NSBNEWS.net video by Sera Frederick. Bouchelle Island Bill Koleszar, who has led a grassroots campaign against New Smyrna Beach's decade's-old lease with the Angler's Club for exclusive use of prime riverfront property on the North Causeway, reiterated his position earlier this month in advance of tonight's big meeting.
NEW SMYRNA BEACH -- It could be standing-room-only for tonight's presentation by the outside attorney for the city who has already advised that the city's longstanding and controversial lease with the Angler's Club for prime riverfront property on the North Causeway is invalid.
Scott Glass of the Orlando law firm of Shutts and Bowen is expected to outline the city's options for dealing with the 99-year lease signed back in 1944, that provides for the exclusive use of the property at a meager cost of $25 a year.
Glass has already stated the lease is not valid because Florida's constitution, New Smyrna Beach's city charter and case law did not provide for such agreements until 1957, and since the city never ratified or updated the earlier agreement it was no longer valid.
Glass's opinion is not shared by City Attorney Frank Gummey who earlier told the City Commission it was his opinion that the Angler's have a valid lease.
Representatives of the city met with the Angler's previously and neither side was able to negotiate a settlement. Glass said in his July 10 memo to the city that even though it is his opinion based on the historical facts that the lease is not valid, the Angler's could sue and such litigation could be costly and protracted for both sides.
No formal action is expected by the commission tonight other than Glass's presentment and public discussion. Whether members of the Angler's show up remains to be seen. None of its members have publicly addressed the issue.
Tonight's meeting starts at 5:30 in the Deberry Room of the Utilities Commission Building, 200 Canal St.