Kendall

Kendall students perform ‘Annie’ for annual spring musical

By Tom Rivers, Editor Posted 12 March 2023 at 8:11 pm

Photos by Tom Rivers

KENDALL – Adriana Schiavone performs the lead role in Kendall Junior-Senior High School’s production of Annie.

In this scene, she is singing “I Don’t Need Anything But You” with Daddy Warbucks, played by Christopher Nettles. Karter May, back left, is in the role of Drake, the butler at Warbucks Mansion.

Kendall performed the show on Friday and then with two performances on Saturday.

Annie appears on Bert Healy’s radio show and sings “Maybe.” Andrew Cole is in the role of Bert Healy.

During the radio show, Warbucks announces a $50,000 award to a couple that prove they are Annie’s parents.

The orphans are listening to the radio show and they joyously sing “You’re Never Fully Dressed Without a Smile.”

Lauren Pilon plays the role of Miss Hannigan, the orphanage matron with a drinking problem. She schemes with her younger brother, a convict Daniel “Rooster” Hannigan and his girlfriend Lily. They try to snag the $50,000 reward by pretending to be Annie’s parents, with Miss Hannigan part of the ill-fated plot.

Christopher Nettles plays Oliver “Daddy” Warbucks, a billionaire businessman who initially doesn’t like Annie because she is a girl. But he has a change of heart and loves her. Warbucks adopts Annie after the scheme is exposed from the fake parents trying to get the $50,000 reward, and Annie’s true biological are discovered to be deceased.

In this photo Warbucks sings, “New Deal for Christmas.”

James Swift plays Franklin D. Roosevelt, the U.S. president who helps Warbucks finds Annie’s parents. When FDR meets Annie, he is inspired to make a new deal and restore America’s economy.

Kendall town officials say currently too costly to expand water lines

By Tom Rivers, Editor Posted 22 February 2023 at 3:05 pm

Grants not keeping pace with rising construction costs

Photo by Tom Rivers: Kendall Town Supervisor Tony Cammarata said town officials will keeping pursuing state and federal funds to help expand public water in the community.

KENDALL – The Town Board remains determined to expand public water in the community, but Town Supervisor Tony Cammarata said rising construction costs are making the projects too expensive right now.

Kendall will need bigger grants and very favorable loan terms to make the projects affordable for residents, Cammarata said at Tuesday’s Town Board meeting.

The state comptroller sets the affordability for public water projects at $1,040 in annual expense to residents. That includes the cost of water and any debt towards a waterline.

Recent estimates from LaBella Associates put the projects at $1,400 to $1,500 annually – too high for many residents, Cammarata said.

He responded to two residents during Tuesday’s meeting who said they have been asking for public water for several years now.

Truda Slucum of Lakeshore Road would like to be included in the town’s next water project – Water District No. 11.

Beverly Robinson of Lakeshore Road also asked to be included, said the area suffers from sulfur in wells.

Cammarata has been town supervisor for about 10 years. The town has completed four districts during that tenure. But he said they are getting tougher to do as the construction costs rise dramatically.

He is scheduled to meet Congressman Joe Morelle today and would send the message to increase federal grants for the projects. Cammarata also said the town needs low-interest loans through the federal Rural Development, which are 38 years instead of 30. That helps bring down the annual payment to stay below the comptroller’s threshold.

Cammarata said forging ahead now with a district at a $1,500 annual cost to residents would result in “a lot of pushback” because the cost would be too much for many residents.

He said Kendall will continue to look at options to get more public water lines in the ground, including whether smaller districts make a difference in lowering the annual debt costs.

“We’re trying,” he said. “I truly believe to move Kendall ahead you have to have water. We’re going to have grovel to get some funding.”

County Legislator John Fitzak attended the meeting and said residents should consider writing letters to state and federal representatives, explaining the difficulties with their well water. Those testimonials could make a difference, Fitzak said.

“I would suggest a grass-roots efforts with water,” he said about writing the letters. “We need money. Don’t forget us because we pay taxes like everyone else.”

Kendall Town Board passes law regulating short-term rentals

By Tom Rivers, Editor Posted 22 February 2023 at 11:52 am

Many STR owners vow to sue, calling law ‘discriminatory’

Photos by Tom Rivers: June Chippendale of Kendall asks the Town Board not to pass a law putting regulations on short-term rentals. She is looking to operate an STR in the future.

KENDALL – The Town Board on Tuesday night passed a law regulating short-term rental properties in the town, an action that some of the STR owners said was “discriminatory” and would result in a lawsuit against Kendall.

The new law also bans any new short-term rentals in the waterfront districts, excluding bed and breakfasts which require a separate special use permit. Existing STRs shall be grandfathered in and allowed to continue.

The Town Board said the waterfront districts have houses closer together on private one-lane roads. The STRs are presenting “parking and traffic impacts,” town officials write in the new law.

The board and community have been debating short-term rentals for several months. Town Board members said there have been complaints in recent years with the rise of short-term rentals, such as Airbnbs and Vrbo.

Some of the neighbors of STRs have complained that some of the STRs are loud, especially at night when the homeowners want peace and quiet after working in the city. Some neighbors said those businesses shouldn’t be allowed on one-lane private roads, and STRs also can drive up neighbors’ property insurance costs.

STR owners who spoke at Tuesday’s meetings said the community has a long history of renting out cottages to visitors. The STRs are nothing new, but have become more popular during the Covid pandemic with people seeking a getaway after being confined to their own homes.

Greg Stuckless of Norway Heights said the income from an STR was essential in allowing his family to put in a breakwall to protection from erosion during the flooding in 2017 and 2019. During an economic downturn the STR revenue helped Stuckless keep up with his bills.

“It’s saved me,” he told the Town Board. “We would have lost our house.”

Greg Stuckless said operating a short-term rental gave his family needed funds, allowing them to keep their home.

Stuckless said the fees in the law are not unreasonable but he said he is concerned about the town increasing the STR owners’ liability for having guests on site and in the community.

The Town Board modified the law after a public hearing last month. An annual licensing fee with the town for an STR will be $250 (or $500 over 2 years), which was lowered from the $1,000 annually in the proposed law. Kendall will require a $1 million liability insurance for STR owners, rather than the $3 million in the draft law.

The town had proposed STR owners would lose their permit to operate if they haven’t had any STR business over six months. That has been changed to one year.

The board passed the new law in a 4-0 vote with yes votes from Town Supervisor Tony Cammarata, and board members Barb Flow, Margaret Lynn Szozda and Paul Jennings.

Rich Miller, a resident of Lakeland Beach Road and a real estate agent, said the town’s new law is “ill advised” and an attack on property rights.

He told the board to expect a lawsuit. About 20 of the rental owners have joined together to hire an attorney to oppose the regulations. They are represented by attorney Steven Barshov of Sive, Paget & Riesel in New York City.

One resident said the STRs are better maintained than most of the properties in the town, with the buildings, lawns and vehicle upkeep. The board should be looking at all properties and not just focusing on STRs, the resident said.

Ken DeRoller, a former county legislator, said Kendall should coordinate its law with the towns of Carlton and Yates as part of a Kendall-Yates-Carlton local waterfront development plan. That LWRP aims for consistency with town regulations along about 25 miles of shoreline. DeRoller urged Kendall to “slow it down” in adopting the regulations.

The town’s property maintenance codes already address issues with poorly maintained structures and don’t require the regulations for STRs, attorney Barshov wrote to the town last month.

Barshov questioned parts of the regulations that limit two people per sleeping room, sprinkler systems above the second floor of buildings used as STRs, and a ban on parking recreational vehicles, campers, trailers or motor vehicles larger than a 1-ton pickup truck.

