NEW SMYRNA BEACH -- The way City Commissioner William Hathaway sees it, nothing will be lost by allowing City Attorney Frank Gummey and interim City Manager Khalid Resheidat to meet next week with members of the Angler's Club before the city spends money on outside counsel to investigate the legitimacy of a longstanding lease agreement for prime public waterfront property.
"If it blows up in our face, we re-group," Hathaway said earlier tonight.
Hathaway also was opposed by a media request from NSBNEWS.net to have the meeting open to the public, after City Commissioner Lynne Plaskett said she wanted to attend, promising she would "just listen."
Gummey and Resheidat were opposed to Plaskett attending as well as anyone from the public, with the city manager saying he wanted a chance to "negotiate" in good faith.
"Give us a chance, Mr. Gummey and I, to meet with them," Resheidat implored the commission.
Plaskett asked "exactly is it you are going to negotiate?"
Mayor Sally Mackay cautioned the two city staff members about throwing around words "agreement" and "negotiation," saying they are premature.
At issue is a 99-year lease agreement the city signed in 1944 that allows the Angler's Club exclusive rights to prprimeaterfront property owned by the city at 2 North Causeway for $25 a year.
Not only have residents such as William Kolesczar and Bill Gerhardtz questioned the undervaluing of the lease, but also possible discriminatory language that was later placed in the lease agreement that limited membership to white men, 21 years ogofge and older.
Koesczar said he believes discrimination may have taken place and that misrepresentations may have been made about membership in 2004 by the Angler's Club to obtain federal funding after the hurricanes destroyed some of the docking.
Gerhartz added he can't understand why the city is not moving ahead with outside counsel to investigate that issue. Commissioners last month agreed to spend $20,000, if necessary, on outside counsel, should the Angler's Club not cooperate in answering questions about the lease agreement.
"I raised the issue two years ago and I'm getting sick of it," Gerhartz said.
The city attorney warned the commission that questioning the representation of the Angler's Club with federal agencies is a slippery slope, insisting the city stay on the singular theme that it has a "landlord-tenant relationship with the Angler's Club."
The discriminatory language has been removed, Gummey told the commission, but the elected officials say they want written proof.
Mayor Mackay said it is her understanding there are no women or non-white members of the Angler's Club.
"It's untenable that in 2009 we live with this," she said. "Let's deal with the stigma or reality of discrimination. I can't believe there are no women in that club. I don't believe there are any African Americans in that club. I can't believe there aren't any Asian Americans in that club."
Commissioner Richenberg saiid the "hot-button issue" could be cleared up by the city receiving the documents from the Angler's Club, showing it meets all of the requirements to enforce the validity of the lease.
The commissioners also agreed to let Plaskett sit in on the meeting next week after she pledged: I will sit there. I won't say anything."
Members of the Angler's Club have not spoken publicly on the issue. Their legal interests are represented by attorney Michael Brewer.