Landscape Trades - September 2020

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September 2020 VOL. 42, NO. 7

landscapetrades.com

Snow success: Think targets and funnels Drip irrigation for tree survival Unsophisticated contract signers get protection

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CONTENTS SEPTEMBER 2020 VOL. 42, NO. 7

EDITOR AND PUBLISHER Lee Ann Knudsen CLM | lak@landscapeontario.com ASSISTANT EDITOR Scott Barber | sbarber@landscapeontario.com LANDSCAPE ONTARIO MAGAZINE EDITOR Robert Ellidge | rob@landscapeontario.com MULTIMEDIA DESIGNER Mike Wasilewski | mikew@landscapeontario.com ACCOUNTANT Joe Sabatino | joesabatino@landscapeontario.com ACCOUNT MANAGER Greg Sumsion | gsumsion@landscapeontario.com COMMUNICATIONS COORDINATOR Angela Lindsay | alindsay@landscapeontario.com ADVISORY COMMITTEE Gerald Boot CLM, Laura Catalano, Lindsay Drake Nightingale, Jeremy Feenstra, Mark Fisher, Hank Gelderman CHT, Marty Lamers, Bob Tubby CLM, Nick Winkelmolen Landscape Trades is published by Landscape Ontario Horticultural Trades Association 7856 Fifth Line South, Milton, ON L9T 2X8 Phone: (905) 875-1805 Email: comments@landscapetrades.com Fax: (905) 875-0183 Web site: www.landscapetrades.com LANDSCAPE ONTARIO STAFF Andrea Annis, Darryl Bond, Grace Bruch, Amy Buchanan, Ben Buchmuller, Tony DiGiovanni CHT, Cassandra Garrard, Meghan Greaves, Sally Harvey CLT CLM, Tim Kearney, Keri MacIvor, Heather MacRae, Katarina Markovic, Kathy McLean, Jeff McMann, Joe Salemi, Ian Service, David Turnbull, Lissa Schoot Uiterkamp, Tom Somerville, Martha Walsh

Landscape Trades is published nine times a year: January, February, March, April, May, August, September, October and November. Subscription rates: One year – $46.90, two years – $84.74; three years – $118.64, HST included. U.S. and international please add $20.00 per year for postage and handling. Subscribe at www.landscapetrades.com Copyright 2020. All rights are reserved. Material may not be reproduced in any form without written permission from the publisher. Landscape Trades assumes no responsibility for, and does not endorse the contents of, any advertisements herein. All representations or warranties made are those of the advertiser and not the publication. Views expressed do not necessarily reflect the views and opinions of the association or its members, but are those of the writer concerned.

FEATURES 6

Online ordering emergency

How nimble retailers saved their 2020 spring, despite the pandemic.

BY INDIRA KANNAN

14 Borrowed idea boosts planting success

Drip irrigation lines help memorial trees beat brutal conditions. BY DAVE TURNBULL

COLUMNS

16 Management solutions

Processes and priorities: The path to profitability in snow.

BY MARK BRADLEY

18 Road to success

Poor quality does not sell in uncertain times; the good ones thrive.

BY ROD McDONALD

20 Legal matters

Supreme Court contract ruling prevents taking advantage of the unsophisticated, thanks to Uber.

BY ROBERT KENNALEY

30 Mentor moment

Reta Horan dedicates her career to getting families outdoors.

DEPARTMENTS ISSN 0225-6398 PUBLICATIONS MAIL SALES AGREEMENT 40013519 RETURN UNDELIVERABLE CANADIAN ADDRESSES TO: CIRCULATION DEPARTMENT LANDSCAPE TRADES MAGAZINE 7856 FIFTH LINE SOUTH, MILTON, ON L9T 2X8 CANADA

GREEN PENCIL 4 CNLA NEWS 22 NEWSSCAPE 24 NEW PRODUCTS 26 ADVERTISERS 29 COMING EVENTS 29


GREENPENCIL Invasive pest fells a shy beauty

Ashes to ashes

By 2020, the emerald ash borer has invaded halfway across Canada.

snowshoes, tennis racquets, baseball bats, IN THE EARLY 2000s, the emerald ash borer was first discovered in Canada. It’s a foreign skis, oars and paddles, and many other playful insect that kills ash trees, and it has spread quickuses, where its strong, pliant and elastic nature ly. But who is noticing? There has not been much were valuable. But we probably didn’t know it commentary in the general media. I keep waiting by name. for the public funeral, and the accompanying As workers, we would have been familiar outrage. Canada was invaded by a murderous with it too, again, especially if we are older. It has scourge and we’ve been placidly carrying on as been a very popular handle for tools, like hamthough nothing has happened. We ought to care. mers, axes, shovels, rakes, and anywhere else Some of us have noticed. In the early ’80s I where shock absorption was an asset. Hickory bought a house on the Scarborough Bluffs. One was sometimes an alternative, but the ease with of my first home improvements was to plant an which ash is worked, along with its (then) plentiash tree in the south-facing front yard. I wanted a ful availability made it the default. BY PAUL EPP tree that grew quickly and that provided shade, but I happen to now live in a house that was built not too much: a tree with a lacy rather than opaque in the 19th century as worker housing for an canopy. Ash was my ideal candidate, and it served me well, but now it’s adjacent wagon factory. Ash would have been the dominant material gone. There are other conspicuous gaps in our urban greenery, as ash used, again for its strengths and shock absorption. Plus, its availability has been a fairly popular urban tree, for the same reasons that I chose. It and good price point. Its long and straight trunks made it a productive was fast-growing and hardy, or at least until it was felled by its nemesis. wood to harvest. Once cars and trucks were replacing wagons, the It was also pretty, in an understated way. Other trees can be much more frames and supporting understructure of these early automobiles were impressive, but the ash was relied on to quietly get the job done. made of wood and usually the wood was ash. It was popular for rustic It’s conspicuously missing in our rural woodlands, too. Ash has long chairs and a few other items, but not heirloom material. been an important component of our wooded biodiversity. We have I’ve often thought of ash as feminine, tall and blond — like a Nordic taken its presence in our forests for granted. It’s usually long and tall, woman, but more of a lady-in-waiting than a princess. I’ve enjoyed her with a nice straight trunk. Its canopy lets some light through, which homely beauty and celebrated her understatement. She served me well benefited the undergrowth. Often found along streams, it anchored and I’ll miss her. LT the soil and checked erosion. It doesn’t have a brilliant and spectacular fall colour and that may be why, in part, we’ve overlooked it. Most of us have had some intimate contact with it, especially if we are Paul Epp of Picton, Ont., is an emeritus professor at Toronto’s OCAD University. older. It was the preferred wood for hockey sticks, toboggans, sleighs, 4 | SEPTEMBER 2020 | LANDSCAPE TRADES