“The character of a neighborhood is not destroyed by occupants of short-term rental properties doing exactly what residential property can do,” Barshov wrote.

The attorney said the Town Board has misstated the issues with STRs, portraying an “STR war zone” that doesn’t exist. There are only a few isolated incidents and none are “malicious,” he said.

“There are no reports of rampant misbehavior or anything like it at STR properties,” he wrote.

Kendall residents speak in favor and against proposals to regulate short-term rentals

Photos by Tom Rivers: Mark Grimes of Norway Heights in Kendall said there are several “defects” in the town’s proposed laws for regulating short-term rentals. Grimes is one of about 20 short-term rental owners who retained a lawyer, Steven Barshov, from the New York City firm of Sive, Paget & Riesel to challenge the regulations. Grimes said he hopes litigation can be avoided between the town and the short-term rental owners.

By Tom Rivers, Editor Posted 11 January 2023 at 9:51 am

KENDALL – The Town Board heard from residents and property owners who are in favor or against proposed regulations for short-term rentals, such as Airbnbs and Vrbo.

The board held a public hearing Tuesday evening, with at least 125 people attending the nearly 2-hour meeting in the junior-senior high school auditorium.

Some of the speakers would like to see the town work with short-term rental owners without passing new regulations. The town can regulate the sites through existing codes for property maintenance, noise and garbage pickup, some of the speakers said.

The town is proposing one law that would not allow any new short-term rentals in the waterfront districts north of the Lake Ontario State Parkway. The existing rentals would be grandfathered and allowed to continue. Kendall officials said there are eight to 10 of those rentals in that area.

Town-wide Kendall is proposing an annual $1,000 annual licensing fee with the town for the rentals, and wants to require those property owners to have $3 million liability insurance.

Town of Kendall officials welcome about 125 people to a public hearing on Tuesday night at the school auditorium. Pictured from left include Planning Board Chairman Bruce Newell, Town Councilwoman Barb Flow, Town Councilwoman Margaret Lynn Szozda, Town Supervisor Tony Cammarata, attorney Henry Zomerfeld, and Councilman Paul Jennings.

Paul Nau, owner of Lake Runner Charters for the past 37 years, keeps his boat at Bald Eagle Marina and has customers come for charters for 77 days. About 90 percent of his customers are from out of state and they stay in STRs. Nearly all of them are middle age or older. They are just looking to relax, enjoy a getaway by the lake. They patronize local restaurants.

If the short-term rentals close due to higher operating costs, Nau said he will have to relocate to Niagara County.

“Kendall is a beautiful area,” he said. “Bald Eagle is one of the best marinas on the lake.”

The manager of Lures Restaurant at the marina also said the STR regulation would hurt Lures with rents out lodging, making that business even more challenging as it comes off Covid restrictions and staffing shortages.

Jason Manchester of Lomond Shores is president of a homeowners association where residents live among 6 short-term rentals. He said the residents there few complaints about the STRs. Occasionally someone rides a golf cart on the road or is speeding, or a dog gets loose. The issues are resolved among the neighbors, without bringing in the town or law enforcement, Manchester said.

“Be neighborly,” he said. “Talk to your people. We have no issues.”

Josh Brusso of Kenmore Road said the $1,000 fee looked like a “money grab” from the town. He said some of the complaints about transients in the STRs are common among year-round residents, too – speeding, setting off fireworks, trespassing.

He is concerned the regulations would drive up costs for STRs.

“Let’s try to keep it affordable so it isn’t just for elites,” he said.

Lydia Richardson, a deputy town clerk, urged the Town Board to hold off on adopting regulations to give more time for documents about complaints and other issues to be filed with the town. Right now there are petitions submitted for and against the regulations. Richardson said some have accused Town Board members of having a personal stake in the issue because they live near short-term rentals. She wants the town to be protected in case there is a legal challenge about a conflict of interest.

