batavia

Not too long ago, a young Genesee County mother beat her 18-month-old child with a belt for what most of us would consider a typical toddler's action.

Ed Minardo, director of Genesee Justice, was recently injured while attempting to break up a fight between two high school girls -- both cheered on by nine other youths -- outside of one of Genesee Justice's satellite offices.

In November 2005, Lisa and Bill Fickel were settling in for a typical Thursday night at their Oakfield home, when suddenly a truck pulled into their driveway; the driver then pulled out and parked across the street. Thinking that perhaps this person was interested in buying their van (which Lisa said they were trying to sell at that time), Bill went outside to meet him/her.

After a while, Lisa realized she had waited an awful long time for him to come back. She hadn't heard any conversation outside the whole time -- just the sound of the truck backfiring. Impatient to have her husband back inside so that they could watch "Survivor," she stepped out into the night...and found that the truck was gone.

She saw Bill's flashlight lying on the ground -- which was unusual, because Bill was always very careful with his tools and such. Then, out of the corner of her eye, she caught something lying on the side of the road. She looked closer, and saw that it was Bill.

At that moment, she knew that the noise she had mistaken for the sound of the truck backfiring was the gunshot that killed her husband.

Yes, Genesee County is better off than other places -- particularly urban communities -- when it comes to community violence; but clearly, violence is a very real and pressing concern for Batavia and the surrounding area.

A newly formed "Coalition," which has not yet chosen a formal name, has resolved to address and rectify this problem. The Coalition's members include:

William Privett, the regional coordinator for the international Catholic peace movement Pax Christi.

Left to right: Captain Robert Kurtz of the Salvation Army, Fickel (who is GCASA's Drug Free Communities coordinator) and Minardo.

Jackson Elementary School Principal Shawn Clark, Batavia High School Assistant Principal Julia Rogers, and Genesee County District Attorney Lawrence Friedman.

The Coalition held its first community forum last night at the Batavia YWCA. Privett started by identifying the group's mission, which is to develop and implement their shared vision of Genesee County being the first explicitly nonviolent -- "peaceful" -- community in the U.S.

"We're not naive, though," Privett said.

To prove this point, he proceeded to read the State Division of Criminal Justice Services' statistics on the county.

In 2008, the county had:

• 113 violent crimes

• 1,329 property crimes

• 14 robberies

• 1,031 larcenies

• 43 stolen vehicles

In addition, reports from the YWCA indicated 751 cases of domestic violence and sexual assaults in 2009.

"Each of these incidents represents a person, a story," Minardo said. "Sooner or later we have to ask ourselves, 'How dare we not get involved in this?'"

The type of involvement the Coalition calls for is not the kind of pedantic finger-wagging you might think of. One of their objectives is to reach out compassionately to both the victims and the perpetrators of violence.

During the question-and-answer session, an attendee stressed the importance of support systems for stressed parents and others who might be at risk for violent behavior instead of "targeting" them as enemies. This is one example of the type of outreach the Coalition wants to adopt and inspire.

Another is, in Minardo's words, to "develop a clearer image of what it means to be a nonviolent community.

"This takes the ability to navigate through the complexities of conflict, and to understand and respect people who commit acts of violence," Minardo said.

The Coalition understands "acts of violence" to be a broadly inclusive term. Privett offered the following definition of violence (in roughly these words): "Any physical, emotional, verbal, sexual, institutional/structural, or spiritual action that violates the dignity and value of others."

In his testimony, Captain Kurtz talked about how he literally "poured violence down (his) throat and put it up (his) nose" during his days as an alcoholic and a drug addict. He considers his alcohol and drug usages to have been acts of violence toward himself, and his journey of recovery has motivated him to help perpetrators and victims alike.

Of major importance to the Coalition is early intervention -- that is, targeting thinking patterns and influences that lead to violence and nipping the problem in the bud.

As school administrators, Clark and Rogers are especially privileged in that regard. Both have been involved in implementing programs to promote positive behavior in a generation of children who, in Clark's words, "are exposed now more than ever to violence in the media, and just in general."

One tool that Rogers and Clark have found useful is V.A.D.I.R. -- Violent and Disruptive Incident Reports -- which keeps track of different types of violence in the schools. In Batavia, V.A.D.I.R. data has pointed to certain commonalities in each school building. These form the starting point for administrative interventions.

"I believe that if we address the little things, the big things will take care of themselves," said Clark, who started serving as principal at Jackson last year.