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NLINE

to the rescue How garden centres and suppliers moved nimbly to save business during pandemic shutdowns BY INDIRA KANNAN IN MARCH, ANGA’S FARM AND NURSERY, a family-owned business in Toronto, was gearing up for this year’s busy season, like every other nursery and garden centre across Canada. No one could anticipate the scale of the crisis that seemingly materialized out of thin air, as the Covid-19 pandemic did that month. Suddenly, borders were shutting down, provinces were going into lockdown and most businesses, except for essential services, were ordered shut. The coronavirus crisis emerged at the worst possible time for the horticulture sector, which relies on spring through early summer for peak business. If many businesses emerged relatively unscathed, it’s due to the speed with which they adapted, mostly by ramping up online operations. Some were lucky enough to have had prior online experience. In Anga’s case, it was with social media. Manager Alex Anga

said they had launched an account on Instagram about a year before the lockdown began. “Honestly, it was probably the best investment of our time,” she said. “Right now, we’re hitting almost 10,000 followers. We would advertise our plants, our prices, and customers would just call in and place orders. Then it got really busy, so we decided to put an actual web store on our website, and that just took off.” The company hired an IT solutions provider to set up its web store, which proved critical once Ontario allowed garden centres to offer curbside pickups. But the staff at Anga’s still had a lot of work to do for the web store in taking inventory, putting up photos, descriptions and prices. “All of a sudden we had to scramble…we all kind of just learned on the fly. We had a POS system in store, so it did link up with the web store so we could sell things online and it would reflect in our store sales as well,” Anga added. Continued >


Peter Rofner of Richmond Nursery overcame connectivity issues, among other challenges, to improve online sales.

ACROSS THE COUNTRY, in Chilliwack, B.C., Kristin Mayo was struggling to answer the phones at Bamboo World, a grower and seller of bamboo plants and products. The company had what Mayo described as a “hobby website,” set up by her father when he started the business 22 years ago. Short of staff due to the pandemic, and unable to spend enough time on the phone with customers while also managing sales through April, Bamboo World went online-only in May with its existing web store. As the family’s home, store and farm are located on the same property, they had to close their gates to customers during the peak of the pandemic. “It was just really, really hard because normally people come into the store, look around, read the signs and can ask someone if they have questions. This year it feels like everybody was calling on the phone and wanting to ask a lot of questions. There was actually about a whole month when I didn’t even have enough time to complete our orders,” Mayo, the Sales and Operations Manager at Bamboo World, recalled. GIVEN THIS SCENARIO, digital enablers became important. Acceo, an IT solutions provider headquartered in Montreal, counts many small- and medium-sized garden centres across Canada as customers for software solutions covering inventory management, customer management, loyalty programs and gift cards. Paul Singh, Director, Business 8 | SEPTEMBER 2020 | LANDSCAPE TRADES

Development at Acceo, said they faced a surge in enquiries this year. “Over 70 per cent of our existing garden centre clients called asking for an integrated solution for online stores. The same software that is managing their physical inventory, they wanted to be synchronized to online,” Singh said. AT ORDEREASE, a Barrie, Ont.-based digital transaction platform connecting wholesalers with retailers, the sharp spike in online activity was evident to managers. Vicky Lawrence, OrderEase VP, Customer Experience, said order volume being processed through their system for the garden centre sector went up four fold this year. The company also saw a five fold jump in enquiries from wholesalers and garden centres during the Covid-19 crisis. While garden centres realized they needed e-commerce, Lawrence noted this was “next to impossible” without wholesaler information. “Once a website is created, it’s a very time-consuming task to add all of the product including images, descriptions and pricing,” Lawrence explained. “OrderEase has solved this problem by developing integrations between some of the major eCommerce sites, specifically Shopify, WooCommerce, and Weebly. By enabling our simple connection to these sites, all of the supplier product information is passed through onto the garden centre’s website.” Continued >


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IT vendors were poised to help garden retailers get up to speed this spring. Illustrated here: POS information from Acceo and a sample catalogue from OrderEase.

COVID-19 MAY HAVE CAUGHT the industry underprepared for the crisis, but ironically, it actually created more demand for garden centres and related suppliers as homebound residents took to gardening in greater numbers. Anga said its business surged this year despite the constraints of curbside pickups and limiting customers when stores reopened. “It didn’t matter which category; everybody was short on everything. It was so hard to find product, especially veggies and annuals. The growers were done so early this year, it was shocking,” she said. But without a robust online store, Bamboo World’s sales took a hit, according to Mayo. “The problem with our website is the way it’s set up; we have to do everything manually. Even the form I get sent when I get an order doesn’t say if it’s for pickup or if it needs to be shipped out,” Mayo said, adding they plan to overhaul the web store soon. THIS SEASON was also a learning experience for Peter Rofner, a second-generation owner of Ottawa’s Richmond Nursery. The business grows most of the plants it sells and also has a well-known pick-yourown strawberry field. Rofner had worked in the IT industry before, so he quickly set up a web store on his own using Open Source platforms, but says daily sales could hit only about two-thirds of normal volumes in April and May. “We had the ability to pull in as many orders as we would have got in store, but because of

the restrictions with Covid and the spacing, there’s a peak you reach as far as how many you can ship out in a day,” he explained. By mid-June, sales had caught up to previous levels. For next year, however, Richmond Nursery will shutter its garden centre to focus on production and wholesale operations in a long-planned move. AS GARDEN CENTRES UPPED THEIR GAME, some sectors of the industry where personal perusal isn’t necessary, like Fundy Compost in Brookfield, N.S., boomed even without a digital presence. Lisa Thiel, Sales and Environmental Manager at Fundy, said the store simply posted a banner on its website informing customers about pandemic-related precautions. Its delivery service was unaffected, and since its product doesn’t require much browsing or personal service, the company actually saw a 50 per cent rise in sales. Due to the rush to set up web stores this year, not many garden centres were able to integrate them with their physical stores. In fact, Anga’s stopped taking online orders soon after the physical store was allowed to reopen. As Alex Anga explained, “By the time we post that we have maybe a hundred of certain plants on our web store, people in store would just buy them all, and it was really hard to keep inventory matched. When we got around to picking online orders, things had got sold out, so it was really difficult to manage both stores.” Richmond Nursery also closed its web store in July. Continued >

