Opponents don’t want facility in Birch Grove Park, cite noise, pollution
By CRAIG D. SCHENCK/Sentinel staff
NORTHFIELD — Legal issues, environmental concerns and fear of attacks and annoyance were all part of the discussion of creating a dedicated area for dogs at Birch Grove Park.
Meeting for the first time with a (limited) live audience since the COVID-19 crisis began, City Council talked about a draft resolution and a draft lease with the nonprofit Friends of the Northfield NJ Dog Park.
City Clerk and administrator Mary Canesi informed council that the lease agreement does not call for payment of an escrow deposit, saying it’s “not in the city’s best interest to not have protection for some of those fees.”
City solicitor Mark Stein said escrow usually is one or one and a half times the rent, but since the rent is $1 that would not be helpful. He said the city should choose a number “that can be accommodated but not so low that it’s irrelevant.” He suggested $500 to $1,000.
Canesi also was concerned that the draft lease would give the group 90 days after violation before it could be terminated and that there would be no way to force it to close in an emergency.
“We’re treating this lease like a municipal project when it’s not,” Canesi said, adding that it offers no protection for the city.
She suggested language be added that specifies if there is a public safety emergency, the chief of police can close the park
“These are all things we would put into a lease for any other entity but we’re not doing that. We’re giving this group different treatment and treating it differently than any other lease,” Canesi said.
Solicitor Mark Stein said the number of days could be changed in the final draft, noting that Egg Harbor Township’s ordinance specifies 60 days.
Stein also said the ordinance creating a dog park would allow the police chief to shut it down in an emergency. He suggested that the city put language in the lease that stipulates any shutdown would be addressed at the next council meeting.
“Then instead of putting the onus on the city … the onus becomes on the dog park people to go take an appeal from the council’s vote,” Stein said. “It gives due process and gives the chief power and City Council the ability to oversee that.”
Councilwoman Susan Korngut, who has championed the dog park plan throughout her term, said the nonprofit members feel like they would be at the mercy of the city. She said the group may feel the reason for closing is unreasonable and wants it stipulated that if the nonprofit fights a shutdown and wins, it does not owe the city for legal fees.
Council President Frank Perri said it’s important that the governing body have the advantage and not the nonprofit.
The lease also calls for the city to maintain insurance coverage until the area is fenced and opened as a dog park. Perri said he wants the nonprofit to have insurance from the first day, calling it standard operating procedure.
Councilman Greg Dewees, who is in charge of buildings and grounds, said the Parks and Recreation Advisory Board is opposed to creating the dog park in that location. They believe it’s too close to the playground and needs a buffer zone between the path from the parking area to the dog park.
Eileen Pantalena, president of the Parks and Recreation Advisory Board, said everyone on the board voted against the park being located in Birch Grove.
“I am against it and I really think everyone in town should vote no,” she said.
Councilwoman Barbara Madden asked how long Egg Harbor Township’s dog park has been open and whether there have been any incidents there.
Korngut said there have been three incidents over the five years it has been open.
The advisory board also is concerned about the environmental impact of dog waste.
Canesi suggested language be put in the ordinance stipulating that if the dog park defaults, the nonprofit would be on the hook for any costs to restore the property to its original condition.
Most of the members of the public present and online were there to address the dog park.
Paul McSorley, of Dolphin Avenue, asked if it were really necessary given that EHT has a dog park not too far away. He suggested the issue go to a vote of the public.
John Rickert was also concerned about pollution associated with runoff into the waterways and urged the city to seek permits and approvals from the Department of Environmental Protection.
He would like to see a method to control dog waste and runoff.
The bacteria from dog waste is different than goose feces because dogs’ diets would contaminate the water, he said, adding that many people like to fish there. He asked if the water would be tested.
“Dog waste, according to the EPA website, does create more lines of bacterias in water and dirt and also creates algae blooms. Algae kills fish and I don’t think the Fish and Wildlife people would appreciate that,” he said, adding that he is not against the city having a dog park in a different location.
Bill Garry, husband of City Council candidate Alicia Garry, of St. James Place, said he is not against having a dog park as much as he is against dogs being in Birch Grove Park. He said he doesn’t like that people take their dogs there now.
“There is a reason there is an ordinance that no dogs are allowed. People go there to exercise, kids go there and burn off energy. People go there to relax. Do you want to hear a bunch of barking dogs? With kids running around kind of crazy, dogs get excited, because that’s what they do, there could be a problem,” he said.
He also suggested a public referendum on the issue.
Tammy Rickert of Fuae Avenue said she is worried about dogs getting out and attacking a child.
“Who’s to say somebody doesn’t lose control of their dog? Dogs can get aggressive,” she said, noting that she had been attacked by a dog. “I would hate to see a child get attacked. I think it is a family spot, meant for families, and that people should have a say. We pay taxes here.”
Alyson Bakley, a member of the nonprofit board, said plans for the park move it 50 feet farther away from the playground where it cannot be seen.
Bakley said dogs would be on leashes except when in the fenced enclosure and she doesn’t see attacks as an issue. She suggested an age restriction for handlers. Bakley proposed holding a public meeting where everyone’s concerns could be addressed in person.
Melanie Brozosky, another member of the dog park committee, said people with concerns should get involved and share their ideas.
She played down fears of dog attacks, saying it’s “not a mountain lion park” and the “fear is not justified.”
In other business, the city awarded a $149,400 contract to Levy Construction Co. of Audubon to install Americans with Disability Act-compliant ramps, stairs and a canopy at City Hall, as well as a $15,000 contract for engineering fees to Schaeffer, Nassar, Scheidegg Consulting Engineers.
Arawak Paving won the contract for paving the City Hall lot, as well as the lot at the Otto Bruynes Public Library for $121,700.
The city also is applying for a $113,963 Local Government Emergency Fund grant for COVID-19 relief. Canesi said the city was excluded from CARES Act funding but now can get at least that much.