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SERVING THE COMMUNITIES OF ST. JOHNS COUNTY SINCE 1894
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4 sections, 44 pages


Hispanic Garden to reopen, but.


Foundation: Use will be limited to special activities


By MARGO C. POPE
Senior Writer
The Hispanic Garden, located in
the heart of the St. Augustine's
Spanish Quarter Village, will reopen
with limited use, says the St.
Augustine Foundation, Inc.
The garden, closed last summer
by the foundation, had undergone an
extensive archaeological dig as the
foundation pondered its future.
Since summer, questions have


arisen as to what the foundation's
plans were for the property, includ- ,
ing the possibility of a historically
reconstructed building on the site.
Friday evening, Flagler College
President William L. Proctor ended
the speculation on the property
located at St. George and Hypolita
Streets.
Proctor is president of the St.
Augustine Foundation which owns
the property.
In his statement given to The


Record, he said the foundation's cur-
rent plans are to re-establish a garden
on the site. "The area will be
secured; however, arrangements for
the use of the garden by government,
civic or private groups will be possi-
ble," Proctor's statement said.
Proctor's statement said a prelim-
inary report of the recent archaeolog-
ical dig did not produce significant
artifacts. University of Florida
archaeologists conducted the dig and
found evidence of American, British,


Spanish and Native American cul-
tures.
The garden began in 1965 and
was formally opened in May 1967. A
lengthy fund-raising campaign led
by then-Restoration Commission
member Mrs. C. Daughtry
(Elizabeth M.) Towers Sr., secured
$52,342.32 for its construction.
Bill Adams, the city's director of
historic preservation and heritage
tourism, said Saturday he had not
heard of the foundation's plan to


reopen the garden. "It sounds like a
very good plan," Adams said after
being told of Proctor's announce-
ment. "I really applaud the founda-
tion for putting it back."
The garden also included the
donation of a bronze statue of
Spain's Queen Isabella by sculptor
Anna Hyatt Huntington. The statue
has been in the city's care since the
garden was closed.
Adams said the city owns the stat-
See GARDEN, 10A


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debates are
a long
American
tradition. 'A
debate in


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in District 3


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homogenous, overwhelmingly white,
with large numbers from the Midwest.
"I don't think you can win Florida
without coming to The Villages," said
Republican. state Sen. Anna Cowin,
perhaps overstating the case but not
by much. "They're going to expect
people to come here."
Indeed, Florida Republican U.S.
Senate candidate Bill McCollum


AIIy dVU&,U ItL AJ, .U &L AU,
Villages,' joked Beverly Bowblis, a
retired private school administrator
and teacher from Houston.
The Villages is a place where peo-
ple don't care what others did in their
previous lives, residents say. Former
CEOs play tennis with former cab dri-
vers. People rarely talk about their
children or grandchildren.
The area started out as a manufac-


commission to look into drafting an
ordinance similar to the one which
affects the southwest portion of St.
Johns County.
The ordinance would have man-
dated various standards for those
who wanted to install new wells. It
identified the depths at which the
wells would have to operate and the
minimum width of the underground


="" ' " "' ~~-r- --- -
the St. Johns River Water
Management District. The district
helped draft the ordinance that was
rejected Tuesday.
Under the ordinance, even resi-
dents with free-flowing artesian
wells would be required to be fitted
with a pump.
Commissioner Mary Kohnke
said that was a bad idea. She want-


. . . . d .... ... .. .. ..
ty, Partridge said.
"Quite frankly, I think you need
to take this (ordinance) and toss it
out the window," he said,
Commissioner John Reardon
played a role in bringing this ordi-
nance to the board after several res-
idents complained about the failure
of their pumps.
Reardon said he accepts the


The other commissioners want-
ed residents to realize this as well.
The advisories are supposed to
inform the public of the risks of
installing an inadequate pump and
provide them with professional
advice on which pump to use.
"I just think people need to be
notified and told to drought-proof
their wells," Bryant said.


GARDEN

Foundation was

chartered in 1962
Continued from 1A
ue because it was given to the com-
munity by the sculptor. He said the
foundation's plan to re-establish the
garden would prompt him to recom-
mend the city put the statue back, or
a replica of it. Adams is leaning
toward a replica being made.
"Queen Isabella really belongs in
the garden," he said.
Last summer, city officials had
talked of holding a meeting with
Proctor to determine if the property
could be sold to the city.
But the foundation is prohibited
by a court-ordered settlement of a
1989 lawsuit from selling the prop-
erty. And if the foundation dissolves,


the state of Florida gets control, the
settlement says.
The lawsuit was brought by the
state restoration commission, which
had also changed its name to the
Historic St. Augustine Preservation
Board. The board sued the founda-
tion questioning its right of owner-
ship and management of several his-
toric properties given in the name of
the restoration program.
In 1990, the preservation board
was dissolved by the state and then
re-created in 1991. In 1993, the law-
suit was assigned to Circuit Court
Judge William Johnson of Volusia
County. He ordered the state and the
foundation into mediation.
That mediation was the start of
the process of negotiations for set-
tlement, said Frank Stockton, repre-
senting Florida's Department of
State in 1994 when the settlement
was reached.
The court-ordered settlement


included acknowledgement that
there was no wrong-doing or mis-
management on the part of the foun-
dation. The judge's order also pre-
vents the foundation from selling or
mortgaging any of the properties it
owns and gives the properties to the
state if the foundation dissolves.
Those properties include the
Hispanic Garden, the Pan American
Building, Oliveros House, Ortega
House, Villalonga House, Acosta
House, and the Santoya House.
Proctor said in 1994, that the set-
tlement reaffirmed the foundation's
position that the properties were
properly managed and maintained.
He also reiterated that the founda-
tion had no intention of selling or
mortgaging any of the properties.
The foundation was chartered on
Jan. 24, 1962 as St. Augustine
Restoration, Inc. The organization
was set up to become the private
fund-raising arm for the state-creat-


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ed St. Augustine Restoration
Commission.
Earle Newton, then executive
director of the commission, said the
state agency did not have a means to
provide funds for the maintenance
or the purchase of properties for
restoration. So, the private founda-
tion was started.
"The state never owned the foun-
dation," said Newton in an inter-
view last week.