10 | SEPTEMBER 2020 | LANDSCAPE TRADES


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WHILE E-COMMERCE is firmly established in several retail sectors, it is not yet as popular for garden centres. That is partly due to the nature of the merchandise – unlike factory-made products that are available in standard sizes and other parameters, no two plants are exactly alike. Customers often like to choose individual plants, even with annuals, and especially with expensive shrubs and trees. “We’re not just a garden centre, but also a little bit of an attraction. So people do want to come into the store,” Anga said. Rofner added, “Online you sell a plant and if there’s one brown leaf, people say its defective and want a refund. Whereas if someone comes in, you can explain to them or just pick the leaf off and say, ‘Here you go, it’s fine.’” Mayo acknowledged having a web store does have advantages. “When we’re not open for retail, we can focus more on the plants and making sure every part of the actual farm is taken care of,” she said. By July, Bamboo World was open two days a week, but did not post the information online to keep the crowds manageable. However, even retail garden centres that took down their new web stores when the physical stores reopened, say they plan to retain this element in the future. Anga’s plans to go back online once the rush of peak season abates; Bamboo World plans to upgrade its web store. While their initial efforts to go online paid off during the crisis, the industry will need to make several improvements to make web stores more user-friendly, both for themselves and their customers. These measures include integrating the physical and online stores to reflect inventory accurately and optimizing web stores for mobile use, as well as adding mobile apps to reach a wider customer base. As OrderEase’s Lawrence points out, “More and more consumers are doing online shopping and expect that type of convenience. The best way to be better prepared is to adopt technology now, instead of waiting until something happens again.” Covid-19 providentially introduced the benefits of gardening to a lot of new customers. With a green thumbs up to e-commerce, the horticulture industry can keep them hooked. LT

Indira Kannan is a Toronto-based freelance writer.

Anga’s successfully connected digital traffic with real colour and fragrance this spring.

12 | SEPTEMBER 2020 | LANDSCAPE TRADES


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IDEA HELPS

trees succeed

Drip irrigation for challenging tree-planting sites pays off BY DAVE TURNBULL, HIGHWAY OF HEROES LIVING TRIBUTE OPERATIONS MANAGER

14 | SEPTEMBER 2020 | LANDSCAPE TRADES

THE HIGHWAY OF HEROES Tree Campaign’s overall goal is to plant 117,000 trees — one for every Canadian soldier who has died defending our freedom from Confederation until the present. Our planting goal this spring was 15,000 trees, on three sites along the Hwy. 401 right-of-way in the Whitby and Oshawa, Ont., area. A challenging “storm” came across the landscape this past spring, in the form of a hot summer, and Covid-19’s impact on tree supply and contractor installation. We were able to get just over 10,000 trees planted by late June. Site conditions along the 401 can be absolutely brutal in terms of soil structure, organic matter and fertility. For site preparation, we follow the guidelines developed by Dr. Darby McGrath and her team at Vineland Research and Innovation Centre to improve establishment and survival of these memorial trees. Watering the newly planted trees can be a challenge, depending on site access and availability of water. For 2020 we decided to install drip irrigation systems at all three planting sites. While it was a big learning curve in terms of installation and operation, given the very dry spring — especially out in the Whitby area — we are glad we made the investment. The drip system improved establishment and survival rates dramatically. The systems have to be standalone and self contained, since no electricity is available to run the pumps. Components included two 3,000-gal. tanks, portable gaspowered pumps, main lines and drip lines. Water is supplied by custom water hauling companies. Watering frequency varies depending on site and weather conditions, but is generally needed three to five times per week. Each truckload of hauled water


costs about $250. The drip lines delivered water extremely efficiently, right where the tree is, and coir mats at the base of each tree effectively conserved moisture. Overall, drip irrigation cost the Tree Campaign $3-4 per tree. Since each tree costs $60-70 to plant, we have been very happy with the investment. Contractors know the cost to replace trees is even higher; I can certainly see the value of adding this modest line item to a quote to reduce losses and warranty replacements. Water will be available on-site for most contracting jobs, making drip irrigation costs even lower. Most tree plantings will need drip for one

season, or sometimes a second. The systems can be drained and left in place over winter, and are completely transportable. One challenge we found: rodents seem to like to chew through the lines occasionally. So I walk the lines weekly to ensure the system is intact, and because automation of watering start and stop is not practical for our application. Looking back on the idea, I am thrilled it paid off in improving our survival rates. Hopefully our experience will help contractors improve rates in their tree installations. Whether the goal is beauty, shade or honouring a fallen hero, let’s help trees survive! LT

SEPTEMBER 2020 | LANDSCAPE TRADES |

15


MANAGEMENTSOLUTIONS

A winning strategy to sell snow BY MARK BRADLEY

YOU’VE GOT INSANE HOURS, sleepless nights (maybe weeks!), a labour shortage and your insurance company has doubled your premiums. How is anyone supposed to make good money in snow? It can be done — and it is done — but if you want to get serious about improving your snow and ice profits, you need to do more than just let the work come to you. Profitability isn’t easy, and customers are both tough and savvy. It’s not likely that you are just going to luck into a bunch of highly profitable snow contracts. Instead, take a few simple steps toward building a snow and ice sales strategy that is virtually guaranteed to help you identify and sell more profitable work. START WITH A REVENUE TARGET No one knows how much it will snow in a given year — but you are responsible for knowing how much you need to earn in a given year to make a fair profit. A sales target is a non-negotiable place to start. Start with a budget — either for a year, or just for your snow division, and build a plan for profit, starting with your revenue.

