Published by former Mayor George Gardner October 11 2014
The Report is an independent publication serving our community
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Fornells demolition
The city staff Procedural Review of contractor Len Weeks' foundation work on the historic Fornells house that led to its demolition goes to the City Commission Monday for review.
The commission meeting begins at 5 pm in the Alcazar Room at City hall.
Assistant City Manager Tim Burchfield, who interviewed six city officials ranging from Planning and Building Director David Birchim to City Archaeologist Carl Halbirt, concluded in his report, "I do not believe any actions taken by City personnel or the lack thereof contributed to the collapse of the Fornells House located at 62-A Spanish Street. ...
"City personnel rely on professional licensed contractors, architects and engineers to use their expertise to design, plan and perform work in a manner which will protect and preserve the buildings and structures that make this City the historical jewel we have all grown to love."
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Greek festival
This weekend
Taste the heritage this weekend at the 17th Annual St. Augustine Greek Festival at Francis Field.
Celebrating St. Augustine's Greek heritage today 11 am-10 pm and Sunday 11 am-5 pm.
Enjoy Greek Food, Dance, Live Music, Kids Center, Vendors ...
Admission: $3, children 12 and under free, as well as active duty military and their immediate family.
Details on the website.
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Ed Slavin challenges
Echo House demolition
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The Historic Architectural Review Board (HARB) decision to allow demolition of a portion of Lincolnville's historic Echo House is being appealed to the City Commission by activist Ed Slavin - and he is being challenged on his standing to make the appeal.
For the first time in years since commissioners required appeals to be approved for legal sufficiency, City Attorney Isabelle Lopez says the "application raised the issue of whether the applicant had sufficient standing to file the appeal."
Slavin argues among numerous points:
Granting this demolition permit deprives Objector of right to honest services and based, non-discriminatory HARB decisions made without fear or favor.
Planning and Zoning Board Chair Susan Agresta, identified as PZB Chair, published a St. Augustine Record column, calling for demolition of Echo House.
Pastor Ronald Rawls and his parishioners, purporting to speak for the Almighty, and threatening violence amid accusations of racism, pressured the Historic Architec-tural Review Board to violate the Objector's right to a fair hearing and sacred rights to enjoy historic architecture.
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Help for North City waterworks building?
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 | | Structural support in waterworks building |
An opportunity for $525,000 toward rehabilitation of the St. Augustine Waterworks Building on San Marco Avenue awaits City Commission approval Monday, to pledge $175,000 toward a $350,000 Special Category Historic Preservation Grant.
The cash match would be added to the $350,000 if the city's request is successful.
The building's interior is a web of structural support for the weakened brick walls. The building was closed as unsafe in 2008 and the area fenced in 2012.
Partnering with Partnership
for Lincolnville Fix-It-Up plan
City commissioners Monday will consider creating a Lincolnville Fix-It-Up Grant Program and contracting with the St. Johns Housing Partnership, Inc., "as a means of quickly and efficiently implementing the program."
The recommendation comes from the Lincolnville Community Redevelopment Agency (CRA) Steering Committee.
The city would piggyback a county contract with the partnership "to provide emergency repair services for sub-standard housing. The terms and conditions of that contract are identical to the need for the City of St. Augustine and the Lincolnville Community Redevelopment Area," the committee decided.
Zoning in review
The city's 38-year-old zoning code, under attack for not fitting today's neighborhoods, gets an examination from three points of view before the City Commission Monday.
City Manager John Regan will present an overview of the Livable City Initiative as it relates to updating the zoning code to balance residential and commercial needs.
Davis Shores resident Susan Rathbone will give a residential perspective on rezoning properties, particularly a proposed development of the "Lions' Castle" along Flagler Boulevard as a small events venue.
And Planning and Building Director David Birchim will present putting the Flagler Boulevard example in a Citywide context, including Planning and Zoning Board (PZB) and staff recommendations.
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Historic Bridge Street house, the former M&M Market, is being restored after its move closer to the street, while renovation of the former San Marco Inn is being completed to open as a DoubleTree Hotel.
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Neighbors hire attorney
to appeal 7-Eleven permit
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The Nelmar Terrace Neighborhood Association, Neighborhood Council of St. Augustine, Inc., and seven individuals have hired land use attorney Jane West to represent them in an appeal of the city's issuing a permit for a 7-Eleven convenience store with 12 gas pumps at San Marco Avenue and May Street.
Contributions are being accepted to Nelmar Terrace Neighborhood Association "legal fund" mailed to Melinda Rakoncay, 86 Magnolia Avenue, St. Augustine FL 32084.
Primary basis for the appeal is that an ordinance banning service stations on San Marco Avenue was pending before 7-Eleven filed a new permit application. The original permit denial is awaiting action in Circuit Court.
"So long as the ordinance is pending when the application is made, there is no entitlement to a permit under Florida case law," West says.
"We have identified a laundry list of specific design criteria that the proposed 7-Eleven wholly failed to meet, but more importantly, the project fails to meet the intent of the City's Design Standards for Entry Corridors," Nelmar Terrace Board Member Melinda Rakoncay says.
