NSBNEWS.net video by Sera Frederick. Bouchelle Island resident Bill Koleszar continues his fight to invalidate the Anglers Yacht Club lease with the city.
NEW SMYRNA BEACH -- Not content that the City Commission earlier this month voted to spend $7,500 for an updated appraisal on prime riverfront acreage the Angler's Yacht Club has under a longstanding lease with the city, Bouchelle Island resident Bill Koleszar stood alone Tuesday, again challenging the validity of the agreement and asking the city to go to court to take back the property.
Before Koleszar even began his pitch, Mayor Adam Barringer, an angler member, recused himself from the discussion, handing the gavel to City Commissioner and Vice Mayor Lynne Plaskett. Koleszar pointed out that City Attorney Frank Gummey and his staff are collectively paid more than $35,000 a month so "there's absolutely no reason" for the city not to seek a declaratory judgment from the courts invalidating the lease.
Koleszar, reiterating that outside counsel Scott Glass advised the city last year that it was his legal opinion that the city's longstanding lease with the city was "void" and added it's time for the city to "go forward" with its in-house counsel and "put this issue to bed."
Gummey did not speak on the issue. In fact, none of the commissioners spoke when Koleszar asked if there were any questions on his brief presentation, to which he received a bunch of blank stares, with Plaskett the only one responding: "Thank you, Mr. Koleszar."
The commission entertained an offer from the Anglers earlier this to purchase the property outright for $795,000, which would end the lease agreement.
The commission, however, pressed by Angler critics, again led by Koleszar, held off in favor of obtaining an updated appraisal. The city and the Anglers have been in talks since in an effort to avoid potential costly litigation for both sides.
The commission earlier this month voted 4-0, with Barringer abstaining, to spend $7,500 for an updated appraisal of the neatly 2-acre parcel at 2 North Causeway on the Intracoastal Waterway that the Angler's Club has occupied since 1942 under provisions of a 99-year lease that in the past two years has been called into question by several vocal residents led by Koleszar.
The commission in 2009 hired Glass after then-Mayor Sally Mackay and then-Commissioner Randy Richenberg and Plaskett were not satisfied with Gummey's opinion that the lease was valid and voted 3-2 to hire Glass at $20,000 to research the lease's validity.
The two opposing votes were cast by Commissioners Jack Grasty and Jim Hathaway. Glass ended up charging the city an additional $8,000 and Mackay and Richenberg lost the general election with the Anglers lease one of the issues. They were replaced by Barringer and Judy Reiker, respectively.
Though Glass said he believed the lease was not valid, he pleased with the city to instead negotiate an amicable settlement to avoid costly litigation.
Here are videos from the City Commission discussion on the Angler's at the previous meeting:
NSBNEWS.net videos by Sera Frederick.