Highland Park Neighborhood Association

Highland Park XERISCAPE GARDEN and CHILDREN'S GARDEN

the garden

Through the vision of neighbor Mark Carmona and the coordination of numerous agencies and volunteers, the Xeriscape Garden in Highland Park was dug and planted in spring of 2001.

An additional garden, the Children's Garden Project, was planted on April 5, 2003, in the areas north of the Xeriscape Garden.

Volunteers with the Children's Garden Project begun during the festival and ongoing at this time:
Charles Bartlett
Lawrence Smith (and his 2 daughters)
Rachel Cywinski
Elizabeth Cywinski
Norbert Cywinski
Loyd Le Blanc
Diane Dondero
Bobby Crabb
Ann Dickey
Lou Gloria
Americorps volunteers
Gardening Volunteers of South Texas
Stacey Merkt
Toni Villarreal
Jack Elder
Cecilia Guajardo

Plant donors for the Children's Garden project:
Edna Toland
Rachel Cywinski
Charles Bartlett
Diane Dondero
We also thank Fanick's Garden Center for a 20% discount on all plants purchased, and the Neighborhood Resource Center for funding this project and others through the $1,000 they awarded to Highland Park Neighborhood Association in June of 2002 as the Director's Award during their annual Neighborhood Conference.
The Highland Park Children's Garden was subsequently chosen by Mayor Ed Garza as the Community Spirit project of the year for 2003 and awarded by the Neighborhood Resource Center.

Our wonderful XERISCAPE GARDEN ADOPTERS:

The Highland Park Xeriscape Garden and Children's Garden were, up until 2004, maintained through volunteers who participated on an ongoing basis throughout the year as part of the Xeriscape Garden Committee, and other special persons, organizations or corporations who 'adopt' the garden for the same month each year.

Adopters and volunteers who spent more than 100 hours in the Highland Park Xeriscape Garden during 2003 included:
Rachel Cywinski
Stacey Merkt
Carlos & Patricia Barrios family
Jack Elder
Al Lindsey

Other adopters during 2003 included:
Charles Bartlett/Green Haven Industries
Ann Dickey & Bobby Crabb/San Antonio Cactus and Xerophyte Society

2004 UPDATE
With the expiration of the "memorandum of understanding" came the offer made by Highland Park Neighborhood Association to the City of San Antonio to continue maintaining the garden only through volunteer work and donations from the Highland Park Neighborhood Association.
Highland Park Neighborhood Association offered to continue to donate hundreds (and perhaps thousands) of volunteer hours as well as dollars, but with the understanding that two things must change:

1. San Antonio Parks and Recreation must stop asking for Highland Park Neighborhood Association to donate items, and then destroy them once they are donated (one example of many such incidences outlined in detail following); AND

2. San Antonio Parks and Recreation staff must cease to defame members of Highland Park Neighborhood Association. Implicit in this condition was that San Antonio Parks and Recreation find a final conclusion to the neighborhood association's contiual and ongoing requests that Parks and Recreation and its unwieldy layers of management find some PROPER form of communication with the neighborhood association and within San Antonio Parks and Recreation in regard to volunteer activities in Highland Park.

