Sunday, October 13, 2019

St. Augustine Yacht Club Demands to Expand -- PZB Must Hear It, NOT City Commission





Planning on expanding its use as a special agents venue, the secretive St. Augustine Yacht Club, operating on City property, is plumping for a zoning change, without Planning and Zoning Board consideration, putting the cart before the horse.

This is wrong and should be denied.

Come speak out on Monday, October 14, 2019 at City Commission.

Backed by Dr. Stanley Paris, whose defrauding students led to a $3 million fraud judgment against the University of St. Augustine, the Yacht Club has its hands out for a handout, supposedly a "gift." The "gift" is more like a Trojan Horse.

The secretive Yacht Club wants to expand its activities on Salt Run and essentially wants federal taxpayers to pay for it through a tax deduction for Dr. Paris.

It's our money.

Worse, use of the adjoining property for youth sailing activities frees up more of the City-owned Yacht Club property for special events.

The Yacht Club proposal requires a Planning and Zoning Board meeting to consider this new use, which should not be classified as a "Government Use."

On November 13, 2006, 76 St. Augustine Yacht Clubbers bludgeoned City Commission into approving a no-bid lease of the City's Lighthouse Park Community Center, formerly the Lighthouse Park Restaurant. The Yacht Club has controlled the place ever since, making money, renting out our City property for events, including "Wedding Receptions, Rehearsal Dinners, Holiday Parties, Hospitality Cocktail Receptions, Corporate Meetings & Dinners, Bridal & Baby Showers, Anniversary & Birthday Celebrations or even an Alumni gathering. "

The no-bid lease without an appraisal was renewed in 2015 by City Commission 4-1, Mayor Nancy Shaver, dissenting.

There are two different IRS nonprofits associated with the Yacht Club.  Why?

The City needs an audit to determine whether the Yacht Club is taking undue advance of its lease.

Nothing on the SAYC website contains any indicia of its being City property, or the requirement to be open for City events.

Nothing in the City lease addresses sharing event venue rentals with the City,

Nothing in the Yacht Club's IRS Forms 990 addresses receipt of subsidies, totaling more than $71,000, from the St. Augustine Port, Waterway and Beach District for annual boat parades, called the Regatta of Lights.  The latest demand for free money will be hearers by the Port District at its public meeting at 3 PM on Tuesday, October 15, 2019 at the St. Augustine Beach City Hall.

Is the supposed generosity of Stanley Paris is, in essence, a tax shelter?

The thinly-disguised demand for City rezoning of Yacht Club property to allow for more intense use for more events comes in the same year that Dr. Stanley Paris and his profit-making University of St. Augustine for Health Sciences paid out nearly $3 million as a result of a November 2018 jury verdict for negligent misrepresentation fraud, victimizing six students by falsely representing that they could get certifications as Florida physicians' assistants with a degree.

The Hemingway v. Paris lawsuit was filed after Michelle Hemingway, a student was FedExed a threatening letter, demanding that she keep quiet about her concerns about fraud.

Dr. Stanley Paris's and USAHS' threatening June 13, 2013 "Cease and Desist letter was signed by Frank D, Upchurch, III, a louche lawyer and Board member for Flagler College, Inc. and the St. Johns County School Board, who is also the counsel for the USAHS.  The letter was the student plaintiffs' Exhibit 7 in the jury trial, stating inter alia that Ms. Hemingway made "defamatory statements."  She criticized the University.  The University threatened her.  She sued and won.

"Education lawyer" Frank Upchurch, III, wrote Ms. Hemingway that "As a result of your deflation of the University, its reputation and business relationships with area physicians and the broader medical community have been damaged.  It appears that you have intentionally attempted to damage the University and its reputation. This conduct is unjustified, tortious and actionable.  If you persist, the University will pursue its remedies against you. This is a formal demand for you to immediately cease and desist from disparaging the University of St. Augustine.  Please be governed accordingly."  (Efforts to obtain contact from Frank D. Upchurch III have been unavailing for four months.)

"Education lawyer," Frank D, Upchurch, III, who sometimes falls asleep in school board meetings, gives bad legal advice to the School Board, including:

  • advice to violate the First Amendment rights of students not to be subjected to religious songs, resulting in a federal court judgement;
  • advice to violate Drew Adams' rights as a transgender student, resulting in a federal court judgment. 

Frank D, Upchurch, III used Upchurch, Bailey and Upchurch law firm letterhead, bearing the name of our current Mayor, Tracy Upchurch.  Perhaps the most counteproductive SLAPP suit threat in St. Augustine history, the letter led to the lawsuit, and was evidence in the case, the last jury trial held before Circuit Court Judge J. Michael Traynor, now retired after he reached age 70.

Dr. Paris is on the hook for the $3 million judgment as a result of his agreement selling USAHS, compensating students for their tuition, expenses and opportunity costs.  The victors were represented by attorneys Michael Milton and Kevin Jakab.  The prevailing students were Michelle Heminghway, Holly Weaver, Christina Mollica, Lauren Hofius, Elihu Watts and Justin Janzen.  Funds were disbursed after Circuit Court Judge R. Lee Smith upheld the jury verdicts before Judge Traynor, denying most defense motions.

Thus, Dr. Paris would very much like to shed his property next to our City-owned Yacht Club building.  The City should be in no hurry to help Dr. Paris do his taxes.

