A.        Town Council President Alba calls the Tuesday, February 19, 2019 Smithfield Town Council Work Session to order at 5:35 P.M.

B.        Emergency evacuation and health notification is made by Town Manager Randy Rossi

C.        Discussion Items:

Chair Cerroni explains that she began this project in 2009 because she was adopting rescue dogs for fifteen years. Chair Cerroni further explains that she saw many people walking their dogs on sidewalks, and she felt that a dog needs exercise.

Chair Cerroni states that in the beginning there were issues finding land. Chair Cerroni further states that she was approached by this committee. Chair Cerroni also states that the committee worked hard to raise money for this project. Chair Cerroni feels that the dog park will be a wonderful place.

Chair Cerroni explains that a fee of $25 per year will be charged for upkeep. Chair Cerroni further explains that originally there were three other potential sites; however, those sites were directly in neighborhoods.  

Chair Cerroni explains that the parcel of land the committee is hoping to acquire is not located in a neighborhood and has easy access. Chair Cerroni further explains that many

residents go out of Town to use dog parks, and she feels the Smithfield needs to have its own dog park.

Vice-Chair Dudemaine states that she has two dogs and takes them walking all the time, however, dogs need to socialize. Vice-Chair Dudemaine further states that there are many dog parks in the state; most of which are centralized in the Providence area. Vice-Chair Dudemaine explains that she follows many of those dog parks on social media and has learned a great deal from the follower’s comments.

Vice-Chair Dudemaine explains that many people are in favor of a dog park in Smithfield. Vice-Chair Dudemaine further explains that the committee is very cognizant of the area in which the dog park would be located. Vice-Chair Dudemaine also explains that the committee has been researching what residents are looking for.

Member Amoriggi states she is a dog lover and owns a dog. Member Amoriggi feels that walking her dog is good exercise for both her and her dog. Member Amoriggi further states that it dangerous to walk in her neighborhood as there are no sidewalks. Member Amoriggi feels there is a need for a dog park. Member Amoriggi states that she is aware dogs are not allowed on school property, however, she does go on school property because her dog is able to run free. Member Amoriggi further states that a good dog owner always has their dog vaccinated and cleans up after them.

Member Amoriggi explains that she became involved with the committee after reading an article about Chair Cerroni. After meeting Chair Cerroni, Member Amoriggi offered her graphic designing skills to the committee free of charge. Member Amoriggi states that she worked for Amica Insurance, who paid for the artwork and gave a large donation as well because they felt as a community it was a great thing to do. As a dog owner, Member Amoriggi feels there is a need for a dog park because dogs want to run free.

Member Amoriggi reviews Chapter 126. Animals: Article VIII. Smithfield Dog Park §126-41: Park Operations. Council President Alba explains that this ordinance was approved by the Town Council in 2015 to establish a dog park. Council President Alba further explains that this ordinance was written in partnership with the Police Chief. Council President Alba also explains that this ordinance pertains to a dog park regardless of location and addresses the rules and regulations, liabilities, etc.

Council Vice-President Lawton asks the process to register a dog.  Deputy Antonuccio explains that dog owners must present a copy of their dog’s rabies certificate and there is a registration fee of $8. Deputy Antonuccio further explains that dog licenses expire on

May 1^st of every year.  Council President Alba states that registering a dog can be used for tracking purposes by Animal Control should they ever get lost or run away.

Vice-Chair Dudemaine explains that many businesses require their employees to wear identification badges and perhaps those businesses would be willing to donate lanyards which could be given to residents when they register their dog.

Attorney McNelis states that the Town Council should be aware that the Town would not be liable for any injuries that occur at the dog park. Attorney McNelis further explains there is a harmless agreement within the ordinance which explains that anyone using the dog park would be doing so at their own risk.

Attorney McNelis also explains that there is a concept called the “assumption of the risk” anyone visiting a dog park would be under reasonable notice to be aware that they might be injured by a dog bite, therefore, assuming that risk is inherit with the visiting the dog park. 

Project Budget:

Attorney McNelis states that the committee has raised $18,000 which was raised through donations and annual dog walks. Attorney McNelis further states that $6,000 of this amount was spent on various renditions of the three (3) potential sites, leaving a remaining balance of $12,000.  Attorney McNelis explains that with regard to the budget, there were measures proposed and passed at the Financial Town Meeting, and in the FY 2018 the amount was $12,500, which comes from an off budget item dedicated for parks and recreation, and would not impact the tax base. Attorney McNelis further explains that in FY 2019 this amount was raised to $15,000, for total of $27,500. Attorney McNelis states that this amount added to the remaining balance of $12,000, leaves a balance of almost $40,000 in funds to start this project. Attorney McNelis furthers states that the Town Moderator polled the audience at the Financial Town Meeting which lead to a vote in favor to provide the funding to this committee for this project.

Attorney McNelis explains that with regard to the $25 fee per household, if only a conservative amount of two hundred (200) households  registered to use the dog park, this would give the committee an operational budget yearly of  approximately $5,000. Attorney McNelis feels that there should be very little concern about operational issues that would lead to asking the taxpayers for additional funds.