He has spent most of his career working with underprivileged children in the Rochester schools, and has worked closely with students, teachers and parents on topics such as gang awareness, bullying, etc.

"What I find," Clark said, "is that a small group of children are bullies, a small group of children are the victims of bullies, and then the majority are kids who want to help the victims of bullying but don't quite know how. The problem is that empathy drops over time, so we really have to get to them early."

One of the interventions Clark has implemented in the past year is the Peaceful School Bus Program. Jackson has the largest population of bus riders in the Batavia City School District, and last year Clark received 120 referrals for problems that occurred on the bus. This new program for students, teachers and bus drivers has helped the children learn how to help each other and solve problems they may encounter on the bus.

"It's had a huge impact," Clark said. "I've only had 52 referrals for bus incidents, which is less than half what I had last year."

Rogers, who has also worked closely with faculty, staff, families and students on promoting positive behavior, talked about the challenge that modern technology presents in this area.

"When I was in school, we used to pass notes," she said. "Now you have kids texting each other and communicating on online sites. They can badmouth their schoolmates on these sites, and the kids they're talking about will have no knowledge of what they're saying about them. So parents really need to be monitoring what their kids are doing on the computer."

Privett echoed Rogers' call for parent involvement in his invitation to the whole community, including schools, churches, nonprofit organizations and ordinary citizens. Likewise, Minardo stressed that the coalition is about getting involved with the problem of violence at all age levels and at every stage of its progression -- whether prevention, response, or otherwise.

"The schools can't do it alone," said Privett. "We all need to make this of the highest priority. Otherwise, what will things be like 10 years from now?"

This is actually the reason the Coalition did not give itself an official name. They wanted to wait for people to join them, so that the public could help to determine their mission and their title.

The Coalition's next meeting will be held at 4 p.m. on May 10 at the First Presbyterian Church, 300 E. Main St. in Batavia. Please call William Privett at 599-3366, or e-mail <wprivett.paxchristi@gmail.com>, for more information.

Yelps of joy and the whiff of popcorn and cotton candy will radiate from Jackson Street starting at 6 p.m. today as the annual Downtown Batavia Spring Carnival opens.

The carnival runs today and tomorrow from 6 to 10 p.m. and Saturday from 1 to 10 p.m.  and Sunday 1 to 5 p.m.

Bring the whole family, have some fun and visit some of the great downtown shops and restaurants.

Students, faculty and staff of Batavia High gathered in the auditorium Wednesday night to show what they could do entertainment-wise to an appreciative and enthusiastic audience.

Here are a few photos of some of the performers.

More photos after the jump:

The exact words may not have been spoken, but the message was clear for Town of Batavia residents Wednesday evening: Get on public water.

No matter how much you like your well water, there's no way to guarantee it will remain safe.

"We want to be sure people understand that those are three tests and those are three bad contaminates (e-coli, coliform and nitrates), but there is a concern you should have on other items possibly getting in (your water)," said town engineer Steve Mountain.

The tests for e-coli, coliform and nitrates are quick and easy, but Mountain's message was, if those containments can reach well water, so can other contaminates.

Once a well is shown to be susceptible to contamination from surface water -- which the tests for those three substances prove -- then the well should really be considered unsafe.

Tests of wells around the town found that containments from manure as well as human waste is getting into the ground water, and when members of the 100-person audience at Wednesday's meeting wanted information on how to trace the source to agriculture, Town Supervisor Greg Post suggested, gently, they were looking in the wrong direction.

“If there’s a blend of both (human and agricutlure), it really doesn’t matter," Post said. "The water’s not safe.”

Of the 38 wells tested in the Bank Street Road, State Street Road, Batavia-Elba Townline Road area, 14 tested positive for bacteria and 11 of 13 tested positive for unsafe levels of nitrates.

In the rest of the town, 11 of 52 tested positive for bacteria and 28 of 47 for nitrates.

The results show that Town of Batavia wells are susceptible to contamination from surface water.

Illustrating the point from the audience Wednesday night was Harlo Towner, a Batavia-Elba Townline Road resident who said his well water is completely unusable. He showers at the YMCA or his daughter's house in West Batavia, and when he comes in from gardening, he goes through a regime of anti-bacterial hand washing.

It's been that way for years.

He blames, in part, pesticide planes from the airport.

He said growing up his daughters had stomach problems and rashes that went away when they left for college.