BUILD A SALES FUNNEL Once you have a profitable sales target in mind, shift your attention to building a sales funnel that sets the goals to achieve that sales target. For instance, you might find that to win $100,000 in snow

contracts, you need to estimate $300,000 in snow bids. And to earn the right (or the relationship) to bid on $300,000 in snow business, you need $750,000 in potential leads. Now you have an example of a simple sales funnel that will greatly increase your chances of hitting your revenue target — and here’s how: First, you will know how much work you need to prospect. That is, you won’t just be sitting back waiting for leads to come in — you will have a clear goal of hustling $750,000, and that number will likely facilitate hitting your goal. Your prospecting goal will surely help you make better, important decisions as they pertain to marketing (and marketing spend), sales staff hiring and training, and more. You will be able to set clear goals for client retention, especially when you fully understand how much easier and cheaper it is to keep a client versus finding another one. This will help you stay on top of your goal before winter gets too close. Next, you will know how many of those prospects you need to get to the estimate stage. You will have a clear picture of how much work you have to bid on to hit your revenue target. This will help motivate you to convert clients from interested prospects to the bidding stage. It will also help you forecast and stay on top of your revenue goal before winter arrives and it’s too late. Things change, and knowing where you need to be will help you successfully navigate those changes. You will have done your homework in time to reap the rewards. Building a sales funnel will also force you to create a sales process around your funnel. Simply by having goals, you will start working to the process to fill each stage of the funnel — and you can easily communicate to other sales staff why the goals for close rates, etc., are so important.

USE YOUR SALES FUNNEL TO DRIVE IMPROVEMENT Finally, a sales funnel will pinpoint your weaknesses. Not enough revenue potential in prospects? You need to push your marketing harder. Lots of prospects, but not closes? Then you know you need to take a hard look at your pricing,

16 | SEPTEMBER 2020 | LANDSCAPE TRADES


sales process, or your sales staff. Your sales funnel will identify aspects of your selling strategy that are not working, so you know exactly where to focus your attention, or invest more time and money. You can also start to evolve your funnel by building funnels for specific prospecting types. By measuring your company’s effectiveness at closing website leads, customer renewals, word-of-mouth referrals, neighbouring sites and more, you will start to identify the best kinds of customers for your business.

PRO TIP: SELL EARLIER! There are always snow prospects and potential customers looking for contractors in October and November, but those customers often aren’t the ones you really want. Best-in-class snow companies start pursuing renewals and new contracts as soon as the snow stops falling. If you’re as good as you think you are, customers will want to lock in their spot for next year, and for new prospects, memories of poor service are still fresh in their minds. Selling earlier also affords you more time to adjust your sales goals, and allows you to deliberately target specific areas to improve your routing or equipment allocation. A sales funnel and a solid, early sales process go a long way to helping you get the most out of your snow and ice management operations. The easiest way to get really profitable in snow is to know exactly who your best customers are and to deliberately target those customers in concentrated areas so you can optimize your routes and your equipment. LT

Mark Bradley is the CEO of LMN and the former CEO of TBG Environmental, both based in Ontario.

SEPTEMBER 2020 | LANDSCAPE TRADES |

17


ROADTOSUCCESS

The good ones thrive BY ROD McDONALD

IN THE LATE ’70S AND EARLY ’80S, there was a build-

ing boom in my area. Anyone who owned a truck, a ladder and a hammer declared themselves a framing carpenter. On the surface, that preceding statement appears absurd or, perhaps, comical. Sadly, those self-declared framing carpenters got work — but only because the good framers were booked up. One afternoon in 1978, I was having a conversation with one of the reputable framing carpenters. He said: “I will always have work. When I am too busy to get to everyone who wants me, then the marginal carpenters get that work. They work, only in the good times, never when it is slow.” Those words proved true, again and again, as time went by. There were good homes and not so good homes being built in that time period. My brother built his first house in 1977. Two years later, a wind shear devastated his neighbourhood, including his home. The roof was torn off. A good thing that wind turned out to be, as the missing roof exposed an incredible number of deficiencies in not only the framing, but also the insulation. His front door had been framed with not a hint of surrounding insulation, which explained why it was always so cold at the entrance way. The builder was charged with building code violations, and with no great surprise, declared bankruptcy. This story was repeated again and again, as time went by, when homes were being renovated 20 and 30 years down the road. Workmanship that should have been carried out was either non-existent or poorly done. Framing carpenters and landscape contractors have something in common: During the good times, everyone works. When things are slow, only the good ones thrive.

I spoke with a staff member at Home Depot and she said customers were waiting around for trucks to be unloaded. Then they swarmed the racks before staff could even place plants on the shelf. As I wrote last month, impatiens had become to our trade what toilet paper had become to Costco. The title ‘The good ones thrive,’ could also has been ‘The tough ones thrive.’ One has to have a certain level of toughness to survive in this business. I, like you, had friends who commented while shopping at my garden centre in the spring, “When I retire, I want to open up a place just like this.” I told one friend she was not tough enough to handle this business. She was not offended, but she was confused. I explained that she thinks we wander around smelling the roses, when in reality, we spend so much of our time unloading trucks, organizing benches and answering questions. Our work is both physically and mentally draining. This is not a business for sissies. I knew one person who attempted to manage a large greenhouse by working from 8 a.m. until 4:30 p.m. If she missed lunch, she thought she could leave at 4 p.m. When I tell that story to a group from our trade, there are always gales of laughter. If you want an 8 to 4:30 job, this is not the business for you. Good times or not-so-good times, you will never get rich working for the bank. Debt is both a positive and a negative, and those who are good business managers know how to manage their debt load. I was never afraid of debt; I used it to build my business when I did not have liquid cash to finance projects. I also paid down my debt with accelerated payments, whenever possible. I would never accept a loan with a penalty for balloon payments or paying off prior to maturity. There are banks that penalize you for paying back loans too quickly, as they want to keep you on the hook, collecting interest every month. Find a bank, or better yet, a credit union, that is flexible in early repayments. I don’t like working for the bank. I like working for myself.

“When times are slower, we have to provide even more reasons for customers to visit our garden centres and greenhouses.”