Due to the fact that the $3 million judgment was for "negligent misrepresentation," Dr. Paris may seek to deduct it from his taxes.  A tax expert was unsure as to whether it would be allowed.

But on top of it all, if Dr. Paris persuades the City of St. Augustine to accept his "gift," he gets to deduct 30-50% of the value, resulting in further subsidy to him by taxpayers.

Enough flummery, flimflammery, dupery, nincompoopery, waste, fraud and abuse, misfeasance, malfeasance and nonfeasance from the City in its sweetheart relationship with the St. Augustine Yacht Club, Dr. Paris and the University of St. Augustine,.

Dr, Paris is a frequent user of the St. Augustine Record for PR puff pieces, as in his serial efforts to sail around the world, breathlessly and uncritically covered by the Record.  (City Manager JOHN PATRICK REGAN, P.E., always a lickspittle for the Establishment, was up at 5 AM to see Dr. Paris off on at least one of his Quixotic

St. Augustine Record developer fanboy Stuart Korfhage, news room lead since firing of the Record's Editor, writes another puff piece, his speciality:  From St. Augustine Record:

St. Augustine Yacht Club looks to expand youth program
By Stuart Korfhage
Posted Oct 12, 2019 at 7:15 PM
St. Augustine Record
The St. Augustine Yacht Club has the interest, funding and infrastructure it needs to expand its youth sailing program. Now it just needs the support of the city and its neighbors.

The Yacht Club will make a proposal at Monday’s City Commission meeting to use the property at 110 Carver St. East for a new youth sailing center.

Located on Salt Run, the land has been acquired by Catherine and Stanley Paris. They are prepared to donate the land to the city and allow the city to lease the property to the Yacht Club for the sailing program.

The $1.2 million project would include a “small building” on the property that would become a children’s classroom and boat maintenance area. The now-damaged dock would be rebuilt for youth sailboats provided by the club.

Stanley Paris, well known for his sailing exploits, said acquiring the property next to the Yacht Club was a great opportunity to build the youth program. He said the new center would allow the club to keep small boats in the slips and alleviate the need for young sailors to compete for space with boaters at the public ramp — a situation that he says is currently a little dangerous.

“We notice they use the public ramp here, which can be very crowded with powerboats,” he said. “It’s going to greatly facilitate the ease of the kids using the boats and the safety for them. We think this is a positive step for the Yacht Club and a positive step for the youth sailing.”

Paris also understands the concern in the neighborhood. He said some people are worried that at some point the Yacht Club could sell its property. And with the adjacent property proposed to be added, that would make it an attractive commercial area.


That’s why the couple decided to suggest donating the new land to the city, which would have the ultimate control over the use.

“One of the concerns of the neighborhood has been: What would happen if the Yacht Club ever lost its lease or it folded, this property that we’re on could be leased out to a restaurant and this area would become very busy,” Paris said. “That’s why my wife and I are giving it to the city, and the only thing it can be used for is youth sailing.

“And should the Yacht Club move or fail at any time then someone else can take over a youth sailing program. Failing that, it stays in the city and is used for a park, a conservation kind of park.”

Yacht Club leaders say the current youth program serves about 200 children per year, ranging in age from 8 to 17. The program includes 20 youth scholarships, seven youth summer jobs and nine youth internships.

“St. Augustine was founded from the ocean and the water continues to be important to our city,” said Barbara Dolan, commodore of the Yacht Club. “With this youth sailing center, we will teach our children skills and life lessons that will allow them to not only master the water but also be successful in the future.”

Added Roy Jaeger, project leader and past commodore of the Yacht Club: “The new sailing center on Salt Run will provide safe and challenging sailing platform for a most important resource, the youth of St. Augustine. Children, as citizens and future leaders, gain confidence and sharpen their interpersonal skills and teamwork and enjoy the excitement that comes with being at the helm of a boat.”

---

From Yacht Club website:

Club Rental

Picture
The St. Augustine Yacht Club, on the shore of Salt Run, is only minutes away from the convenience and beauty of historic downtown St. Augustine. The waterfront setting in Lighthouse Park offers beautiful views of the inlet and the Conch Island dunes. Florida's oldest yacht club is the perfect place for your wedding or special event.

SAYC offers the perfect ambiance to host Special Events such as Wedding Receptions, Rehearsal Dinners, Holiday Parties, Hospitality Cocktail Receptions, Corporate Meetings & Dinners, Bridal & Baby Showers, Anniversary & Birthday Celebrations or even an Alumni gathering.  We invite you to complete the inquiry form below and a member of the SAYC staff will contact you within 2 business days.

As one recent bride stated: “(My husband) proposed to me on a beautiful day on the pier just outside the Yacht Club so having our reception there meant so much to us…. the facade of the Saint Augustine Yacht Club made the pictures perfect!”

The clubhouse accommodates 80 people in the main room and covered deck with buffet and dance floor. Additional seating is available with the optional lawn tent. Tables, chairs and white tablecloths are included, along with staffing for the event.

SAYC has standard menus for breakfast, lunch, dinner and receptions to fit every budget, or we can customize a menu for the specific event needs.

For information on availability, pricing and additional features of our banquet and dining facilities, complete the inquiry form and a member of the SAYC staff will contact you within 2 business days.  You may also call 904-824-9725 or email the Club Manager.

No comments: