After months of public debate, residents will get the chance to weigh in on the future of Mitchell Park tonight at the monthly village board meeting.
A public hearing will take place at the meeting, which begins at 6 p.m. at the Third Street Firehouse.
A moratorium on mass public assembly permits was put in place last year, and months of heated discussion have ensued.
In October, the Greenport village board continued to ponder whether or not to allow mass public assembly permits.
Greenport Village Mayor David Nyce said there were two options, deciding not to issue mass public assembly permits, and allow only village-sponsored events, or setting an “exorbitantly high fee” for the permits that would put the brakes on a flood of applicants.
Village-sponsored events would include community-driven activities that the village either initiated, or for which they provided staff and in-kind services, such as Dances in the Park, the Maritime Festival, the Tall Ships Festival, and Shakespeare in the Park, he said.
Trustee David Murray suggested a committee be appointed to study the issue and said that he believed there was a need to “stop the permits altogether,” except for village-sponsored events. “If we don’t we will have something every Saturday and Sunday,” he said. “And we will have to allow them.”
If the board decided not to issue the mass public assembly permit, Nyce said, Mitchell Park would be an open public park, and the village would not be able to deny anyone access, but if a group were denying someone else’s use of the park, they would be asked to disperse. Also, no amplified music, tents, tables, chairs, or electric would be allowed.
Trustee Julia Robins said she agreed with Murray and said she believed the park was meant for open space and people’s enjoyment of the waterfront, not a “proliferation of events. I can only see that this will continue to happen if we don’t put an end to it,” she said.
The issue played a major part in the recent election.
Nyce asked Village Attorney Joe Prokop if there would be legal ramifications to the other option, setting an exorbitantly high for the permits.
Prokop said fees cannot be the mechanism to regulate use of the park. “Fees can’t be set at a level that’s prohibitive,” he said, adding that there would need to be a reasonable explanation for a high fee, such as the need to recoup monies spent by the village for the event or for services rendered by the village.
Also, Robins said, those who could not afford the fee might commence lawsuits; Prokop agreed that could happen, with individuals fighting for their right to assemble and freedom of speech.
Guests of the marina would be allowed to use a section of the park in front of the marina office and on the observation deck above the office, Nyce said.
Trustee Mary Bess Phillips said she believed the original concept of providing waterfront access to the public was critical.
Last spring, the board looked to deny several events “due to extended use of the park.” When controversy ensued over restriction of two religious events at the park, that were denied because the board “though they were not appropriate,” the board “had to backtrack”, and allow the events, Nyce said.
Next, last July, the public weighed in: Greenport village resident Mike Osinski read the First Amendment, reminding of the “right of the people to peaceably assembly,” under the governing law of the land. “I think this board should tread very lightly on the amount of restrictions it wants to place on public property. We as residents of this nation have that right to assemble.”
Those that are rowdy or drunk are a different story, he said.
Osinski reminded of the many events that take place already in the park, including the Maritime Festival, and lightings of the village Christmas tree and menorah.
Nyce reminded that mass public assembly permits give applicants rights to specific portions of the park for their event. “If we don’t grant that, the park is what Mr. Osinski said, an open space for everyone to assemble. All the permit process will allow us to do is to authorize use of a specific structure, or deal with amplification. We cannot limit people’s right to assemble based on who they are.”
Most recently, members of the public have asked the board to come to some resolution before the summer season. Mayor-elect George Hubbard said he agreed the process needed to move forward and asked the board at a recent meeting to leave with “homework” and come back with ideas on the issue. Residents have asked that all discussions on the matter take place in a public forum, with the public allowed to weigh in at meetings, not just through letters or emails.