Some of the residents spoke in favor of the law, saying having STRs as neighbors drives up their property insurance costs. They said some of the STRs are loud, especially at night when the homeowners want peace and quiet after working in the city.

“I want a quiet street and not be surrounded by STRs,” one resident said. “I’m worried the whole street will become STRs.”

Several residents said they didn’t think the STRs were allowed on the private one-lane roads. The town code doesn’t allow businesses on those roads, where the residents pool resources to have the roads plowed and maintained. Some of the residents on those roads said having STRs there exposes everyone on the road to liability if a transient resident was hurt in an accident. They could sue the residents about the road’s maintenance, one resident said.

About 20 of the rental owners have joined together to hire an attorney to oppose the town’s proposed regulations. The hearing limited speakers to 3 minutes. So about a dozen property owners took turns reading a response prepared by attorney Steven Barshov of Sive, Paget & Riesel in New York City.

Some of the Town Board members live close to STRs. Those board members should state their conflict of interest and recuse themselves from the town discussion and any voting on the issue, Barshov said.

He said there are several “defects” with the regulations, including conflict with the Kendall Comprehensive Plan and the Kendall, Yates & Carlton Local Waterfront Revitalization Plan.

The cottages and second homes in Kendall have been rented out long before “the computer-based marketing platforms of VRBO and Airbnb.” Owners used to use newspapers and more traditional forms of advertising to market the sites, he said.

“Thus, the entire basis of the Proposed Local Laws – that ‘short term rentals’ is something new or novel in Kendall – is utterly false,” Barshov wrote as part of an 8-page letter to the Town Board.

He also said it was “irrational” to single out airbnbs, VRBOs and other short-term rentals and to allow bed and breakfasts because the latter are owner-occupied. Kendall is proposing the short-term rentals have a responsible caretaker on-call if the owner doesn’t live in Kendall. Barshov said that is a reasonable requirement and not objectionable.

Town Supervisor Tony Cammarata presides over a public hearing where speakers were limited to 3 limits. The hearing was delayed about 10 minutes because of a line of people waiting to sign in and get into the school auditorium. About 125 people attended the hearing that lasted about 1 hour, 40 minutes.

The town’s property maintenance codes already address issues with poorly maintained structures and don’t require the regulations for STRs, Barshov said.

The $1,000 annual licensing fee is “absurd,” he said. That fee and the $3 million liability insurance are intended to make people close their STRs or to not consider starting those as businesses, he said.

Barshov questioned other provisions of the regulations, including a limit of two people per sleeping room, sprinkler systems above the second floor of buildings used as STRs, and a ban on parking recreational vehicles, campers, trailers or motor vehicles larger than a 1-ton pickup truck.

“The character of a neighborhood is not destroyed by occupants of short-term rental properties doing exactly what residential property can do,” Barshov wrote. “Again, the requirement is imposed to STRs less attractive to users.”

Barshov also said the Town Board has misstated the issues with STRs, portraying an “STR war zone” that doesn’t exist. There are only a few isolated incidents and none are “malicious,” he said.

“There are no reports of rampant misbehavior or anything like it at STR properties,” he wrote.

The attorney noted that the Orleans County Planning Board was overwhelming in recommending against the regulations last month. He wants more time to get the comments from the board members at that Dec. 22 meeting so they can be included in Kendall’s official record. He urged the town to not rush through the process and hold open the public hearing.

Cammarata, the town supervisor, said comments will be accepted until the close of the business day on Friday. Those comments can be dropped off or submitted to the town clerk.

Kendall sets hearing for 7 p.m. Tuesday for proposed laws on short-term rentals

By Tom Rivers, Editor Posted 9 January 2023 at 3:36 pm

KENDALL – The Town Board is giving the community a chance to comment on two proposed laws to regulate short-term rentals, such as Airbnbs and Vrbo.

The 7 p.m. hearing on Tuesday has been moved from the town hall to the Kendall Junior-Senior High School at 16887 Roosevelt Highway (Route 18).