Highland Park Neighborhood Association President & Xeriscape Garden Coordinator Rachel Cywinski met with a dozen City of San Antonio employees led by San Antonio Parks and Recreation Director of Recreation Mike Gonzaba on July 1, 2004, and reiterated the offer of Highland Park Neighborhood Association to continue to provide volunteer time and donations of plant materials. In response to ongoing requests by the City of San Antonio that Highland Park Neighborhood Association agree to continue its Memorandum of Understanding, Ms. Cywinski stated that the offer had been made and the only thing preventing a new contract was the City of San Antonio's formal agreement to the two minimal conditions as stated.
A great discussion ensued, and a few of the previous incidents were discussed. In regard to one of them, Ms. Cywinski stated that although Highland Park Neighborhood Association had not asked for a monetary refund of the $1,000 expended for the Highland Park Children's Garden by the Highland Park Neighborhood Association at the request of San Antonio Parks and Recreation, that the most minimal common courtesy would dictate either a refund or replanting of the Children's Garden by San Antonio Parks and Recreation because its employees had deliberately abused the volunteers and acted in manners so outrageous that there was no excuse available in society.
{In this particular incident, staff of San Antonio Parks and Recreation--and the recreation center director of the area in question in particular--told members of Highland Park Neighborhood Association for two years that San Antonio Parks and Recreation desired to have a garden added to a particular area of the park. Highland Park Neighborhood Association subsequently spent $1,000 to plant the "Highland Park Children's Garden" and its devoted volunteers worked in the garden every week from April to December of 2003 to complete the project and prepare it for winter.
During this time, the summer camp was held. The gardening volunteers were shocked to see the very San Antonio Parks and Recreation employee who had requested the plants for years, designating the plants in the Highland Park Children's Garden as place markers for kick ball games.
During this and other occasions the volunteers contually observed that the numerous children visiting the park were not the ones destroying the garden, but that the garden was being deliberately destroyed by the Parks and Recreation staff as directed by the very individual who had complained of lack of a garden in that spot for years.
After the summer camp ended, the Highland Park Neighborhood Association volunteers continued to replant, spend money on plants and mulch the garden. Additionally, a multi-thousand dollar grant from San Antonio Water System was utilized to place signs in the Children's Garden for community education. Mayor Ed Garza was so pleased with this project that he awarded Highland Park Neighborhood Association the top prize with designation of Highland Park Children's Garden as "community spirit" project of the year during the 2003 Annual Neighborhood Conference!
The very week that all work on the garden was completed, the recreation center director notified the neighborhood association that a supervisor of San Antonio Parks and Recreation recreation division had not liked the way the garden looked, and had removed part of the garden with an earthscraper.
Upon arrival at the garden, Highland Park Xeriscape Garden Coordinator Rachel Cywinski found that a machine had been used to tear the plants out of the ground, including the American beautyberry, Firespike, Buddhleia and numerous other hummingbird-attracting shrubs that had been nursed through the summer by the volunteers.

This was only one of many truly egregious incidences exercised against the volunteers of Highland Park Neighborhood Association by San Antonio Parks and Recreation staff. Over and over again the volunteers have expended thousands of dollars and volunteer hours only to have the work abusively destroyed by San Antonio Parks and Recreation employees--often the very employees who had requested the donations and facilitated the approval process (as each new planting required formal approval by Parks and Recreation before planting).
Over and over incidences occurred which, unbelievably, often seemed to be caused by the mere fact that the ratio of layers of management within Parks and Recreation so vastly outnumbered the actual number of persons working in the park. For example, the Horticulture Division and Volunteer Services would approve a planting, yet the volunteers would arrive to find that yet another division had turned off the water in the park--and on one occasion then had to wait more than half a day while a maintenance employee "washed his truck" before coming to turn on the water as he had promised to do "within 15 minutes."

In late 2004, the San Antonio Parks and Recreation Department decided not to agree to the two minimal requirements of the neighborhood association, but instead opted to assume all responsibility for the gardens themselves. Volunteers are no longer given permission to work in the garden.

PARK MAINTENANCE MEMORANDUM OF UNDERSTANDING
HIGHLAND PARK NEIGHBORHOOD ASSOCIATION

THIS MEMORANDUM OF UNDERSTANDING (the "MEMORANDUM") is made and entered into by and between the SAN ANTONIO PARKS AND RECREATION DEPARTMENT acting by and through its Director, (herein called "SAPAR"), and the HIGHLAND PARK NEIGHBORHOOD ASSOCIATION, (herein called "HPNA");

1. WITNESSETH:

1.1 SAPAR desired to maintain its Public Neighborhood Parks in the best condition possible while at the same time conserving its resources; and

1.2 For the benefit not only of HPNA'S members but also of all the residents of San Antonio, SAPAR desires to accept HPNA'S offer to maintain a portion of the property at hereinafter named park as a Xeriscape Garden with a walking path; and

1.3 THAT, for and in consideration of the mutual benefits to SAPAR and HPNA and the observance of the terms and conditions set forth herein, the parties agree to the following:

2. APPOINTMENT

2.1 SAPAR designates HPNA as the maintainer of the Xeriscape Garden and walking path area located south of the James Bode Community Center, west of the tennis courts, and along the northern side of Rigsby Avenue in Highland Park, San Antonio, Bexar County, during the below stated term, and HPNA hereby accepts such obligations and agrees to perform such services and as required herein.

