Restaino pressing forward with Hyde Park dog shelter plan

May 8—The City of Niagara Falls is in the process of establishing a new shelter for stray dogs at Hyde Park.

Mayor Robert Restaino, whose administration is actively pursuing the project amid criticism from some who say it's a flawed idea, defended the plan in an interview with the newspaper last week as the best way forward for the city as it attempts to maintain a vital service amid limited options.

"I think the most comfortable place the city can be in is to own the facility and then put out a (request for proposals) for an operator, much like we do in a lot of different instances and that will be the process once the facility is in place and as we transition to that facility," Restaino said.

Under Restaino's proposal, the new shelter is being developed inside a building near the Hyde Park Ice Pavilion that has been used for housing Department of Public Works and Parks personnel and equipment. Prior to considering the space for the creation of a dog shelter, Restaino said it was his administration's intention to start moving DPW and parks employees to a much more centralized location and the move out of that building for both departments fits that goal.

Restaino believes establishing an animal shelter at Hyde Park would prevent the city from dealing with some of the same issues it faced last year when it struggled to find a replacement provider after the SPCA of Niagara declined to extend an agreement with the city to take care of stray dogs.

Long-term, Restaino said he believes it will be better for the Falls to have a shelter of its own that is run by a private operator rather than having to rely on the use of facilities owned by private entities like the SPCA.

"If a private property owner decides to shift from the way in which they are going to use their building, we're back scrambling as opposed to the city having ownership of the physical plant and then obtaining the services of an operator and then having that operator be responsible so that, if that operator isn't performing, then we don't lose the opportunity to have the facility, we just have to change operators," he said.

Critics have questioned locating the shelter in Hyde Park, a place frequently visited by families and children.

Restaino said the goal is to design a space that protects both animals and visitors. He said the administration intends to use fencing, landscaping and other means to help insulate the site. He said the facility is being developed in keeping with new state shelter regulations, including those that require additional space and outdoor access for each dog kept at a shelter. The state's new requirements, regulated by the New York State Department of Agricultural and Markets, go into effect next year.

"I think the way we will construct this is to make sure that it is both safe for the animals as well as safe for children and safe for families," he said. "It's really going to be designed with an understanding of what the future (agriculture) and markets regulations for shelters require."

Critics have also questioned the potential impact on dogs housed in a shelter at the park on one day, in particular, the Fourth of July. The city traditionally holds its annual Independence Day fireworks celebration at Hyde Park, a situation Restaino acknowledged his administration needs to address. He did not offer specifics on how it intends to do so.

"It's an issue we're going to have to tackle," he said. "We're going to figure out how we do that. We will have other options. We know we have to address that."

The move to establish a city-owned shelter comes as the administration and city council continue to face questions about the city's existing agreement with its current provider, The Pit Chic on Grand Island.

Last September, a majority of city lawmakers agreed to enter into a 16-month contract with a base rate of $20,270 per month with The Pit Chic without soliciting proposals from other potential vendors first.

At the time, the administration argued that the city needed to award the contract without a bid because it was facing an emergency because it did not have a provider in place as of last August.

General municipal law allows local governments to award contracts without bids under limited circumstances, including in instances where a service is needed amid an emergency.

Critics have noted that the city first learned in 2022 that the SPCA intended to get out of the dog sheltering business. They also note that the city, and Restaino himself, had been involved in negotiations with The Pit Chic months before the September council vote. The Pit Chic's owner, Kelly Swagel, told officials on Grand Island last February that she was in negotiations with officials in the Falls to become the city's preferred animal shelter operator.

Restaino said the city did attempt to identify other potential providers, however, with the SPCA no longer available, The Pit Chic represented the best local option in an area where there were no other viable shelter operators that fit the city's needs.

"It was the opportunity that was offered to us that seemed to fulfill the need that we had and we moved forward with it so that we could provide the service," he said.

Restaino said the administration does intend to issue a public request for proposals for an operator for the Hyde Park shelter once it is completed. He said he expects The Pit Chic would be among those invited to submit a proposal.

"At that point, we will already have a safety net," he said. "The current provider provides us with the service and would have the opportunity to submit a proposal along with anyone else who wants to submit a proposal and it would be reviewed like any other operator-based facility we have."

In the meantime, Restaino's administration and members of the city council are continuing to face at times blistering criticism over the city's continuing working relationship with The Pit Chic.

At the opening of the April 24 council meeting, Chairman Jim Perry read a statement in which he admonished two Pit Chic critics for what he described as their unruly behavior. Perry informed them he was suspending their public speaking privileges on non-agenda items during council meetings until at least June 4.

Perry said the move, which targeted Falls real estate agent Tanya Barone and Buffalo recycling center owner Janine Gallo, was made to cut down on the "circus-like" behavior exhibited by some individuals attending council meetings. Perry suggested both women, who have in recent months used council meetings to air concerns about the operation of the Grand Island facility, could be "charged with interfering" with "administrative duties" if their conduct does not improve.

Reached by telephone on Tuesday, Barone said she intends to attend Wednesday's council meeting and will sign up to speak and see what happens. She said she has not yet received a response to her email to city officials requesting, in writing, copies of policies or rules that allow the council chairman to impose such a punishment. She said she has also not been contacted either by telephone or in-person by Perry or any other council members since the last council meeting.

"It's aggravating to feel that they can silence people because they don't like what they are saying or the topics they are discussing," she said. "I feel all residents should have their chance to voice concerns, grievances, and suggestions. To me, it's all part of the good for the community. It all benefits the community. If what residents are complaining about is silenced in private meetings, how will the community be aware of the problem?"

At one point last year, Gallo was in talks with Swagel about buying space to develop a new animal shelter in Niagara County. Gallo has denied that her interest in the matter is related to obtaining the city's shelter agreement for herself, saying her concerns are solely related to how the city's stray dogs are currently being treated.

Barone, Gallo, former Falls Councilman Vincent Cauley and one of Gallo's associates, Nicole Dyer, have expressed concerns that the facility is not being managed under the terms of the city's contract. While the contract says the shelter is not operating under the terms of the contract, which says it must be open "to the visiting public" from 10 a.m. to 4 p.m., Monday through Thursday, and from 9 a.m. to 1 p.m. on Saturdays.

Restaino said city officials have not had issues gaining access to the site.

"The people from here who have gone there, both council members and the staff that deals with the shelter, have not seemed to have had that problem," Restaino said. "At least it hasn't been reported to me that that problem exists."

Restaino said other concerns raised about conditions inside the shelter and treatment of dogs under The Pit Chic's care have been reviewed by the state's lead animal shelter regulatory agency, the New York State Department of Agriculture and Markets, which he said has deemed those concerns to be unfounded.

"We have been in conversations with the agriculture and markets division," Restaino said. "They've done the necessary inspections and investigations over there based upon whatever concerns have been raised to them. Her facility has, in the last few reports, consistently been satisfactory so we've made no other inquiry."

Swagel has described criticism of her shelter as "personal" in nature and has said that she is operating under the terms of her contract with the city and in keeping with state shelter regulations. She recently declined a request from the newspaper to meet with her or her attorney, saying: "We believe it is in the best interest for the dogs in our care to stay on path with our mission while we continue to provide outstanding and life-changing services for the dogs and their families within our communities."