The town is trying to regulate the short-term rentals after many complaints from neighbors of some of the sites. Neighbors have concerns about noise at night from parties, trespassing and garbage that isn’t picked up.

The town doesn’t want to allow any new short-term rentals in the waterfront districts north of the Lake Ontario State Parkway. The existing rentals, about 8 to 10, would be grandfathered in and could continue to operate.

Kendall is proposing an annual $1,000 annual licensing fee with the town, and wants to require those property owners have a $3 million liability insurance.

The Orleans County Planning Board last month voted against the proposed regulations, with some of the members saying Kendall went too far in the proposal and left some matters as too vague, such as what is the threshold for being too noisy.

The short-term rentals have become more popular since the start of the Covid pandemic, especially in 2020 and 2021 with many people from cities renting homes for weekend getaways.

Some of the highlights of the proposed laws in Kendall include:

  • Kendall will continue to allow the pre-existing short-term rentals, but will prohibit them at a location if they are discontinued for six months.
  • Transient occupancy considered when living or sleeping accommodation provided for compensation for less than 30 continuous calendar days
  • No new transient or short-term rentals allowed in the waterfront districts, excluding bed and breakfasts which require a separate special use permit.
  • All applications for a short-term rental license need to include site plans for the property with parking spaces, property lines, driveways and outdoor gathering areas, such as patios and decks.
  • The town also wants to see floor plans containing the areas for transient space, a list of the owner(s) of the property as well as the manager with contact information, the number of permanent residents at the site (if any), the number of available parking spaces for transient use, a copy of the house rules provided to transients, and a list of neighbors within 150 feet of the property.
  • The short-term rental owner needs to pay $1,000 to apply for the license and then $1,000 for each annual renewal.
  • The town can enact penalties for violations that could include improper property maintenance – exposed garbage or litter on premises, failure to return trash containers to their storage location on the day of pickup, failure to maintain property or grounds in a neat and orderly fashion, parking vehicles in undesignated spots such as the lawn, parties that exceed the number of people authorized to be there in the license, failure to adhere to quiet hour restrictions between 10 p.m. and 8 a.m., occurrence of excessive noise or nuisances at any other time, and occurrences of transients trespassing on other properties.
  • A maximum of two people per sleeping or no more than 8 people total in the STR.
  • No recreational vehicles, campers, trailers or motor vehicles larger than a one-ton pickup truck, other than trailers for boats or jet skis to be launched at nearby ramps.
  • The locations used as rentals shall not have exterior signage indicating they are a rental. The short-term rentals “shall from all exterior indications be indistinguishable from any conventional dwelling.”
  • Owners of the rentals need to provide proof to the town of general liability insurance of at least $3 million with respect to personal injury or death, and at least $300,000 with respect to property damage.
  • The owner needs to provide proof to the town that the septic system is in good working order and has been pumped in the last three years (for sites not on a central sewer system.)
  • Any violations can result in maximum fines of $3,000, with each continued violation a separate and additional offense.

Kendall FD decommissions ambulance service after 54 years

Photos by Tom Rivers: Cole Hardenbrook, a member of the Kendall Fire Department, takes the radio out of the Kendall ambulance. The fire department ceased providing service at 11:59 p.m. on Dec. 31. The Kendall ambulance has been sold to Niagara County for $40,000.

By Tom Rivers, Editor Posted 1 January 2023 at 4:24 pm

KENDALL – The Kendall Fire Department held an open house today to thank the community for supporting the volunteer ambulance service since 1968.

Kendall ceased providing the service at 11:59 p.m. last night. It won’t be transporting patients any more, but the department will continue to respond to EMS calls, with Monroe Ambulance or another provider then taking people to the hospital if needed.

It is a bittersweet moment for the department, where many of the dedicated volunteers for the ambulance squad gathered at the fire hall.

