NY- Putnam law questioned as sex offender moves near Kent preschool

10-30-2008 New York:

KENT - A registered sex offender who recently moved to town may be in violation of a new county law that prohibits sex offenders from living in clustered housing developments or within 1,000 feet of places where children congregate.

But authorities aren't enforcing the law due to questions of its legality and because it isn't clear whether the offender's residence meets the definition of clustered housing and is less than 1,000 feet from a nearby preschool.

Meanwhile, local parents, including those whose children attend that preschool, are left worrying.

David McColl, 46, moved to a small home on Nemarest Club Road off Peekskill Hollow Road on Oct. 15, Kent police said. Nemarest Club is a community of small summer homes, off Peekskill Hollow Road near Route 301, that were later converted to year-round residences.

As required to by law, McColl notified Kent police of his new address. Police, in turn, notified local residents as well as any institution that might be affected, including local schools and the neighboring Kountry Kids Children's Center at 92 Richardsville Road.

McColl was convicted in April 2005 in New Jersey of felony sex offenses against three minor teenage girls and required to register as a sex offender. He attempted to have sexual contact with the girls, whom he did not know, according to New York's sex-offender registry. He is classified as a Level II offender, considered a moderate risk to reoffend, and is designated as a sexual predator, meaning that he has to check in with local authorities once every 90 days.

In March, Putnam legislators passed a law that, among other things, prohibits convicted sex offenders from living, working or spending time within 1,000 feet of places where children congregate. This includes schools, day cares and playgrounds.

The law also prohibits such convicts from living in a clustered housing development, defined as 10 or more single-family homes on less than one-third of an acre. It's unclear whether the Nemarest Club neighborhood meets that definition.

However, in August, the Legislature's Protective Services Committee agreed to re-evaluate legal and logistical aspects of the law and sent it back to the county's Law Department for revision.

Legislator Terry Intrary, R-Kent, who chairs the Protective Services Committee, said the revised law will come before his committee Nov. 12. He expects it will be approved and sent to the full Legislature for a December vote. After that, he said, it will be enforceable.

But that is little solace to parents living near McColl, including Peekskill Hollow Road resident Melissa Orser, who has five children ranging in age from 2 to 11. Orser said she and her neighbors want authorities to enforce the law.

McColl could not immediately be reached for comment. ..News Source.. by Terence Corcoran