For the past five years, he's been battling cancer. He doesn't think it's a coincidence.

"It's a really bad situation," he said. "We really need water bad. I think everybody on the road signed up for it."

Part of tonight's presentation included Mountain explaining how residents can get on public water, which consists of creating water districts.

There are grants available to help pay for the creation of water districts, but residents can expect to pay in the neighborhood of $700 per year for public water once a district is created, Mountain said.

Photo: Towner is in the center of the picture.

Drive west on Route 5 and just after you pass Wortendyke Road, glance right -- a carpet of blue will capture your eye.

Dennis Wood, a watercolor artist and retired GCC instructor, lets his large piece of property bloom every year in forget-me-nots, the delicate little flower that grows in fields no taller than six inches.

The Wood residence has become well known for its yards full of little blue flowers.

Dennis said the previous owner, Jerry Wallace, who used the property as a base for his landscaping business, let the forget-me-nots start to cover the ground, and then Dennis's late wife Jane continued the spring tradition.

"I wait until they go to seed and then I mow, which spreads them even more," said Wood, who has lived on the property for 19 years.

He still teaches drawing classes at the INS station, which makes this his 45th year of teaching.

Photographers from all over the area head to the Wood place each spring, he said -- most ask permission to come on the property and take pictures, which he prefers, but he said he welcomes anybody who wants to enjoy the splendor in the grass.

A pair of Pembroke musicians, he said, had their picture taken last year in his yard for the cover of their CD.

The landscape has also proven popular with the Batavia Art Society, of which he's a member. He said he's been meaning to invite the local photography club to his garden, as well.

He told me I was actually a little early -- the full glory of the bloom, he said, probably won't be until about mid-May.

UMMC has rescinded visitor guidelines put in effect in October 2009, during the height of concern over H1N1, that banned children from visiting patients.

Starting yesterday, visitors over 14 are allowed to visit patients, with the exception of the Maternity Ward, where siblings of newborns are permited to visit with a responsible guardian.

The Hope Haven unit allows visitors of all ages.

Only two visitors per patient are allowed. Visiting hours are 9 a.m. to 9 p.m.

Full press release after the jump:

United Memorial instituted new visitor guidelines on Tuesday, April 27, 2010. Restricted visitor guidelines were issued in October 2009 based on the threat of the H1N1 virus.

The new guidelines rescind the ban on visitors under the age of 18 to the facility. The hospital’s current policy allows visitors over the age of 14 with the exception of Maternity, where siblings of newborns are permitted to visit with a responsible guardian. The Hope Haven unit allows visitors from all age groups when appropriate.

Only two visitors per patient are allowed at any one time. Visiting hours are from 9 am to 9 pm for most medical/surgical units. Visiting hours for Maternity are from 1 pm to 8:30 pm (significant others allowed at all times) and the Intensive Care Unit’s are from 9 am to 8 pm. Exceptions to the general visitors’ policy are made for the Hope Haven, Emergency, and Hospice/Comfort Care units and at the discretion of the attending physician when deemed appropriate by a patient’s condition.

Patients look forward to visitors and those visits are an important part of recovery. Rest is also a vital component of treatment, and it is the responsibility of the hospital to regulate visiting hours so as not to interfere with healing. 

United Memorial requests that all visitors cooperate in promoting the comfort and well-being of patients by trying to keep visits brief, using quiet tones, and not disturbing others. Any person with a cold, sore throat or other transmissible illness should not visit patients. Visitors under the age of 14 will be screened for illness and a log of their visit will be kept. Visitors over the age of 14 will be visually screened for illness by hospital staff and may be asked to use appropriate protective measures if necessary. If visiting patients who are on “isolation,” guests will be instructed by the nursing staff in proper protective guidelines.

All visitors are encouraged to wash their hands before and after visiting any patient.

Infection prevention is a priority at United Memorial, and as a result, we have one of the lowest infection rates among Western New York hospitals. Questions regarding changes to the visitors guidelines may be addressed by the Infection Prevention Department, Nursing Supervisors, or Community Relations Department.

I've made several attempts at getting a picture of the Tonawanda Creek rail bridge at sunset. This evening, when I got there, I thought at first maybe I got there a few minutes too late. But this is probably my favorite so far (and don't be surprised if I post more of this subject if I like what I get in the future).

Remember the two Town of Batavia employees we found at Main and Ellicott one day last week counting cars?