The fire department wanted to thank the community for their donations and support since 1968 to allow the service to be offered for free. Kendall is the last fire department to offer an ambulance service for free in the Orleans County.

“We’re very proud of that,” Cole Hardenbrook, a Kendall Hardenbrook, said about the department’s longevity with the ambulance service.

Provided photos: Kendall EMTs pose for a group photo in front of the ambulance. This group includes from left: Al Adams, Sue Maslyn, Steve Balka, Cindy Wolck, Gary Crawford and Brian Hardenbook. Missing from photo is another EMT, Sue Kingsbury.

Hardenbrook and other firefighters spent part of the morning and afternoon removing equipment from the ambulance. The vehicle from 2010 has been sold for $40,000 to Niagara County. That sale covers nearly the full cost of buying a new Tahoe that will be used as a fly car for firefighters to respond to EMS calls. Some of the equipment from the ambulance will be shifted to the Tahoe.

The department is down to six active EMTs. Other volunteers would drive the ambulance and help with calls.

But in the past couple years, the department was missing many of the calls and relying increasingly on mutual aid.

Eric Maxon, one of the department’s volunteers the past 41 years, said the ambulance’s reputation was suffering from not responding to many of the calls.

“There’s nothing worse than having the whistle go off and have no one be there,” he said. “Our reputation was dwindling because we weren’t making the calls.”

These volunteers were part of the Kendall Ambulance Squad, with some as drivers, EMTs and other responders. In front row from left include: Dan Schultz, Steve Balka, Sue Maslyn and Eric Maxon. Back row: Cole Hardenbrook, Gary Crawford, Mike Schultz, Al Adams, Bill Hardenbrook, Rich Brelawski, Randy Davis and Blaine Young.

It was getting harder and harder for volunteers to meet the training requirements and give up the time to respond to a call and then make the transport to a Rochester hospital. Often the ambulance would have to wait at the hospitals to drop off patients. It could take five hours to go on some of the calls.

Maxon said the ambulance squad responded to 9,700 calls since its first call on March 7, 1968.

“Anything from a cut finger, to a massive heart attack to multi-car accidents, we did it all,” Maxon said.

Gary Crawford, a member of the ambulance squad since 1970 and the captain from 1985 to 2008, said volunteers used to be able to expect about a one-hour commitment for calls, back when then could do transports to hospitals in Albion and Brockport.

Now the transports take much longer, and the training requirements have gone from 80-hour classes to nearly 200 hours.

Photos by Tom Rivers: Some of the equipment was removed from the ambulance and set on a table inside the fire hall. Some of that equipment will be shifted to a new Tahoe that will function as a fly car for EMS calls.

Crawford said he is thankful the fire department was able to provide the service for so long. He recalled being at the Kendall Firemen’s Carnival when a young woman who had been badly injured in a car accident a few years before came to the carnival. She sought out the firefighters  to thank them for saving her life.

Crawford said there are other testimonials in letters and sometimes just in the grocery store, of people thanking the Kendall Ambulance Squad for its life-saving service.

Crawford and Maxon said Kendall EMTs and firefighters will continue to provide emergency medical care. They will often be the first on the scene, but won’t be transporting patients.

Al Adams, one of the EMTs, said the longer time commitments in training and responding to calls has kept some volunteers and potential active members on the sidelines. But he expects more people, including himself, to respond to more calls, knowing they won’t have to be committed for several hours.

“It’s going to be a lot easier to be a good neighbor,” he said about the EMS service in Kendall.

Eric Maxon shares some of the ambulance squad’s history. Initially there was a first aid squad that responded to its first call in October 1966. In February 1968 the department purchased its first ambulance, a used ambulance from 1964 for $2,100.

Kendall FD welcomes community to decommission open house for ambulance on Jan. 1

By Tom Rivers, Editor Posted 29 December 2022 at 12:03 pm

KENDALL – The Kendall community is invited to an open house on Sunday at the fire hall to bid farewell to the ambulance at the fire department.