Attorney McNelis reviews the estimated materials costs and explains that many of the needed materials are being donated. Attorney McNelis further explains that this is usually a community positive project in other towns, and many vendors are eager to give the committee favorable rates or donations. Attorney McNelis suggests that those residents living in the immediate area should rethink their concerns because it may not be the “big bad neighbor” they think it is, and   it is certainly less aggravating then a strip mall.

Review Draft Lease Agreement:

Town Manager Rossi explains that Bryant University’s Board of Trustees recently approved a draft lease agreement with the Town to lease property to the Town for the sum of one ($1.00) dollar for a term of one year with ability to extend, by mutual agreement. Town Manager Rossi further explains that the agreement is tied specifically to the ordinance.

Review Site Layout:

Town Engineer Kevin Cleary reviews the site parameters. Engineer Cleary states the property is located on Farnum Pike north of Industrial Drive, south of the intersection of Brayton Road and Old Forge Road. Engineer Cleary also states that the site is on the east side of Farnum Pike and approximately two (2) acres.

Engineer Cleary explains that the proposed dog park fenced in area would become approximately one (1) acre of land, and approximately 28,000 sf. would be for the large dog area, and approximately 12,000 sf. would be allocated for small dogs. Engineer Cleary further explains that each area would have its own vestibules to enter the site.

Engineer Cleary also explains there would be parking for approximately 14-15 vehicles and onsite vegetation would remain to offer shade and screening for neighbors and slight improvements would be made to a homestead for additional parking. Engineer Cleary states that there is an onsite well that could be reused for water resources.  Engineer Cleary further states that the site is fairly turnkey ready.

Council President Alba asks about the existing vegetation. Engineer Cleary explains that the nearest home is located approximately 300 ft. away from the proposed dog park through 250 ft. of woods and wetlands. Engineer Cleary further explains that on the southeast is property owned by Bryant University that is currently undeveloped and provides a buffer from Farnum Pike up to their campus areas. Engineer Cleary states that this site is fairly accessible. Engineer Cleary gives credit to the committee for choosing a very useable site and turnkey at a very reasonable cost.

Vice-Chair Dudemaine states that this is a controlled environment and would take the dogs out of places that they should not be. Vice-Chair Dudemaine further states that the committee has a Facebook page (Smithfield Rhode Island Dog Park) and the page has 664 followers.

Council Member Lawton asks what the process in other communities is to use their dog park and why are only Smithfield residents allowed to our proposed dog park. Committee Member Amoriggi explains that the dog park located in North Kingstown is similar to Deerfield Park. The North Kingstown dog park is located in a recreational park where there are ball fields and soccer fields. Member Amoriggi further explains that no registration is necessary. Member Amoriggi also explains that Chase Farm is an open field that anyone can use. Member Amoriggi states she is not familiar with the rules and regulations of the other dog parks.

Council President Alba states that when she drafted the ordinance with the Police Chief, she noticed the Smithfield was stricter than other communities in order to protect the residents, dogs, and neighbors. Council President Alba further states it is limited to only Smithfield residents at this time to ensure there are no issues; however, it could be opened to non-residents in the future. Council President Alba also states that discussion has taken place regarding offering a limited amount of guest passes.

Council Member Cavanagh asks how residents from other communities will know that they are not allowed to bring their dogs to our dog park. Council President Alba explains that if electricity can be enabled, video cameras could be installed at the entrance to monitor who enters and identification badges will also be a help. Council President Alba further explains that police officers will not be onsite; however, there will be a number to call should any issues arise.     

Police Chief St. Sauveur explains a combination of things will control non-residents from entering such as signage, park users to identify users not having a custom identification badge, the police department and animal control.

Council Member Kilduff states that residents have expressed concerns about noise levels. Council Member Kilduff asks if the committee has been in contact with surrounding neighbors. Vice-Chair Dudemaine explains that the committee has not been in contact with the surrounding neighbors, but they have walked the neighborhood. Council President Alba states she did meet one of the neighbors prior to the donation of the land and walked the site. President Alba further states that the committee has a list of abutters and is intending to visit the site with the abutters. Council President Alba also states that the hours of operation will be monitored. Council President Alba explains that arborvitae will be planted because they will absorb some of the sound.

Council Member Kilduff asks how the size of a dog would be differentiated. Chair Cerroni states it would be commonsense.   

Council Member Cavanagh would like to review the estimated material costs. Engineer Cleary reviews the estimated material costs explaining what each unit means. Council

Member Cavanagh asks about the estimated labor and equipment costs. Engineer Cleary explains that there are four (4) values. Engineer Cleary further explains that he tried to determine reasonable unit prices by using market values that are appropriate at this time. Engineer Cleary also explains that the units that were quantified were given an assigned a per unit value which equals the material cost. Engineer Cleary states that the material costs have a total of $49,305, and that total does not include the alternates (materials only).

Council Member Alba explains that the alternates are not the necessities that will be needed when the park opens. Council Member Alba further explains that $88,225.37 is the highest estimate, and the amount of $61,955.37 is the material and labor cost. Council President Alba also explains that the estimated material costs do not take into consideration the commitments from local businesses to make donations. Engineer Cleary states that some of the material can be reused.

