Politics & Government

Mayor: No 'Back Door Agreement' Over Village Dock Barter

A fireboat and the issue of trustees' family utilizing the railroad dock caused some contention in Greenport Tuesday.

Tempers flared over dockage issues concerning a fireboat and trustees utilizing village docks at the Greenport board meeting Tuesday night.

Commercial fisherman Sidney Smith began by blasting the idea of docking the fireboat, currently tied up at Mitchell Park Marina, at the railroad dock, citing safety and liability concerns.

In March, Smith said the historical fireboat, "Firefighter"not should ultimately be sited at the village's railroad dock. In January, a contract was signed by Greenport Village allowing the Fireboat Firefighter Museum to berth at Mitchell Marina, where it's currently docked at the East Pier, for $200 per month through June, with the option to renew.

The boat, which was commissioned by the Fire Department of New York and designed in 1937 by William Francis Gibbs, was originally created to combat vessel, structure, and pier fires.

Today, the purpose of the museum is to protect the fire boat "Firefighter" as a living and fully functional example of martime history, and to train youth, as well as provide free educational sails for veterans, Wounded Warrior groups, and others.

Smith, who utilizes the village's railroad dock, has said he has a number of concerns. The dock, he said, has "a lot of problems," including live electric wires "everywhere" and in the water, something he said leaves the village open to "lawsuit and liability."

In addition, Smith said, the bulkhead has holes and is "caving in."

Greenport Village Mayor David Nyce said Suffolk County would have to agree to allow the fireboat to be sited at the railroad dock. 

Nyce told Smith on Tuesday that the village does not own the boat. 

Smith said the fireboat has a riveted hull. "That was how the Titanic was built," he said.

The fireboat, Smith added, is "too heavy" and takes up too much space on the railroad dock, hampering efforts of other commercial fisherman to make repairs to their vessels.

Robert Hamilton, another commercial fisherman in the audience, said only commercial fishing uses should be allowed; he asked what had happened to the dock committee. He asked why village employees were allowed to use the dock.

"Some said that would be be favoritism and now that seems to be what has happened," he said.

Commercial fisherman Mark Phillips, married to Greenport Village trustee Mary Bess Phillips, said he installed two speed restriction buoys in Greenport Harbor. 

"I put them in in three stages with help," Phillips said. 

Greenport Village Mayor David Nyce said a "barter" agreement had been approved by the board in December of 2011, that would allow Phillips to provide the service of installing and removing the buoys in exchange for dockage fees.

Trustee Phillips recused herself from that vote.

Some residents have questioned the ethics of allowing a boat, F/V Illusion, belonging board member, Phillips, who is a principal in the company, to utilize the railroad dock. The Illusion is owned solely by Mark Phillips.

Mark Phillips said he does pay rent, and that the board needs to decide if it wants commercial fishermen at the dock, or if Smith "gets the northeast side and the rest of us leave. The Peconic Star II, he said, leaves room for only a limited number of slips, he said.

"Only three boats other than the Peconic Star can tie up without rafting," he said.

Of Smith, he said, "The village board should not be in direct competition with other businesses. He can pack his fish elsewhere if they can put up with his b.s.," he said.

Phillips said he has paid for repairs at the dock and done an underwater survey and yet others such as Smith "get free reign. Please tell the rest of us to leave if it's the board's decision to give them free reign."

Mark Phillips told Patch that normally, he installs all six or seven buoys --a number that changes from year to year -- "in one shot," but this year the two new buoys were not there, so he put the big buoy in, then made arrangements to have the others in in case he did not make it back to Greenport in time for the season's start.

"I had to make two trips back to Greenport to take care of the buoys at 700 gallons of fuel each time," Phillips said. "Do you think I benefit from a barter system? To give you an idea, my boat spent $600,000 in fuel last year. Dave Kapell came to me to help the village; Bill Swisky came to me to help the village," Phillips said. "I said in the letter I read that prior to paying rent I put pilings in cleats on the dock The Simon Bolivar -- all this because there was no rent charge. Also, the village asked me to come to the dock because it wasn't being used. I have not asked the village for one thing other then to have help dealing with the Merit and Peconic Star."

Mary Bess Phillips outlined the history of the buoys in an email to Patch Wednesday.

"First, when Mitchell Marina was first opening they needed to place the buoys. At the request of Mayor David Kapell, Mark usied his electronic equipment to set, and did the leg work of welding and setting up the buoys, himself. We had done the job long before I became a trustee. At the time, Mayor Kapell was to have a resolution passed. When I became trustee, it was discovered on my part that it was not completed." 

The village minutes of the meeting detail that information, Phillips said.

"Second, there now a resolution on the books establishing this activity that the Mayor Nyce mentioned last night," she said.

"Third, I have paid the rent amount when it was requested and established by the village board at our suggestion many years ago. Again, this activity is mentioned in Village minutes," Phillips said.

"Fourth, we pay for an established electric account at the railroad dock. This is a system which was paid for by Benny Rose and my husband, and was asked for by Mayor Kapell to quiet the generators that these vessels need to run at the dock for their equipment.  This was to not only save fuel, but noise pollution in that area of the village."

"Fifth," Phillips said. "I pay the rent in the budget year. A check in the amount of $830.00 is at Village Hall dated June 1."

"We have had the Illusion at the railroad dock for 25 years," Phillips said. "Before becoming a trustee I, and many will tell you,  spent many years not only in fisheries politics, but defending the usage at the dock for commercial vessels."

Of the fireboat, Nyce said he will be meeting with the county next week but said they had no issue with the fireboat and had given preliminary approval.

Originally, he said, the county had said 'no' to the Peconic Star but "were okay, once they realize he was not running a ferry service."

As for the future of the fireboat, Nyce said the plan was to "move very slowly. There's no great rush. We want to make sure we take the proper steps."

While the mayor said he liked the idea of the fireboat because "it raises awareness," he assured the will of the public would be taken into account.

Any agreement would "make sure the village is absolutely covered," he added. "If we can't come to an agreement, they find another home. I'd like to make it work but not to the detriment of the village."

Trustee Phillips introduced a resolution that would address use at the railroad dock. The resolution read that Chapter 48 of the Greenport village code, as it pertains to waterfront usage as far as boating, mooring, and permits,be reviewed by the code committee, with a report to be prepared simultaneously by marina manager Jeff Goubeaud and Village Administrator David Abatelli regarding the use and history of the railroad dock.

"If changes are deemed necessary the code committee will make those suggestions and we would look to amend the code," Nyce said, reminding that code committee meetings are open to the public. 

Phillips said the code committee would "resurrect the original configuration of the dock to see if we could create a few more spots for everyone," with additional electric so that everyone is "paying fairly for electric."

Nyce said that the board did allow for agreement with Mark Phillips'  boat, the F/V Illusion, "for speed buoys in exchange for rent at the dock. There was no back room agreement," he said. "It's a benefit because the cost to the village would be substantially more if there was an outside contract."

But some residents feel the agreement is unlawful, because Mary Bess Phillips is a trustee, and also, that Phillips pays a rent way lower than what could be charged normally.

"I believe the law is clear, she can have the agreement or she can have her seat as a Trustee, she can't have both, recusing herself from the vote was simply not enough to be in compliance of Article 18," said resident John Saladino.

How do you feel about the fireboat docking at the railroad dock? What about the issue of a Trustee's husband getting dockage fees in exchange for installing and removing buoys? Share your thoughts here.


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