The Kendall FD ran the all-volunteer service since 1968. It announced in October the service would cease at 11:59 p.m. on Dec. 31.

Firefighters will still respond to EMS calls, but transports will be handled by Monroe Ambulance and others in mutual aid.

The open house will be from 11 a.m. to 1 p.m. at the fire hall, 1879 Kendall Rd. Photos will be on display of ambulances through the years. Eric Maxon, a Kendall firefighter for 41 years and treasurer for the ambulance for 23 years, will give a presentation at noon about the history of the ambulance service in Kendall.

The fire department is the last one in Orleans County operating an all-volunteer ambulance service for free.

He said the training requirements and the transports to Rochester hospitals took more time for the volunteers.

“We’ve been known for our ambulance service,” Maxon said today. “But it’s such a burden on volunteers. It’s taken a toll on everybody.”

The fire department didn’t want to continue with the service when it was in doubt there would be a crew to make a timely response.

“We didn’t want a call go out and have nobody show up,” Maxon said.

The open house and decommissioning on Sunday is a chance for the fire department to thank the community for its support for the past 54 years for the ambulance service.

The department will be selling the ambulance and then acquiring a Tahoe that will function as a fly car for basic life support services.

Kendall’s proposed law regulating short-term rentals by waterfront voted down by county

By Tom Rivers, Editor Posted 26 December 2022 at 9:42 am

Town Board in Kendall seeks $1,000 annual licensing fee for rentals

Photos by Tom Rivers: Bruce Newell (center) leads the discussion on Thursday about a proposed law in Kendall for regulating short-term rental such as Airbnbs. Newell is also a member of the Orleans County Planning Board, which met in the Orleans County Legislature’s chambers on Thursday. Also pictured include from left Kirk Myhill of Shelby, Paul Schwenk of Carlton, Dan Strong of Carlton (at-large central) and Gary Daum of Yates.

KENDALL – The Orleans County Planning Board last week recommended against a proposed law from Kendall that would regulate short-term rentals, such as Airbnb and Vrbo, in the waterfront district.

Kendall has about 8 or 10 of those sites in the waterfront district, just north of the Lake Ontario State Parkway.

Many neighbors have complained to town officials that the sites in residential neighborhoods are too loud at night, and people staying in the rentals often trespass and don’t take care of their garbage.

“Kendall recognizes these places can operate well,” said Bruce Newell, Kendall’s Planning Board chairman and a member of the County Planning Board. “We’re trying to put a mechanism in place for the problems.”

Kendall wants to ban any new short-term rentals in the Waterfront Residential and Waterfront Development districts. The current short-term rentals could continue but would have to pay an annual $1,000 annual licensing fee with the town, and carry a $3 million liability insurance, stipulations that David Bentley, owner of a short-term rental, said was excessive.

“We aren’t afraid of regulations,” Bentley said during last Thursday’s meeting. “But let’s be reasonable. These are way out of whack.”

There will be a public hearing in Kendall on Jan. 10 about the law. Kendall Town Board would need a super-majority vote of at least four out of five board members after the county voted it down.

Kendall’s proposed law would designate the code enforcement officer to do annual inspections of the sites. The code officer also would be asked to enforce the regulations, and could be called if a neighbor believed a party was out of hand, or if one of the short-term visitors was trespassing.

Some of the County Planning Board members thought that was too much to ask of a code officer. Newell said the town has reached out to the Sheriff’s Office about assistance in enforcing the law.

“We’re very sensitive about the demands it puts on code enforcement,” he said.

Mylynda Kuba, Murray code enforcement officer, said Kendall would need to provide decibel readers to the town code official and establish a standard on where to read them. Otherwise, a noise complaint could be considered subjective.