A few days later, I ran into Town of Batavia Supervisor Greg Post and he explained to me why what they were doing was so important.

The town wants to make sure the state is working with up-to-date, accurate data before making a decision to reduce Ellicott Street from two lanes in each direction to one, with a turn lane down the center.

Disrupting traffic flow on Ellicott, Post said, could significantly hurt four of the county's biggest employers -- Hanson Aggregates, Chapin Industries, Graham Manufacturing and O-AT-KA Milk Cooperative. 

All four rely on big trucks being able rumble down Ellicott and if it turned out that reducing the number of lanes on the street through both the city and town added minutes to each trip, that could add up to a truck load of money.

Post said most of those trucks cost about $75 to $85 per hour to operate, so a five-minute travel delay adds about $7.50 to the cost of moving product or material.

"Ultimately, somebody has to pay for that delay," Post said.

And it's not just the local businesses that rely on smooth sailing down Ellicott, a lot of Western New York truck traffic passes through Batavia on Route 63.

By making the effort to get an accurate count a multi-jurisdiction effort, Post said he hopes the Department of Transportation will have better data to work with.

"The state has had budget cutbacks just like everybody else," Post said, explaining why a multi-agency approach made sense.

There were counters from the DOT out at the same time as the town employees.

As for using human counters instead of automatic counters in rubber hoses laid across the roadway, Post said people can pay attention to where cars turn, not just that they passed over a certain spot. Also, since we're not out of snow season yet, the counting boxes could be easily damaged if plowers were put back into action. He said costwise, it doesn't make that much difference -- a lot of boxes would have needed to be placed on Main and Ellicott to get an accurate picture of traffic patterns.

"This is just an effort to find all the most accurate and up-to-date information possible," Post said. "This is a major project. We want to get it right. There's the old saying, 'measure twice, cut once.'"

The responsibility for maintenance of property in the City of Batavia -- landlords or tenants -- was a topic of discussion again on Monday night during the City Council meeting.

Councilman Bob Bialkowski raised issues brought up at a recent Neighborhood Improvement Committee meeting, when City Court Judge Robert Balbick paid the committee a visit.

Bialkowski wanted to know if enforcement actions were being taken against the right people, and whether some matters might be better turned over to the police.

City Attorney George Van Nest and City Manager Jason Molino said most of the matters that reach a court hearing stage are targeted at the right people -- the landlords -- because they are "brick and mortar" issues.

Molino said 25 of the last 28 court cases the city has prosecuted have been for such structural issues as peeling paint, rain gutters, fire damage and roofs.

"That's something we to focus on," Van Nest said.

Now that summer is rolling around, there will be more attention paid to debris issues, Molino said, but letters will be sent to both tenants and landlords.

Molino said the city's efforts are paying dividends and that many landlords are working with the city to identify and address problems.

"The enforcement is happening, the compliance is happening, much faster than it has in the past," Molino said. "I think the system that we’re using, the accountability system, is really being followed."

Bialkowski said he would like to see city police and code enforcement work more closely with landlords on cases where a tenant has seemingly engaged in criminal conduct before vacating an apartment or house.

"The judge thought some of these might be taken up as a criminal matter because they are so malicious," Bialkowski said. "I remember a couple of yeas ago, a friend of mine did serve an eviction notice on a tenant and he showed me pictures of the aftermath – this was way beyond civil – they just basically destroyed this entire dwelling. We need to look at possibly some communication with the police and code enforcement on what is the best way to handle this."

Molino said the police will look at possible criminal matters, but building an actual criminal case can be difficult and, after the meeting, Chief Randy Baker agreed.

"We have a level of proof to meet before it’s a criminal matter," Baker said. "One is, was it intentionally done or recklessly done? Then it’s a matter of identifying who did the damage. We can’t always meet all those criteria, so sometimes we can’t file the criminal charges."

Molino also noted that keeping a property in compliance is also a landlord responsibility because it's the landlord who approved the tenant in the first place. He suggested that local landlords do a better job of communicating with each other about bad tenants.

"Some of the responsibility ultimately falls on the landlord in these cases to do their proper review, their proper screening on tenants and the history of tenants," Molino said.

A strongly worded resolution asking Albany to restrict where convicted sex offenders can live is the extent of the action the city can take on the issue, the Batavia City Council agreed last night.

The council, by unanimous consent, asked city staff to draft a resolution and bring it to the council's next conference meeting for discussion.