WE ARE IN THE MIDST OF UNCERTAIN TIMES, and one of the few sectors that thrived during the early part of this year were the garden centres and greenhouses. The family greenhouse where I work part-time closed down on May 25. There was nothing left to sell, and nothing left to buy from other greenhouses. If you did not make money this past spring, there was something wrong. Consumers were so desperate for plants that social media was filled with questions asking where someone might find this plant or that one. 18 | SEPTEMBER 2020 | LANDSCAPE TRADES

MANY YEARS AGO, a friend of mine got carried away with expansion and easy credit. He bought a lot of equipment with ‘nothing down and low payments’ and he bid a lot of work. He needed to bid


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a lot of work to pay for all the interest on his equipment loans. Two years in a row, he grossed over $2 million in sales, but netted only $6,000 one year and $20,000 the second. The following year he reduced his equipment and his crew size, and regained profitability. He has remained in the black for these last 30 years. He learned his lesson on how to be profitable, and the lesson is debt management. I love a story with a happy ending. When times are slower, we have to provide even more reasons for customers to visit our garden centres and greenhouses. Cutting prices is not one of those reasons. Those who have attempted to increase business with lower prices have paid dearly for their foolishness — and quite quickly, I might add. Our margins are not so great that we should become price cutters. Even if we do try to lower our prices, we will never be as low as the box stores. Box stores

have little investment in staff. They tend to hire warm bodies, not plant people. They place very little emphasis on maintenance or display and they always purchase from the cheapest wholesaler they can find. Box stores will drop a supplier of 20 years for someone five cents cheaper. There is no possible way we can, or should even want to, compete with the box stores. Lowering prices is a recipe for disaster. We need to always be fresh with our displays. When I walk into a greenhouse or any retail store, it should proclaim this is the place I should shop. The displays should not only make me say the proverbial ‘Wow,’ but those displays should encourage me to buy. As my greenhouse manager used to say, compliments are always nice, but $20 bills are even nicer. I have walked into retail stores from our trade, that made it clear this is either a tired operation or one that is determined to achieve success.

A year ago, I had an idea of where our trade was headed and what to expect from the economy. Today, I have no idea. These are interesting times for all of us. What I do know, and for certain, is that the good ones amongst us will not only survive, but we will be the ones that thrive. Our attention to details, and the business plans we create, will keep us on the road to success. LT

Rod McDonald owned and operated Lakeview Gardens, a successful garden centre/landscape firm in Regina, Sask., for 28 years. He now works full-time in the world of fine arts, writing, acting and producing in film, television and stage.

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2020-08-10 10:06 AM


LEGALMATTERS

Uber, construction contracts and the Supreme Court BY ROBERT KENNALEY

TO BECOME AN UBER DRIVER, David Heller had to accept, without negotiation, the terms of Uber’s standard form services agreement which required him to submit disputes to mediation and arbitration in Holland, under the Rules of the International Chamber of Commerce. Those Rules, it turned out, required Heller to pay up-front fees of $14,500 U.S. to bring a dispute forward. Mr. Heller started a class action lawsuit against Uber in Canada, saying the clause was unconscionable and therefore unenforceable. The Supreme Court of Canada agreed, finding the two required elements of unconscionability on the facts of the case: “inequality of bargaining power” and “improvidence.” The decision has potentially important consequences for the construction industry. A majority of the Supreme Court panel found inequality of bargaining power because Heller was powerless to negotiate any of the contract’s terms and because there was a “significant gulf in sophistication between Heller, a food delivery man” and Uber. It noted the arbitration clause did not set out the cost of mediation or arbitration in the Netherlands and held that an individual in Heller’s position could not be expected to understand the financial and legal implications of agreeing to the International Chamber’s rules (even if he had read the clause). The Court confirmed that “improvidence” occurs where there is an inequality of bargaining power on the particular facts when the contract in question was formed and the contract or provision unduly either advantaged the stronger party or disadvantaged the weaker party. It found improvidence in this case because the $14,000 U.S. in upfront administrative fees (which did not include for the costs of travel, accommodation, legal representation or lost wages) were close to Heller’s annual income. It also noted that, combined, these costs would be more than any award he might hope to obtain in an arbitration. In making its decision, the majority reiterated that while courts will generally defer to the parties as being best-placed to judge and protect their interests in the bargaining process, such deference presumes the contract is negotiated, freely agreed upon and accordingly fair. The Court thus made it clear 20 | SEPTEMBER 2020 | LANDSCAPE TRADES

that while Canadian Courts will not protect a sophisticated party from a bad deal, they will, in appropriate cases, protect parties that “cannot adequately protect their interests in the contracting process.” They will not allow freedom of contract to impose “a grossly unfair contract … at the expense of a person of little understanding or bargaining skill.”

THE COURT’S DISCUSSION of standard form and

boiler-plate contracts should be of particular interest to the construction industry. In this regard, the majority adopted a 60-year-old commentary to note that, in accepting a standard form, the parties agree to “the few dickered terms,” the “broad type of the transaction” and “a blanket assent (not a specific assent) to any not unreasonable or indecent terms the seller may have on his form.” The excerpt from the commentary, The Common Law Tradition: Deciding Appeals (1960), went on to include the following: “The fine print which has not been read has no business to cut under the reasonable meaning of those dickered terms which constitute the dominant and only real expression of the agreement … There has been an arm’s-length deal, with dickered terms. … the boiler-plate is assented to en bloc, “unsight, unseen,” on the implicit assumption and to the full extent that (1) it does not alter or impair the fair meaning of the dickered terms when read alone, and (2) that its terms are neither in the particular nor in the net manifestly unreasonable and unfair.” The Court emphasized standard form contracts are in many instances both necessary and useful. For example, as with Canadian Construction Documents Committee (CCDC), Canadian Construction Association (CCA), Ontario Association of Architects (OAA) and Royal Architectural Institute of Canada (RAIC) forms, sophisticated commercial parties become familiar with them and sufficient


explanations or advice is generally available to offset uncertainty over the meaning and effect of any clauses. The Court accordingly made it clear that use of a standard form contract does not by itself result in an inequality of bargaining power. It did, however, go on to say that unconscionability nonetheless “has a meaningful role to play in examining” a party’s consent to a standard form or boiler-plate contract. It went on to state: “The many ways in which standard form contracts can impair a party’s ability to protect their interests in the contracting process and make them more vulnerable, are well-documented. For example, they are drafted by one party without input from the other and they may contain provisions that are difficult to read or understand. The potential for such contracts to create an inequality of bargaining power is clear. So too is their potential to enhance the advantage of the stronger party at the expense of the more vulnerable one. This is precisely the kind of situation in which the unconscionability doctrine is meant to apply. Applying the unconscionability doctrine to standard form contracts encourages those drafting such contracts to make them more accessible to the other party or to ensure that they are not so lop-sided as to be improvident, or both.”

rather unreasonable clauses in the fine print of its sales agreement). In the end, one thing is for certain: in the aftermath of Uber more and more defences will be raised on the basis of unconscionability, adding another factor to be addressed in construction dispute resolution. This might prove particularly interesting in the adjudication context where, in the jurisdictions that have or will adopt the processes, many if not most adjudications will be determined by non-lawyers with little or no legal training. LT

Robert Kennaley is with Kennaley Construction Law, a construction law firm with offices in Simcoe, Toronto and Barrie, Ont. He speaks and writes regularly on construction law and contract issues. For comment, or for more information, please see the firm’s website and blog, at kennaley.ca. This material is for information purposes and is not intended to provide legal advice in relation to any particular fact situation. Readers who have concerns about any particular circumstance are encouraged to seek independent legal advice in that regard.

