January 12, 2012
Fur flies over kennel issue
The Journal-Register
LOCKPORT — The fur’s flying this week as an animal rescue volunteer fends off
an alderman’s accusations she’s keeping a “kennel” on Lincoln Drive — and the
alderman defends his decision to photograph the inside of her home without her
knowledge or permission.
Bobbie Mael, owner of 28 Lincoln Drive, is going on the offensive against 4th Ward Alderman Patrick Schrader and other city officials, whom she says are trying to “harass” her into letting go of cats and dogs in her care.
Mael and her alderman have long had an adverse relationship. Schrader makes no bones about his feeling that Mael, the founder of an area foster-care network for homeless dogs and cats, imports too many animals into the neighborhood. He claims Mael’s neighbors on Lincoln Drive, and on Willow Street where she’s lived for years, have longstanding gripes about odors, noise and animals on the loose. She doubts that’s true, considering her property lots are large and relatively distant from neighbors.
Simmering tension turned to a boil this past Saturday, when Schrader confronted Mael with photographs purporting to show the living room floor of 28 Lincoln Drive dirtied by litter and feces. Schrader took the photographs himself, by standing outside the house and pointing his cell phone camera in through a window. Mael was not present when he did that.
“This is a total invasion of my privacy,” she said this week. “My attorney suggested I could pursue a trespassing complaint.”
Asked about the pictures Thursday, Schrader admitted he shouldn’t have taken them — “I found out I’m not supposed to do that,” he said sheepishly — but asserted the images help demonstrate Mael is keeping too many animals. He claims Mael “told me, twice, that she’s got 40 cats in that house.”
Schrader obviously wasn’t listening too closely, Mael told the US&J. Her foster-care network, the Eastern Niagara Animal Welfare Alliance, may have 40 or so cats in various foster homes, but they’re not all living at her Lincoln Drive property, she said.
Legally, how many cats are kept at any property is irrelevant. According to City Attorney John Ottaviano, the state does not regulate cats as it does dogs; and therefore the city does not have authority to regulate cats, their number in any place or their care.
Things got worse after Schrader showed Mael his pictures. Mael ended up in a loud argument with Mayor Michael Tucker at City Hall on Monday, and she got wind of possible moves by the building inspection department regarding her Lincoln Drive property.
First Ward Alderman John Lombardi III, an advisory member of the ENAWA board of directors, said he was alarmed when he heard about Schrader’s picture-taking, and Schrader’s subsequent vow to press for a local law preventing boarding of multiple dogs and/or cats in city dwellings. He thought he could defuse the situation by helping Mael land space somewhere in the city to use as a shelter.
In the wake of the euthanasia allegations currently rocking the SPCA of Niagara, Mael said ENAWA is moving to acquire land in Wrights Corners early this year and, by fundraising, will build a no-kill shelter. Lombardi suggested Mael talk to Tucker about ENAWA turning an unused building in Outwater Park into a temporary shelter while the permanent one is raised.
The Monday meeting between Mael and Tucker didn’t go well at all, they agreed in separate interviews. Tucker turned down Mael’s request to use an Outwater building — it’s not legal, he said — and he confronted her about use of the Lincoln Drive house as an illegal “shelter.” Mael says Tucker repeated Schrader’s false allegation that she’s keeping 40 cats in the house and told her “you can’t do that.”
According to Chief Building Inspector Jason Dool, zoning law defines a shelter or “kennel” as a facility harboring three or more dogs temporarily. Kennels are not allowed in residential zones.
On Thursday, Dool disclosed that he has sent Mael a letter informing her she’s violating zoning law by maintaining a kennel on Lincoln Drive. The letter also states there may be a “sanitary” issue at the house — odor — and advises Mael that she has up to three weeks to correct the problems. Dool said that means the city wants her to “clean up and do something with the animals.”
Mael, who as of mid-Thursday had not had received the letter, already anticipated something was coming down the pike. At her invitation, she said, Niagara County Environmental Health Director James Devald visited 28 Lincoln Drive to inspect the house and animals in her care and write a report on his findings. Devald could not be reached to comment Thursday on the inspection, which Mael asserted she and the animals passed with flying colors.
“There are no issues with cleanliness, odor, the animals, anything,” Mael said. “There are no violations.”
From the city’s perspective, the “kennel” question turns on whether Mael is residing at 28 Lincoln Drive. Dool said he believes she does not, adding that his office “investigated” the property over a two-week period this past November, after a complaint from former 4th Ward Alderman Andrew Chapman, to see whether Mael was living there.
Mael insists she splits her residency between the two houses she owns on Willow and Lincoln Drive, and keeps clothing, furniture, dishes, food and other key elements of home at each. Four dogs that accompany her between houses are hers and are registered/licensed that way, Mael said; there’s no law stating she can’t keep four dogs as her pets — and, again, there’s no law regulating the maintenance of cats, period.
Schrader said he started asking questions about Mael’s Lincoln Drive house after receiving an odor complaint from “a neighbor.” He declined to say who the complainant was — and hastened to add Mael’s neighbors on Willow Street also complain about animals being kept there, “but only amongst themselves; they don’t want to stir the pot and take things any further.”