Dr. Steven Grable, M.
'Mu~eIDfwt dvt


Newton said that in the early
years of the foundation, the founda-
tion board was the same as the
restoration commission. But that
changed in 1974 when the founda-
tion's name was changed to St.
Augustine Restoration, Inc. A sepa-
rate board was set up. In 1984, a
subsequent name :change was
recorded and the foundation became
known as the St. Augustine
Foundation, Inc.
.; 1 -:.: e...{.


In addition to Proctor, the foun-
dation's officers and directors, as
listed on its 2000 annual report to
the Florida Department of State
Division of Corporations are: Joan
B. Young, secretary; Kenneth
Russom, treasurer; and Frank D.
Upchurch and John D. Bailey, direc-
tors. John D. Bailey Jr., is listed as
the foundation's registered agent on
its annual not-for-profit foundation
report to the state.


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4A The St. Augustine Record-


THE ST. A-GUSTINE RECORD -----




OPINION


> EDITORIAL

Come on. Get over it. Get on with it. Get the Garden


here's the proverbial good news/bad news concerning
the fate of the Hispanic Garden.
The good news by Flagler Foundation President Bill
Proctor is that the landmark will be re-established for now
- not razed for new construction.
The bad news is that wrought iron gates will be hung at
the entrances. The public will be kept out. The foundation
will, we're told; allow limited use by government, civic or
private groups.
The loser here is us.
The Hispanic Garden is the one quiet place along historic
St. George Street where visitors can pause, rest and take in
the beauty and the smell of jasmine in the spring or fall.
The saddest part of this chapter in the Garden's history is
that it doesn't have to be.
The foundation is still interested in the sale of the proper-
ty to the City of St. Augustine. The City, it seems, is not.
We have to wonder why,
There is one explanation that seems to be gaining more
credence as time goes on. It's not pretty.
There are those who believe the City's disinterest stems
from the ongoing street entertainer controversy. City Fa-


Animal cruelty... does pay
Editor:
Why I was surprised Jack Boyd Jr. got off so


others, it's said, are afraid that the Garden would be one
more venue for entertainers and vendors to ply their trade.
The Garden probably wouldn't be covered by the language
of the street ban ordinance (facing legal challenge this
week), in that folks playing there would not block pedestri-
an traffic or endanger tourists.
That may or may not be.
But what's certain is this. If city leaders allow their dis-
dain for the street folks to turn them from acquiring this
property, we all lose:
Priorities, please. Let's save the property first. Let's stop
the foundation from fiddling with it, then worry about
who's fiddling in it.
Lawyers tell us there are any number of legal methods of
controlling what goes on in the Garden. A lease back to the
Department of Historic Preservation and Heritage Tourism,
could work allowing it to set the parameters of what is
and is not allowed in the Garden.
The ball is clearly in St. Augustine's court.
Let's see who in its government is big enough to look
past a five-year spat, to what's really going to be important
when all this controversy is said and done.


wonder where the $250,000 is coming from?
;Roy 0. Barnes Sr.
St. Augustine
r"AdwhaI A 4I' 6m Dias ai


The great (?) debate


Too often the first presidential
debate looked like an Al Gore
monologue, with footnotes by
George W. Bush, while moderator
Jim Lehrer looked on like an inno-
cent bystander.
Perhaps
Lehrer was too
much of a gen-
tleman to say,
"Shut up, al-
ready, so the
other guy can
get a word in
edgewise."
But there are
other ways of THOMAS
imposing some SOWELL
penalty for vio- ie
lasting the rules
and the spirit of
the debates.
When the moderator announces,
"You have two minutes," that
doesn't mean anything if one speak-
er Gore repeatedly, in this case -
can ramble on as long as he wants,
not.to- mention interrupting and dis-
rupting the other speaker when his
time comes. In the House of Repre-
sentatives, the presiding officer an-
nounces, "The gentleman's time
has expired." If the Congressman
who is talking keeps going on any-
way,. then there is the sound of the
gavel and, finally, a more insistent


laws that he now has the gall to
make a centerpiece of his election
program. Calling for more taws
when the existing laws are not being
honored or enforced makes no
sense, except politically. And: it
makes sdnse politically only be-
cause much of the public either
doesn't know the facts or forgets
easily.
Gore's claim that he didn't know
he was violating the campaigrinfi-
nance laws is weaker than the' x-
cuses made by little kids. With an
army of staffers and advisers 'ar-
ranging every detail of every event
on his schedule, how can a girwn
man claim not to know that he was
going to a fund-raiser? With docu-
mentary evidence that he was pires-
ent at a White House meeting when
the schedule and purpose of an
event was spelled out in words'of
one syllable, how can Gore claim
that he didn't know, wasn't paying
attention, had to go to the bath6orm
and missed what was said? i'
Effrontery is how. Chutzpih is
how. Contempt for the public's in-
telligence is how. Gore's style is
different from Clinton's but the sub-
stance is not. Square-jawed lies,
told with Boy Scout innocence 'are
still lies. 3 ,
Gore's ability to deny document-
ed facts with brazen indigna!o' a


Sunday, October 8, 2000


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