"To pass a law just to pass a law that we know won’t take effect, just seems like futile effort," Council President Marianne Clattenburg said.

City Attorney George Van Nest informed the council that state law preempts the council's ability to pass a local law restricting where Level 2 and Level 3 sex offenders can live. He said such a law would not likely withstand a court challenge.

While state laws do not specifically spell out where sex offenders can live relative to schools, playgrounds, churches and daycare centers, state law does give the power to parole and probation divisions to set restrictions on sex offenders, on a case-by-case basis.

The council's inability to pass a local law was disappointing to Councilwoman Rose Mary Christian, who has been pushing for passage of such a law since she started receiving complaints about a Level 3 sex offender living in her ward. She said she was ready to take the chance that a local law would get challenged.

"It's for our children," she said.

Clattenburg read a column from the Albany Times-Union that listed a number of legislative attempts to pass bills that more specifically restricted where Level 2 and Level 3 sex offenders can live, but all of the bills failed to get Assembly or Senate support.

"The failure of the state to act on these things -- and obviously there’s been enough interest in that all these things have been proposed and not acted on -- really has left municipalities such as ours with our hands tied," Clattenburg said.

Councilman Bill Cox first proposed a resolution be sent to Albany, and Councilman Bob Bialkowski made the point that not all sex offenders are pedophiles. He said it's up to parents, friends and neighbors to be on the look out for unusual behavior.

He noted that it isn't always possible to know when a convicted criminal from another state is in Batavia.

“We have to watch for strange people where they shouldn’t be," Bialkowski said. "That’s the bottom line.”

Photos: Top, Van Nest, right with City Manager Jason Molino; Inset, Rose Mary Christian.

An Elmira woman accused of killing a toddler from Batavia has been indicted by a Chemung County grand jury on a charge of murder, 2nd.

Melissa S. Englehardt, 24, is also charged with manslaughter, 1st.

Twenty-one-month old Andrew John Cianfrini died while allegedly in Englehardt's care. He was found dead Nov. 10, 2009.

Englehardt is his stepmother, and she allegedly slipped methanol into his drink cup, causing his death.

The grand jury indictment says Englehard showed "a grave indifference to human life" as part of the murder, 2nd count.

She remains in a Chemung County jail and her bail has been increased from $20,000 to $100,000.

Andrew lived with his mother, Kristen Cianfrini, in Batavia.

The child's father is George Englehardt.

There are times you can stand in the parking lot next to the vacant Latina's market and swear that you were on the film set of  The Birds. The screeching gulls seem to get louder and grow in number.

But rather than swoop down and pluck your eyes out, these feathered varmints are more likely to poop on your car.

And those droppings have area residents complaining once again, but to little avail. 

According to City Manager Jason Molino, there is no city ordinance that the property owner is violating by allowing gulls to nest on the Latina's roof.

When the city had a problem with gulls on top of City Hall, it got a DEC permit to remove the gull eggs. Once the gulls can't nest on a roof, they look for another nesting location.

Last year, we are told, the Latina's owners didn't do anything about the gulls.

Vito Gautieri is a co-owner of the building. He hasn't returned the call The Batavian placed to his office on Thursday.

Joshua Cordero McIver, 22, of 130 Third Ave., Apt. 18H, Brooklyn, is charged with criminal trespass, 3rd. McIver is accused of entering Pine Hall at College Village after being banned from the premises. He was jailed on $1,000 bail. Last week, McIver was arrested for allegedly trespassing at College Village. At the beginning of April, McIver was arrested for allegedly trespassing at College Village. In January, a Joshua C. McIver was arrested at College Village and charged with unlawful possession of marijuana.

Devonte Andreas Rolle, 18, of 136 Bank St., Batavia, is charged with aggravated harassment, 2nd, and harassment, 2nd. Rolle allegedly made a threatening phone call to a person. After the phone call, Rolle allegedly punched that same person in the face several times. Rolle was arrested by Deputy Frank Bordonaro on Haven Lane in the Town of Batavia at 6:40 p.m., Saturday.

Ryan David Wood, 18, of 6 Prospect Ave., Batavia, is charged with unlawful dealing with a child. Wood is accused of hosting an underage drinking party at 8219 Prole Road Extension, Stafford. He was arrested at 1:04 a.m., Saturday by Deputy Jason Saile.