Dool said 28 Lincoln Drive has generated three complaints that he can recall: One from Chapman, who also said he’d taken calls from one or more constituents; Schrader; and someone in the neighborhood who called the department and spoke with an office aide.
Bobbie Mael, owner of 28 Lincoln Drive, is going on the offensive against 4th Ward Alderman Patrick Schrader and other city officials, whom she says are trying to “harass” her into letting go of cats and dogs in her care.
Mael and her alderman have long had an adverse relationship. Schrader makes no bones about his feeling that Mael, the founder of an area foster-care network for homeless dogs and cats, imports too many animals into the neighborhood. He claims Mael’s neighbors on Lincoln Drive, and on Willow Street where she’s lived for years, have longstanding gripes about odors, noise and animals on the loose. She doubts that’s true, considering her property lots are large and relatively distant from neighbors.
Simmering tension turned to a boil this past Saturday, when Schrader confronted Mael with photographs purporting to show the living room floor of 28 Lincoln Drive dirtied by litter and feces. Schrader took the photographs himself, by standing outside the house and pointing his cell phone camera in through a window. Mael was not present when he did that.
“This is a total invasion of my privacy,” she said this week. “My attorney suggested I could pursue a trespassing complaint.”
Asked about the pictures Thursday, Schrader admitted he shouldn’t have taken them — “I found out I’m not supposed to do that,” he said sheepishly — but asserted the images help demonstrate Mael is keeping too many animals. He claims Mael “told me, twice, that she’s got 40 cats in that house.”
Schrader obviously wasn’t listening too closely, Mael told the US&J. Her foster-care network, the Eastern Niagara Animal Welfare Alliance, may have 40 or so cats in various foster homes, but they’re not all living at her Lincoln Drive property, she said.
Legally, how many cats are kept at any property is irrelevant. According to City Attorney John Ottaviano, the state does not regulate cats as it does dogs; and therefore the city does not have authority to regulate cats, their number in any place or their care.
Things got worse after Schrader showed Mael his pictures. Mael ended up in a loud argument with Mayor Michael Tucker at City Hall on Monday, and she got wind of possible moves by the building inspection department regarding her Lincoln Drive property.
First Ward Alderman John Lombardi III, an advisory member of the ENAWA board of directors, said he was alarmed when he heard about Schrader’s picture-taking, and Schrader’s subsequent vow to press for a local law preventing boarding of multiple dogs and/or cats in city dwellings. He thought he could defuse the situation by helping Mael land space somewhere in the city to use as a shelter.
In the wake of the euthanasia allegations currently rocking the SPCA of Niagara, Mael said ENAWA is moving to acquire land in Wrights Corners early this year and, by fundraising, will build a no-kill shelter. Lombardi suggested Mael talk to Tucker about ENAWA turning an unused building in Outwater Park into a temporary shelter while the permanent one is raised.
The Monday meeting between Mael and Tucker didn’t go well at all, they agreed in separate interviews. Tucker turned down Mael’s request to use an Outwater building — it’s not legal, he said — and he confronted her about use of the Lincoln Drive house as an illegal “shelter.” Mael says Tucker repeated Schrader’s false allegation that she’s keeping 40 cats in the house and told her “you can’t do that.”
According to Chief Building Inspector Jason Dool, zoning law defines a shelter or “kennel” as a facility harboring three or more dogs temporarily. Kennels are not allowed in residential zones.
On Thursday, Dool disclosed that he has sent Mael a letter informing her she’s violating zoning law by maintaining a kennel on Lincoln Drive. The letter also states there may be a “sanitary” issue at the house — odor — and advises Mael that she has up to three weeks to correct the problems. Dool said that means the city wants her to “clean up and do something with the animals.”
Mael, who as of mid-Thursday had not had received the letter, already anticipated something was coming down the pike. At her invitation, she said, Niagara County Environmental Health Director James Devald visited 28 Lincoln Drive to inspect the house and animals in her care and write a report on his findings. Devald could not be reached to comment Thursday on the inspection, which Mael asserted she and the animals passed with flying colors.
“There are no issues with cleanliness, odor, the animals, anything,” Mael said. “There are no violations.”
From the city’s perspective, the “kennel” question turns on whether Mael is residing at 28 Lincoln Drive. Dool said he believes she does not, adding that his office “investigated” the property over a two-week period this past November, after a complaint from former 4th Ward Alderman Andrew Chapman, to see whether Mael was living there.
Mael insists she splits her residency between the two houses she owns on Willow and Lincoln Drive, and keeps clothing, furniture, dishes, food and other key elements of home at each. Four dogs that accompany her between houses are hers and are registered/licensed that way, Mael said; there’s no law stating she can’t keep four dogs as her pets — and, again, there’s no law regulating the maintenance of cats, period.