Council Member Cavanagh asks if compliance with the American Disabilities Act is part of the estimate.  Engineer Cleary explains that some of the walkways from the parking lot area to the entrance are uniformly graded, but adjustments may be needed to make them more conducive for ADA compliance, and there may need to be some ADA parking spaces created. Engineer Cleary further explains that this is not included in the material cost because it could be supplemental. 

Council Member Cavanagh asks about the budget item in FY20 CIP including material cost of project estimate above plus an approximate 15% markup. Town Manager Rossi explains that this was included on the Town’s side for budgeting purposes; however, it is his understanding that the committee will not request any contribution from the Town.  Council Member Cavanagh asks where the difference will come from. Engineer Cleary   states that the amount $49,305 includes fixed material costs and $12,650 of DPW in kind services. Town Manager Rossi explains that the total of $68,305 is the amount of regular items and alternates. Council President Alba explains that the committee has future fundraisers planned and commitments from businesses located in Town.

Council Member Cavanagh asks if the draft agreement with Bryant University will be voted on by the Town Council. Town Manager Rossi explains that this agreement needs to be reviewed with the Town Council and Town Solicitor. Council Member Cavanagh asks if the project needs to be approved by the Zoning Board of Review. Engineer Cleary explains that he is unaware and will meet with Town Planner Michael Phillips. Town Solicitor Gallone states that Bryant University is requesting a zoning certificate showing that the use is permissible.

Council Member Cavanagh explains that if there were complaints made, Bryant University would withdraw their support. Town Solicitor Gallone states that there are a few points in the agreement that will need to be reviewed.

John Serapiglia of 305 Old County Road asks where the funding came from for this project. Town Manager Rossi states the funding has come from capital funds that were put aside for capital uses. Mr. Serapiglia asks if that is taxpayer money. Town Manager Rossi states that in reality it is taxpayer money placed in reserve to carry over to capital funds. Town Manager Rossi ensures that these funds were not added to the taxpayers to generate.

Mr. Serapiglia asks if the well water has been checked. Council President Alba states that the well water has not been checked. Engineer Cleary explains that public water is available as an alternative. Council President Alba explains that some dog parks have stationery water containers. Council President Alba further explains that water can be provided without having to use the well.

Mr. Serapiglia asks about the Town’s liability should someone get hurt. Town Solicitor Gallone states that once a final lease is drafted, he will have The Trust (Town’s insurer) review lease.

Richard Oliver of 1 Levesque Drive feels that the committee has good intentions; however, the location is not good. Mr. Oliver states that he is an abutter to this property, and he can hear noise on John Mowry Road. Mr. Oliver further states that he knocked on doors in the neighborhood to see how they felt about the potential dog park. Mr. Oliver also states that the committee did not knock on doors in the neighborhood.

Mr. Oliver asks about the Nuisance Law. Mr. Oliver states that if there are three (3) complaints about a barking dog, and the dog is not picked up at Animal Control within seven (7) days, the dog will be disposed of. Chair Cerroni states that if someone loves their dog, they will not be left at Animal Control for seven (7) days. Police Chief St. Sauveur feels that the likelihood receiving three (3) complaints against a specific dog is extremely low.

Mr. Oliver asks how many dogs a resident can have. Chief St. Sauveur states that residents are allowed to have three (3) dogs; any more than three (3) dogs would require a Kennel License. Mr. Oliver states that no one wants to live near a kennel. Mr. Oliver further states that the dog park is great, but the neighbors do not want to be disturbed by it.

Judith Duquette of 5 Levesque Drive expresses her concerns about traffic. Ms. Duquette states that she would rather have the police dealing with other important issues. Council President Alba states that taxes are paid to have public safety for everyone and every issue.

Engineer Cleary explains that with the expectation that two hundred (200) residents use the park annually that would result in two hundred (200) trips in and out of the dog park. Engineer Cleary further explains that equals four hundred (400) trips over the course of three hundred sixty five (365) days a year. Engineer Cleary feels that someone takes more trips in and out of a residential driveway than the dog park will generate on an annual basis. Engineer Cleary states traffic would be low volume.

James Jambroz of 9 Dongay Road states that that this property was purchased by Bryant University for a road, but the property is not in Bryant University. Mr. Jambroz further states that there are twenty seven (27) houses in the plat where he lives, and the adjoining houses, and noise can be heard from The Last Resort and Lucky Dog Daycare. Mr. Jambroz also states that the noise is aggravating.

Mr. Jambroz wants to know who will be responsible if a dog gets loose and bites someone. Council President Alba states that the dog park will be enclosed, and the Town cannot control any parking lot. Mr. Jambroz states that he moved here forty (40) years ago because it was quiet and a great place to raise children.

Council President Alba explains that there will be a future Public Hearing, and the committee will be contacting those residents that abut the property.  

Motion is made by Council Member Lawton, seconded by Council Member Kilduff, to adjourn the meeting. Motion is approved by a unanimous 4/0 vote.

Meeting adjourns at 6:48 p.m.

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Lyn Antonuccio, MPA, Deputy Town Clerk