Kyle Ramone Lewis, 23, of 253 Albermarle St., Rochester, is charged with aggravated unlicensed operation, 3rd. Lewis was turned over to the Genesee County Sheriff's Office by Erie County Correctional Dept. to answer charges out of the town of Batavia and Byron. Following arraignment in Byron, he was arraigned in Batavia. Byron Court set bail at $250 and Batavia set bail at $100.

Andrew John Rock, 23, of 7 Fisher Park, upper, is charged with criminal possession of a controlled substance, 7th, unlawful possession of marijuana, and controlled substance not in the original container. Rock was stopped by Deputy Patrick Reeves at 8:06 p.m., Friday, on Route 33, Stafford. Reeves found Rock allegedly in possession of hallucinogenic mushrooms, hydrocodone and marijuana.

Jacob Edmend Lamberston, 21, no permanent address, is accused of being a fugitive from justice. Lamberston was arrested by Le Roy Police after being found in an apartment by Sgt .Michael Hare, who was investigating an unrelated matter. A check of records found that Lamberston is allegedly wanted in Seminole, Fla., for a violation of probation.

Jesse Eric Reidel, 18, of 2605 Dodgeson Road, Alexander, is charged with burglary, 3rd. Reidel is accused of using force to enter the Oil Doctor, 4003 W. Main St. Road, Batavia, where he allegedly stole vehicle-inspection stickers. The alleged break-in occurred on Dec. 7 around 10 p.m.

Michael J. Walters, 49, of Lackawanna, is charged with DWI and driving with a BAC of .08 or greater. Walters was stopped by State Police at 9:46 p.m., Saturday, on Angling Road in Pembroke.

Lindsey L. Palmeri, 20, of Rochester, and Richard L. Jackson, 22, of Rochester, are both charged with unlawful possession of marijuana. Palmeri and Jackson were stopped by State Police on Route 77, Pembroke, at 4:05 p.m., Friday.

Accidents from the State Police blotter:

5:50 p.m., April 24, Sandpit Road, Alexander, one vehicle; Driver 1: Melissa Sachanowski, 26, of Alexander. No injuries reported.

10:59 a.m., April 23, Batavia-Oakfield Townline Road, Batavia, two vehicles: Driver 1: Aken V. Wariebi, 44, of Rochester; Driver 2: David M. Baran, 44, of Williamsville. One injury reported.

6:16 p.m., April 24, mile marker 401.5, eastbound Thruway, Pembroke, one vehicle; Driver 1: Thomas A. LaBelle, 41, of Wynanstkill. No injuries reported.

12:23 a.m., April 25, mile marker 384.4, westbound Thruway, Stafford, one vehicle; Driver 1: Mark A. Halla, 53, of Amherst.

Batavia Police have been notified that sometime in the next hour, National Grid will need to shut off the electricity at the intersection of Ross and East Main streets for an emergency repair.

A motor-vehicle accident with injuries is reported in the parking lot of the newly reopened Pontillo's Pizzeria at 500 E. Main St. in Batavia.

UPDATE (by Howard): According to Officer Eric Hill, the driver of a car heading east down East Main Street began swerving in the street. A witness followed her from about 400 Towers. Just after passing Pontillo's, the driver allegedly lost control of her car and it jumped the curb, striking a car in the Pontillo's parking lot. The passenger was not injured, Hill said, but the driver was injured. No further details are available.

Because state law already regulates the residency of convicted sex offenders, Batavia cannot legally enact its own residency restriction, City Attorney George Van Nest informed the City Council this week.

In a memo included in the agenda package for Monday's City Council meeting, Van Nest said that because state law gives the Division of Parole and Division of Probation the responsibility of establishing residency restrictions, local governments are preempted from establishing their own rules.

The state Constitution specifically prohibits local governments from passing laws that are already covered in New York statutes.

Van Nest cited several cases that have invalidated local laws for sex offender residency, and noted that none of the cases have been heard by an appeals court.

"Based on the foregoing," Van Nest writes in the conclusion, "although passage of a local law may be viewed in isolation to have merit, a comprehensive scheme of New York State statutes already exist in this area and such State legislation will be viewed as a basis to find preemption. In addition, there are significant constitutional challenges that might be brought against a local law adopting residency restrictions.

"Therefore, in the event the law is passed, enforcement action is taken by the City and a third party challenges the law, it is likely that the City will be forced to expend resources defending a local law that will ultimately be deemed in effective by a reviewing court."