COIVIC

SPECIMEN TREES IT IS FAR TOO EARLY TO ASSESS how the Uber decision might impact the use of boiler-plate or standard from contracts in construction. That being said, there are (we believe) a few significant take-aways. First, the use of unaltered CCDC, CCA, OAA or RAIC standard form contracts will most likely not be impacted by the decision. This may not be the case, however, where they are amended by supplementary conditions. Also, where a document (such as a prime contract) is incorporated by reference, the party presenting the form should ensure the incorporated document is actually provided or made very readily available to the other side as part of the negotiation process. Having the other side confirm it has obtained and reviewed the incorporated document may be optimal. Those who draft and present their own form of boilerplate contracts for signature might best ensure the other parties have an opportunity to read and digest them, that the use of “fine-print” is avoided where possible, and that particularly lopsided or onerous clauses are expressly understood and agreed to. The concept of “necessity” should also be considered, because the Court has made it clear that an inequality of bargaining power can arise where the other side has no real option but to sign the agreement. (Consider, for example, where the specifications require the contractor to use a specified product and where the supplier of that product includes

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NATIONAL AWARD WINNERS ANNOUNCED Canada’s top landscape projects were recognized on Aug. 12 in CNLA’s National Awards of Landscape Excellence. Winners included: Aménagement Côté Jardin of Montreal, Que., for the Caterpillar National Award of Landscape Excellence in Commercial Construction Fossil Landscape Construction of Vancouver, B.C., for the Caterpillar National Award of Landscape Excellence for Residential Construction Airo Landscapes St. John’s, N.L., for the National Award of Excellence for Landscape Design Wilco Contractors Southwest of Calgary, Alta., for the National Award of Landscape Excellence in Commercial Maintenance Yorkshire Garden Services of Concord, Ont., for the National Award of Landscape Excellence for Residential Maintenance The Goodman Labyrinth and Chestermere Community Park for the Caterpillar Green for Life Community Award National Awards entries are submitted by the provincial associations based on their regional award programs. Entries are judged by a panel of industry experts, with company names and locations redacted from each submission.

GREEN CITIES: HOPE IN HAMILTON Established by the Canadian Nursery Landscape Association, The Green Cities Foundation is a community connecting plants and people for a greener, healthier urban environment. As a result of the Covid-19 pandemic, urban dwellers have been required to shelter in place and maintain social distance. As the restrictions on movement and gatherings are eased, citizens are moving outdoors 22 | SEPTEMBER 2020 | LANDSCAPE TRADES

and there is a growing realization that urban areas need more green, open spaces for people to congregate safely to enjoy the outdoors. The Green Cities Foundation, with the help of our membership across Canada, is uniquely positioned to assist in projects to improve, enhance and create those spaces. The Foundation has been busy preparing to launch its first project in Hamilton, Ont., at St. Matthew’s House, a place of hope that supports people in need downtown Hamilton, Ontario as well as at three parks in the surrounding neighbourhood. Through its affiliation with the CNLA membership, the Foundation is looking for volunteers and material donations to help make this project a reality starting this fall. Through this project we will demonstrate the importance of community engagement and community members’ connection with the environment, the positive impacts of increased public green spaces in urbanized environments on the health and wellbeing of children, older adults, and at-risk citizens, as well as improving the climate of Canadian communities, one project at a time. For more information on becoming involved in this important project, please contact Rebecca Doutre, GCF Executive Director, gcfdirector@gcfoundation.ca, or visit gcfoundation.ca.

CIB IS BLOOMIN’ ON Communities in Bloom (CiB), along with sponsors and partners, is delivering an exciting virtual program in 2020 to keep communities blooming and engaged. The CiB Board of Directors has also been busy developing a new strategic plan, as well as a tactical plan for the committees’ work. The organization is excited to share its updated values, vision and mission. CiB values include: integrity, respect, collaboration, excellence and accountability. CiB’s vision is to inspire all communities to enhance the quality of life and our environment through people and plants in order to create community pride. The CiB mission: We are a volunteer and partnership driven organization that uses

CiB beautification in Boissevain, Man.

multi-tiered competitive evaluation to foster community strength, involvement and continuous improvement by nurturing environmental sustainability, enhancements of green spaces, and heritage conservation in cultural and natural environments in key community sectors including municipal, residential, commercial and institutional spaces. For members interested in participating, the 2020 Special Edition program includes a free webinar series; community-based contests, awards and grants; an online community chat portal; and a virtual symposium in Fall 2020. To register, or for more information, visit communitiesinbloom.ca.

NEW VW SAVINGS PROGRAM CNLA is pleased to announce a new endorsed supplier partnership program with Volkswagen Canada. All CNLA members will receive access to a competitive assistance program, including special discounted pricing on a selection of 2020 model year vehicles. CNLA members can contact the CNLA Member Services Team at 1-888-446-3499 or info@cnla-acpp.ca for more information regarding the program, and to request a Member Confirmation Letter. This document gains the member access to the fleet program discount and it is required at the time of purchase by the dealer. Each confirmation letter is VIN-specific, and a $200 administration fee is required before the letter is provided.


