City Farmer http://www.cityfarmer.org/gardenrules.html

Treadle Pump

This week I delivered this prototype Treadle Pump that was designed by Mike Fenley, an intern who worked with me last summer on Rainwater Harvesting projects. Mike was a Masters in Engineering student at Syracuse University and his internship at Grow NYC was sponsored and paid for by the New York State Department of Environmental Conservation. Mike and I built the Treadle Pump from easily obtained lumber and plumbing parts as well as some homemade parts. The piston was made from a flip flop sandal cut to fit tightly in the cylinder. Mike's design was adapted from plans found on-line.

The Rainwater Harvesting systems we install in community gardens all use gravity to create water pressure which does not give enough pressure to water anything that is at a higher elevation than the level of the water in the tank. Community gardens also do not have access to electricity so using an electric pump is not a possibility. Using a solar powered pump is a possibility but it is expensive, somewhat technical for most community gardeners and an attractive nuisance for vandals and thieves. So we looked into human powered pumping. As an avid bicyclist, my first thought was a bicycle powered pump but I have not found any plans for modifying a bicycle to pump water directly. Many plans are available for generating electricity or powering a blender by pedaling.

There are Treadle Pumps available in developing countries that help tremendously with irrigation in areas where electricity is unavailable but they are not sold in the US. So we had to make one ourselves. Here is a video of the pump being tested.

The Walt Shamel Community Garden in Bedford Stuyvesant, Brooklyn, New York was one of the sites where we installed a 1000 gallon cistern for collecting rainwater from the adjacent building. We could not raise the tank more than a few inches off the ground because the spot we were able to tap into the building downspout was very low. We promised Greg and Debbie Anderson, the garden contacts, that their garden would get the prototype treadle pump. This week I was able to keep that promise.

The Walt Shamel Community Garden has a number of elements of the sustainable garden. They have compost bins, raise chickens (the coop is just to the right in the above picture), have a beehive and the Rainwater Harvesting System. The Treadle Pump became the latest piece of the sustainable community garden puzzle.

PF. 1

I have a book to recommend, Above the Pavement - The Farm!. I have to admit I have a personal connection here, I was interviewed about this project and some of that interview is included in this book. Interviews of the key players in this project tell the story of PF. 1 a combination of art, architecture and urban agriculture which was a temporary installation at PS 1 - MOMA in Queens, NY in Summer 2008. It is a stretch to call this community gardening but the architects and others involved in the project invoked community gardens as inspiration for their work.

Each year PS 1 holds a competition for young architects to design an installation for their courtyard space which serves as the venue for Summer Warmups - Saturday afternoon cocktail parties. The architecture firm Work.ac proposed an elevated urban farm, including chickens and my connection to the project - a Rainwater Harvesting system. Everything was solar powered including the water pumps, a cell phone charging station, fans, video and audio. Oh, and the structure was built from cardboard tubes called Sonotubes and used a lightweight soil mixture called Gaia Soil. Plants were grown at Rikers Island prison and at Queens Farm Museum a 47 acre working farm within New York City limits.

The story of how PF 1 developed from an idea to reality is interesting reading, part drama, with many heros and lucky breaks for the team. For anyone who is curious about how art, architecture and farming come together in a beautiful, functional creation, this is the book for you. And you have the added pleasure of reading quotes from me - much like you are doing right now.

UPDATE ON THE NEW YORK CITY COMMUNITY GARDEN SETTLEMENT

UPDATE on the New YoRk

City Community Garden Settlement

An article that appeared in the Wall Street Journal today highlights the controversy surrounding the expiration of the settlement that is currently protecting the community gardens from being developed. In a previous post I outlined the discussions that were going on and continue today.

The City Council is supposed to be deliberating and voting on a new rule that will basically continue the protections currently in place. They are dragging their heels. It seems that they work best when dealing with 11th hour deadline decision making. The gardeners are also drawing a line in the sand - some want gardens mapped as parkland, others want changes in zoning. Both options are problematic and the enactment of these protections are a long term processes.

In terms of the political situation, the current Mayor Bloomberg and the City Council are generally supportive of community gardens but if there is a garden on a lot needed for housing or other development anything is possible. The former Mayor Giuliani was antagonistic to community gardens and his actions led to the loss of numerous gardens, lawsuits and demonstrations. A unexpected benefit of Giuliani's actions was a tremendous increase in the awareness of the nature of community gardens by the general public locally, nationally and internationally and the benefits to a municipality from community gardens and gardeners.

In the Giuliani era there was a significant threat to gardens and a tremendous amount of activity from civil disobedience (marches, tree climbers, gardeners on 24 hour occupation of garden sites, coalitions being formed to work together against the threat, street theatre, demonstrations) to lawsuits to letter writing campaigns to lobbying politicians to fundraising campaigns for the purchase of gardens to behind the scenes maneuvering by community garden professionals and activists as well as organizations both local and national.

During the Giuliani era several lawsuits were filed against the city by nonprofit organizations such as the Green Guerillas, the NYC Community Garden Coalition and individual gardeners. The New York State Attorney General at the time and now NYS Governor Eliot Spitzer joined one Green Guerilla lawsuit which resulted in an injunction against the city that stopped the city from bulldozing any gardens. This injunction remained in effect from 2000 to 2002. Giuliani would not settle the lawsuit. It was settled once Bloomberg took office as a compromise where some gardens were lost some saved and some given a choice of a relocation site when their garden was lost.

The text of the settlement is here.

Link: http://www.ag.ny.gov/bureaus/environmental/pdfs/community_gardens_agreement.pdf

I would suggest that both sides use this a a template for a permanent agreement with the policy for new and existing gardens spelled out so that folks that want to start new gardens know what they have to do and current and future gardeners know what their rights and responsibilities are.

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