3. USE OF XERISCAPE GARDEN BY HPNA

3.1 SAPAR hereby grants to HPNA permission to enter and use the Xeriscape Garden and walking path area.

3.2 Although permission to enter and use herein above cited premises is not exclusive, SAPAR shall give HPNA priority use of such Xeriscape Garden and walking path area.

3.3 The Xeriscape Garden and walking path area shall be occupied by HPNA for recreational and educational purposes only. HPNA agrees and specifically understands that permission given does not grant to HPNA any interest or estate in the Xeriscape Garden and walking path area but is a mere personal privilege to do certain acts of a temporary character upon the premises, and that SAPAR retains dominion, possession and control of the Xeriscape Garden and walking path area, including access thereto at all times. SAPAR reserves the right to impose and enforce all necessary and proper rules for the management and operation of the Xeriscape Garden and walking path area.

3.4. HPNA agrees that is members and any other individuals under its control shall abide by, conform to and comply with all applicable municipal, state and federal laws, ordinances, rules and regulations and that it will not do or permit to be done anything in violation hereof. If the attention of HPNA is called to any such violation, HPNA or those under its control will immediately desist from and correct such violation.

4. TERM OF MEMORANDUM

4.1 The term of this MEMORANDUM is three (3) years, beginning on March 1, 2002, which is hereafter referred to as the commencement date, and expiring on February 31 [sic], 2004, if not earlier terminated according to the terms hereof.

5. ACCEPTANCE AND CONDITIONS OF PREMISES

5.1 HPNA has had sufficient time and opportunity to examine the Premises and acknowledges that there is in and about them nothing dangerous to life, limb, or health and hereby waives any claim for damages that may arise from defects of that character after occupancy. HPNA'S taking possession of the Xeriscape Garden and walking path area shall be conclusive evidence of HPNA'S acceptance thereof in good satisfactory order in its present condition. AS IS, WHERE IS AND WITH ALL FAULTS as suitable for the purpose for which agreed. SAPAR specifically disclaims any warranty of suitability for intended commercial purposes of HPNA.

5.2 HPNA agrees that no representations respecting the condition of the Xeriscape Garden and walking path area and no promises to decorate, alter, repair, or improve the Xeriscape Garden and walking path area, either before or after the execution hereof, have been made by SAPAR or its agents to HPNA.

6. HPNA'S MAINTENANCE OBLIGATIONS AND DUTIES

6.1 General Maintenance: During the term of this MEMORANDUM, HPNA shall, at its sole expense, provide maintenance service (in no event less than the quality of maintenance service demonstrated in other SAPAR-owned Neighborhood Park). HPNA shall render the following services and perform the following duties with regard to its maintenance of the Xeriscape Garden and walking path area for SAPAR in a faithful, diligent, and efficient manner:

6.1.1. Water and weed planter beds in the Xeriscape Garden and walking path area;

6.1.2. Keep the grass watered, mowed and trimmed in the Xeriscape Garden and walking path area to sustain acceptable standards of use conditions;

6.1.3. Provide regular trash pickup and removal service and keep the Xeriscape Garden and walking path area free from litter and debris;

6.1.4. Seed and fertilize the Xeriscape Garden and walking path area as required to sustain acceptable standards;

6.1.5. Provide ant control services to the Xeriscape Garden and walking path area as frequently as required to control these pests;

6.1.6. Provide such other maintenance tasks and chores as may be required to sustain the Xeriscape Garden and walking path area at acceptable standards.

6.2 HPNA shall promptly repair any damage to the Xeriscape Garden and walking path area caused by the use of the premises by HPNA or those persons under its control. Notwithstanding any contrary provisions herein contained, should the premises be damaged by fire, tornado or other casualty, SAPAR shall be under no obligation to rebuild or repair the premises.

6.3 In carrying out the maintenance responsibilities, HPNA agrees to provide at its sole cost and expense the manpower and equipment needed to accomplish aforesaid maintenance responsibilities.