COPF STAFF UPDATE CNLA has been handling Canadian Ornamental Plant Foundation (COPF) royalty administration since 2012. CNLA would like to thank Sandy Trickey for all her work over all the years with the COPF. It was a pleasure working with her, and we wish her all the best. With the departure of Sandy, CNLA Member Services Administration Megan Farias, megan@cnla-acpp.ca, will now be handling all of COPF’s administration. The new 2020 Royalty Report is now up on the copf.org website. Most invoices are being sent electronically and the royalty payouts are still twice a year,

with one reporting period. We have recently been sending out quarterly e-newsletters, so please be on the lookout for our featured plants and any new updates. If you are Sandy Trickey a COPF member and not already receiving the newsletters, please contact admin@copf.org.

GCC POSTPONES 2020 SUMMIT Garden Centres Canada will return to Edmonton for 2021, at the same location, with

the same, already confirmed speakers. So save the date for next year’s GCC Summit: July 11-13, 2021. Those who have registered for 2020 will be provided with a full refund. Keep a keen eye on our social media and e-News for a fresh new look, and announcements on additional speakers. For questions or concerns, please contact Anne Kadwell at anne@canadanursery.com. LT

The Canadian Nursery Landscape Association is the federation of Canada’s provincial horticultural trade associations. Visit www.cnla-acpp.ca for more information.

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Green Industry Show and Conference.

ALBERTA’S GISC GOES VIRTUAL Uncertainty on pandemic regulations has prompted Landscape Alberta’s leadership to offer its Green Industry Show and Conference (GISC) in a virtual format this fall. Event dates have been expanded to Nov. 18-20, 2020, to give attendees more flexibility. The event features over 20 targeted educational sessions, and registrants retain access to recorded sessions after the event. Attendees may also connect with suppliers through a digital marketplace area. Landscape Alberta’s CEO Joel Beatson says, “While we will miss the face-to-face connections that are so key to GISC, we plan to use the technology in ways that offer improvements to the experience. instead of trying to simply replicate the same

Green Industry and Equipment Expo.

event.” For information and registration visit greenindustryshow.com.

GIE EXPO CANCELS 2020 EVENT Due to the ongoing coronavirus pandemic and continued regulatory uncertainty, GIE/ OPEI, announced the 2020 show will be postponed until next year. “Show ownership and management (GIE/ OPEI) of GIE+EXPO, the Green Industry and Equipment Exposition, have been monitoring the situation closely, and have been working with state and local authorities to put on the safest show possible,” show representatives stated. “Unfortunately, the unpredictable nature of such a rapidly evolving environment prohibited this year’s show from taking place safely.”

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The annual landscape trade show and exhibition had been planned for October in Louisville, Kentucky. “The health and safety of our attendees and exhibitors is critical, and it is with profound regret that we announce the cancellation of our 2020 event,” said Kris Kiser, President and CEO of OPEI, and managing partner of GIE+EXPO. “We’re looking forward to 2021 and already gearing up to make our next show a dynamic and engaging experience for the entire industry. I encourage exhibitors and attendees that have already registered or secured exhibit space to roll those monies forward to the 2021 show.”

VINELAND SEEKS BOARD MEMBERS The Vineland Research and Innovation Centre Board is currently seeking individuals to join its Board of Directors and is inviting nominations for membership with one or more of the following skills and experience: Business, academic or governmental experience; financial, legal, accounting or administrative experience; knowledge of the horticultural sector, e.g. scientific, technical, automation or business/ marketing-related; experience on boards or in policy development; leadership and network capabilities; and knowledge of and commitment to Vineland’s vision and mission. Located in the Niagara Region of Ontario, Vineland is a uniquely Canadian results-oriented organization dedicated to horticulture science and innovation. It delivers innovative products, solutions and services through an integrated and collaborative cross-country network to advance Canada’s research and commercialization agenda. Interested candidates should email corporate.secretary@vinelandresearch.com.


AAS FETES CELOSIA AND SQUASH CULTIVARS All-America Selections, North America’s oldest non-profit plant trialing organization, announced two new AAS Winners for the 2021 garden season. All AAS Winners are trialed throughout North America by professional, independent, volunteer judges who grow new, never-before-sold entries next to comparisons that are considered best-in-class. Only those entries that performed better than the comparisons are

month of” celebrations that are fantastic occasions to promote gardening almost every day of the year,” the NGB said in a media release. “The curated list appears at www.ngb.org in calendar form so anyone can

find days or weeks of the month that give you something to talk about without having to spend a lot of time coming up with marketing ideas. NGB has done the legwork so you don’t have to.” LT

granted the AAS award designation. This set of AAS Winners are: Celosia Kelos Candela Pink (Regional) and Squash Goldilocks F1 (National).

NGB LAUNCHES “YEAR OF” MARKETING CAMPAIGN The National Garden Bureau, the nonprofit organization promoting gardening in North America on behalf of the horticulture industry and its members, is pleased to announce the five plant classes that will be featured in the 2021 “Year of the” program. Bulb: Year of the Hyacinth. Annual: Year of the Sunflower. Edibles: Year of the Garden Bean. Perennials: Year of the Monarda. Flowering Shrubs: Year of the Hardy Hibiscus.

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“The “Year of the” program chooses crops specifically for the North American market that are easy to grow, genetically diverse, and with a lot of new breeding to showcase,” the NGB says. “Breeders, brokers, seed companies, growers and garden centers throughout the U.S. and Canada are urged to highlight these flowers and plants when planning their marketing for the 2021 season as the publicity generated from this program is substantial. The National Garden Bureau, in conjunction with GardenComm, has also created a calendar of “Day Of” promotions and industry marketing campaigns. “There are many National “day of, week of and SEPTEMBER 2020 | LANDSCAPE TRADES |

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Mini excavators

Doosan Infracore North America introduces the new DX42-5K and the DX50-5K mini excavators. The excavators are updates to the prior iterations, featuring new innovations. The excavators’ compact size (4-5 metric ton class) and mobility make them valuable for commercial and residential developments and landscape projects, Doosan says. Doosan www.doosanequipment.com

Battery powered curb roller

Curb Roller Manufacturing launches the Batt Screed 6000, the industry’s first battery-powered roller screed. The lightweight, versatile roller screed operates with no cords, hoses or fumes, offering unparalleled mobility, precision and efficiency to contractors of all sizes, the company says. Curb Roller Manufacturing www.curbroller.com