Schrader said he started asking questions about Mael’s Lincoln Drive house after receiving an odor complaint from “a neighbor.” He declined to say who the complainant was — and hastened to add Mael’s neighbors on Willow Street also complain about animals being kept there, “but only amongst themselves; they don’t want to stir the pot and take things any further.”
Dool said 28 Lincoln Drive has generated three complaints that he can recall: One from Chapman, who also said he’d taken calls from one or more constituents; Schrader; and someone in the neighborhood who called the department and spoke with an office aide.
Amid SPCA talk, city to investigate cat allegations
By Thomas J. Prohaska
Updated: January 12, 2012, 7:59 AM
LOCKPORT—Corporation Counsel John J. Ottaviano told the Lockport Common Council on Wednesday that he has asked building inspectors to look into reports that a resident has an unusually large number of cats.
However, Ottaviano said state law specifically bars localities from regulating the number of cats a person may have in his or her home. Only the number of dogs may be limited.
Alderman Patrick W. Schrader, D- 4th Ward, said he checked out a report that a Willow Street woman has about 40 cats.
Schrader wanted to discuss the matter in executive session, but Mayor Michael W. Tucker said that would be inappropriate.
The issue came up during discussion of the troubles at the SPCA of Niagara, with which the city has a contract to house stray animals.
Ottaviano said the contract should be honored unless the current investigation of the SPCA discloses conduct that breaches the contract.
Tucker said he’s heard the probe is likely to last two weeks.
tprohaska@buffnews.com
Apparent animal shelter brings Lockport warning
News Staff Reports
Updated: January 13, 2012, 6:40 AM
However, Ottaviano said state law specifically bars localities from regulating the number of cats a person may have in his or her home. Only the number of dogs may be limited.
Alderman Patrick W. Schrader, D- 4th Ward, said he checked out a report that a Willow Street woman has about 40 cats.
Schrader wanted to discuss the matter in executive session, but Mayor Michael W. Tucker said that would be inappropriate.
The issue came up during discussion of the troubles at the SPCA of Niagara, with which the city has a contract to house stray animals.
Ottaviano said the contract should be honored unless the current investigation of the SPCA discloses conduct that breaches the contract.
Tucker said he’s heard the probe is likely to last two weeks.
tprohaska@buffnews.com
Apparent animal shelter brings Lockport warning
News Staff Reports
Updated: January 13, 2012, 6:40 AM
LOCKPORT—Chief Building Inspector Jason Dool said Thursday a letter has been sent to a Willow Street woman, warning her that she is violating the city zoning ordinance by operating what appears to be an animal shelter in a house she owns at 28 Lincoln Drive.
Bobbie L. Mael, whose Eastern Niagara Animal Welfare Alliance sought unsuccessfully to outbid the SPCA of Niagara in 2009 for animal control contracts in the City and Town of Lockport, could run a shelter in the city, but not in a residential area, Dool said.
The Lincoln Drive house is in a single- family zone. Dool said an animal shelter would be permitted in an industrial zone or inaB-3 business zone. Mael did not return a call seeking comment.
Dool said Mael needs to show steady progress in reducing the number of dogs and cats in the house in order to stay out of court. Dool said he couldn’t tell through the window how many animals there were. Alderman Patrick W. Schrader said after Wednesday’s Common Council meeting that he thought there were about 40 cats.
Yep, that's our hometown hero, less than one month back in office and the power goes right back to his head. Now, what I find very interesting is the fact that neither the Common Council, nor the Mayor, nor the City Attorney have admonished Alderman Schrader for a clear violation of the law.
So, let's get this straight; it's not okay, although it is legal, to secretly record government meetings where there is no expectation of privacy; but it is okay, although not legal, to go on someone's porch and take pictures of the interior of their home without their knowledge or permission where there is definitely an expectation of privacy. Sure sounds like a Tucker 'Utopia' to me!
Bobbie L. Mael, whose Eastern Niagara Animal Welfare Alliance sought unsuccessfully to outbid the SPCA of Niagara in 2009 for animal control contracts in the City and Town of Lockport, could run a shelter in the city, but not in a residential area, Dool said.
The Lincoln Drive house is in a single- family zone. Dool said an animal shelter would be permitted in an industrial zone or inaB-3 business zone. Mael did not return a call seeking comment.
Dool said Mael needs to show steady progress in reducing the number of dogs and cats in the house in order to stay out of court. Dool said he couldn’t tell through the window how many animals there were. Alderman Patrick W. Schrader said after Wednesday’s Common Council meeting that he thought there were about 40 cats.
Yep, that's our hometown hero, less than one month back in office and the power goes right back to his head. Now, what I find very interesting is the fact that neither the Common Council, nor the Mayor, nor the City Attorney have admonished Alderman Schrader for a clear violation of the law.
So, let's get this straight; it's not okay, although it is legal, to secretly record government meetings where there is no expectation of privacy; but it is okay, although not legal, to go on someone's porch and take pictures of the interior of their home without their knowledge or permission where there is definitely an expectation of privacy. Sure sounds like a Tucker 'Utopia' to me!
Hypocracy reigns in Lockport!
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