"San Marco Avenue is one of the main entrances to the city and the proposed 7-Eleven plan just doesn't fit with our historic heritage."
Attorney's credentials
 | | Attorney West |
St. Augustine Attorney Jane West was a founding partner of a law firm dedicated to protecting Florida's environment in Jupiter, Florida, and an attorney with the nonprofit Conservation Law Foundation in Portland, Maine, before establishing her St. Augustine practice.
Her court victories include Sumter Citizens fighting a 500 home project as a "leap-frog" development, Friends of the Anclote River in Tarpon Springs against a Wal-Mart, Sierra Club fighting development of 93,000 acres in SW Florida, and the Florida Coalition for Preservation fighting proposed acquisition of an entire town to build a $500 million yacht club/condo/resort complex on a barrier island with constrained hurricane evacuation routes.
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Wendler lawsuit in fifth year
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Jarndyce and Jarndyce drones on. This scarecrow of a suit has, in course of time, become so complicated, that no man alive knows what it means. Charles Dickens, Bleak House, 1852-53
Isabelle Lopez was outside counsel representing the city in 2009 when Donna Wendler took the city to court for denying historic property demolitions to build a boutique hotel on King Street.
Appointed assistant city attorney in 2011, Lopez continued defense from a dismissal based on timeliness of the complaint, through the 5th District Court of Appeal to the Florida Supreme Court, which chose not to take jurisdiction.
Now Lopez is city attorney and the case is a bifurcated trial in circuit court under the Bert Harris Property Rights Act, "first trial to determine if there is (city) liability, the second to determine damages if liability is found," Lopez says.
She'll ask city commissioners Monday to retain attorney Susan Erdelyi of Marks Gray law firm to represent the City in the continuing litigation.
Whetstones appealing - again
Henry and Esther Whetstone are appealing a verdict favoring the city in their three year lawsuit claiming title to an extension of their Bayfront Inn property into the bay, to allow them to build a 270 foot dock.
After testimony covering centuries of land titles, Judge Howard Maltz said, "There is a chain of title for Lot 4 (whose boundaries were disputed) stretching back to the 1700s. This chain of title was interrupted at several stages by geopolitics, as Spain, Britain, Spain, the United States, and finally the State of Florida exerted dominion over St. Augustine during its 450 year history."
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Quotable
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If our city does not work for all of us, it works for none of us.
Mayoral candidate Nancy Shaver at Neighborhood Council forum. The Report misquoted the candidate and apologizes
Oh, would I have loved even one of these fora when I ran. This is great for everyone.
Former Commissioner Bill Leary, now living in San Francisco
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History's Highlight
Greek and Menorcan pathways to St. Augustine
333 days to St. Augustine's 450th anniversary
They came from Greece's Smyrna, Santorini, Crete and Mani, joining the Italians and Menorcans to form an expedition of 1,403. The majority were Menorcans, 900, and Greeks, 400.
They had agreed to work for Dr. Andrew Turnbull for six to ten years to pay for their voyage and opportunity for a new life in America.
They landed in St. Augustine June 26, 1768, before sailing south to New Smyrna, where the English entrepreneur would establish an indigo plantation on a 20,000 acre tract.
 Indigo, the plant producing highly prized blue dye, came primarily from India, where it got its name. A successful plantation in this new British colony of East Florida, awarded by treaty in 1763, would bring Turnbull and his partners great profits.
Food shortage for the large number of laborers, the area - aptly-named by the Spanish Mosquito Coast, and the intense process of crushing and stirring the rotting vegetation, all served against New Smyrna's success. In nine years the industrious laborers exported a remarkable 43,283 pounds of indigo with other crops from the wharves of the New Smyrna plantation.
But the toll was heavy. Malaria and starvation claimed more than half the original work force, and pleas that Turnbull honor their indenture agreements were met with beatings.
May 5, 1777, some 600 survivors of the failed colony walked 75 miles to refuge in St. Augustine. Three of their number had secretly made the trek before them to file complaints with East Florida Governor Patrick Tonyn.
 They were granted the shelter of a large home near the city gate, built in 1749 by the Spanish Averos family. Here they worshiped and entered into new lives, establishing Menorcan and Greek cultures which survive to this day.
The Averos house was purchased in 1965 by the Greek Orthodox Archdiocese of North and South America as a holy site. While it exhibits the boxlike Spanish architecture outside, the interior has been transformed to replicate a Byzantine chapel with arches and four domes aligned to make a Greek Orthodox cross.
The inscription in Greek over the entranceway says, "Come, whoever is thirsty; accept the water of life as a gift, whoever wants it." (Revelations 22:17)
A statue of Father Pedro Camps, sheltering the colonists as he had through their ordeal and in refuge at St. Augustine, was placed in the west courtyard of the Cathedral Basilica in 1975 to commemorate the 200th anniversary of the arrival of the colonists.
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The St. Augustine Report is published weekly, with additional Reports previewing City Commission meetings as well as Special Reports. The Report is written and distributed by George Gardner, St. Augustine Mayor (2002-2006) and Commissioner (2006-2008) and a former newspaper reporter and editor. Contact the Report at gardner@aug.com or gardnerstaug@yahoo.com
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