Hydro sod cutter

Ryan releases the all-new Jr. Sod Cutter - Hydro. The product features a variable speed hydrostatic transmission with forward and reverse drive. The transmission also runs independent of the cutting blade, providing a consistent, quality cut regardless of the drive speed. It is available with 18” and 24” cutting widths. Ryan www.ryanturf.com

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Recessed wall light

The new A-HS recessed wall light from FX Luminaire adds a layer of elegance to any commercial space, the company says. FX Luminaire www.fxl.com

Remote irrigation technology

The new AC2-LTE module from Hunter Industries enables Centralus cloud management for ACC2 controllers via cellular technology. The module provides near instant connectivity to enable a suite of remote irrigation control capabilities, the company said. Hunter Industries www.hunterindustries.com

Cold planer attachments

Expanding on its lineup of attachments, John Deere unveiled its new CP18E, CP24E and CP30E cold planers. These new attachments offerings help operators who work on street repairs, leveling uneven pavement, texturing pavement and cleaning around larger milling machines, the company says. The CP18E, CP24E and CP30E are compatible with John Deere skid steers and compact track loaders, as well as equipment offered by competitors. John Deere www.deere.ca

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Self leveling loader

John Deere launched the Mechanical Self- Leveling Loader (MSL) option for small tractors. Designed to keep loads level throughout the lift, the new loaders are compatible with John Deere 1E, 1R, 2R and 3E compact utility tractors. John Deere www.deere.ca

Heavy duty lubricants

ASV introduces the Elite line of high-performance, heavy-duty lubricants. The new engine oil, hydraulic oil and grease products are extensively tested for use in optimizing ASV equipment and allow operators to do more work in more places, the company says. ASV Holdings www.asvi.com

LED step lights

Nora Lighting’s complete range of LED step lights for interior and exterior applications include the MIA Mini Step Light with horizontal and vertical face plates and the Brick Step Light with horizontal face plates. Both models are now available in 120V dimmable or 120-277V non-Dimmable. Nora LED Step Lights effectively illuminate halls and entries, stairways, outdoor decks and pathways without glare and improve night-time safety, the company says. Nora Lighting www.noralighting.com

Electric compact excavators

Doosan Bobcat North America, a global leader in compact equipment, and Green Machine Equipment, a manufacturer of renewable power drive systems, announced a strategic partnership to produce electric/hydraulic Bobcat compact excavators. Green Machine will custom retrofit Bobcat excavators with their proprietary battery technology to replace the standard diesel power source and will sell the machines in select markets beginning this year. Doosan Bobcat www.bobcat.com 28 | SEPTEMBER 2020 | LANDSCAPE TRADES


EVENTS OCTOBER 7-8 Canadian Greenhouse Conference,

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2021

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JAN. 12-14 Landscape Ontario Congress,

Walters Gardens Inc

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Windy Ridge Corporation

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Zander Sod Co Ltd

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virtual event, canadiangreenhouseconference.com

NOVEMBER 18-20 Expo Québec Vert,

Drummondville, Que. expoquebecvert.com/en

NOVEMBER 19-20 Green Industry Show and Conference, virtual event greenindustryshow.com

NOVEMBER 30-DECEMBER 4 Irrigation Association Education Week,

virtual event, irrigation.org/2020show

Toronto, Ont. LOcongress.com LT

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MENTORMOMENT

Okay to get dirty RETA HORAN, Woodstock, Ont.’s, parks and forestry supervisor, directs boundless energy toward getting kids and families active outdoors. She is the spark plug behind the city’s participation in the Green Streets Challenge — an idea from Come Alive Outside to dramatize outdoor play by actually paving streets with sod. Horan was dealing with a vandalized concession stand the morning of this interview, disappointed that bored kids had ransacked park property. Her mission is to inspire kids with purpose, through green spaces.

We promoted the Come Alive Passbook Challenge, guiding families to do activities on their own. I have never seen so many people on the trails as I have this summer. There is a real hunger for green spaces. People had been so involved with electronics, work and schedules, and I saw families gain hours in their day, and use the time to step back to enjoy the outdoors. More family time has been a good change, from my perspective.

RETA HORAN

Woodstock hosts Canada’s second longest-running Green Streets Challenge. Why did that idea click with you?

I see so many families that are so busy, and they just don’t think about going outside for unstructured time. When I heard about the challenge, I said, “Yes, let’s do it!” My department wanted to get our name out, and it paired well with our goal to help families enjoy green space and get educated about its value.

Do you have a favourite Green Streets story?

I do. Our Challenges happen during Woodstock’s Streetfest, where stores bring merchandise onto the street along with activities such as bouncy castles, pony rides and face painting. Parents were asked to pay for many of the activities, and we saw families look at our Challenge a little cautiously. “Should we stay off the grass?” “How much does it cost?” It is so fun to invite them to come and play, because it’s free.

Is certification important?

Yes, I studied landscape design at Fanshawe College and earned my Certified Landscape Technician designation. I am working on credentials as a landscape architect.

What is your take on attracting employees to the green professions?

I don’t think young people understand the vast number of jobs available in our trades, so I went into our high school to talk about opportunities. Co-op placements are great. Even in my own case, I knew I wanted a job outdoors, and my co-op experience really helped. I find young people trying out a green job will either love it or hate it. Those with passion will succeed, and some will excel as doers; they love to work in the dirt with their hands. Others are thinkers, and some want to do both. It’s our job to find out what inspires them.

Why does green appeal to young people?

We offer a range of programs with the city, everything from sports to physical literacy. We see young kids often sign up for outdoor physical activities who are not so keen on organized sports. We definitely saw Green Streets drive enrollment.

From my experience, I always wanted to be outdoors, so I gravitated toward design. Now I have spent 10 years in the parks system! We have the green spaces, and I am constantly thinking about how we can get people outdoors, and what we can offer the community. It seems most parents are looking for experiences that are clean, safe and cautious. I want to promote risky play and get the message out that it’s okay to explore. LT

Since Green Streets, like so many events, was postponed due to pandemic concerns this summer, how did you fill the gap?

If you have a mentor to recommend, or a question to suggest, please write to editor@landscapetrades.com.

Did you see benefits beyond the Green Streets events?

30 | SEPTEMBER 2020 | LANDSCAPE TRADES


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Turn static files into dynamic content formats.

Create a flipbook
Issuu converts static files into: digital portfolios, online yearbooks, online catalogs, digital photo albums and more. Sign up and create your flipbook.