Newell said the licensing fee would give the town information on who is operating the short-term rentals. Town officials believe some of the sites are under the radar. They may not be reporting their “bed tax,” a 4 percent tax that goes to the county. The bed tax throughout the county last year generated about $80,000.

The $1,000 fee also would bring in some money directly to the town for the short-term rentals because the county currently keeps all of the bed tax.

Ken DeRoller, a former Orleans County legislator from Kendall, urged Kendall officials to work with Carlton and Yates for consistent regulations for short-term rentals among the three lakeshore towns. Carlton and Yates don’t have any regulations for the rentals right now.

Bruce Kirby, a County Planning Board member from Gaines, operates a short-term rental that he said generates about $6,000 in profit a year. He thought a $1,000 fee was too steep.

Kirby said he thought Kendall was trying to do too much with the proposed law.

Dan Strong, a member of the County Planning Board, said the law was “a good starting point” that gets all of the short-term rentals “playing by the same rules.”

Kendall isn’t cracking down on short-term rentals outside the waterfront districts because Newell said those locations are more spread out, and the town hasn’t received complaints from neighbors there.

In the waterfronts districts, the houses are much closer together, he said.

The town’s proposed law would be the first attempt in Orleans County to regulate Airbnbs or other short-term rentals, which became much more popular during the Covid pandemic, with many people from cities seeking a brief escape to a more open rural area.

Some of the highlights of the proposed law in Kendall include:

  • Kendall will continue to allow the pre-existing short-term rentals, but will prohibit them at a location if they are discontinued for six months.
  • Can operate as legal non-conforming uses.
  • Transient occupancy considered when living or sleeping accommodation provided for compensation for less than 30 continuous calendar days
  • No new transient or short-term rentals allowed in the waterfront districts, excluding bed and breakfasts which require a separate special use permit.
  • All applications for a short-term rental license need to include site plans for the property with parking spaces, property lines, driveways and outdoor gathering areas, such as patios and decks.
  • The town also wants to see floor plans containing the areas for transient space, a list of the owner(s) of the property as well as the manager with contact information, the number of permanent residents at the site (if any), the number of available parking spaces for transient use, a copy of the house rules provided to transients, and a list of neighbors within 150 feet of the property.
  • The short-term rental owner needs to pay $1,000 to apply for the license and then $1,000 for each annual renewal.
  • The town can enact penalties for violations that could include improper property maintenance – exposed garbage or litter on premises, failure to return trash containers to their storage location on the day of pickup, failure to maintain property or grounds in a neat and orderly fashion, parking vehicles in undesignated spots such as the lawn, parties that exceed the number of people authorized to be there in the license, failure to adhere to quiet hour restrictions between 10 p.m. and 8 a.m., occurrence of excessive noise or nuisances at any other time, and occurrences of transients trespassing on other properties.
  • If the STR commits two or more offenses, the code officer can recommend to the Town Board that the license be revoked and a hearing can be held to consider the revocation.

Standards

  • A maximum of two people per sleeping or no more than 8 people total in the STR.
  • no recreational vehicles, campers, trailers or motor vehicles larger than a one-ton pickup truck, other than trailers for boats or jet skis to be launched at nearby ramps.
  • No rental shall be above the second floor unless there is a sprinkler system.
  • The locations used as rentals shall not have exterior signage indicating they are a rental. The short-term rentals “shall from all exterior indications be indistinguishable from any conventional dwelling.”
  • The rental shall be limited to registered guests, and no commercial activities, public or private parties, receptions, meetings or similar social gatherings will be permitted. The site shall maintain a register of all transients staying there, including their permanent addresses and dates of their stay. That register shall be made available to the code enforcement officer or Sheriff’s Office if there are complaints about the transients’ behavior.
  • Owners of the rentals shall reside within 30 minutes of the sites so they can quickly respond if there is a complaint. If an owner can’t respond within 30 minutes of a complaint, the owner needs to appoint a manager who can be onsite to answer a complaint within 30 minutes.
  • Owners of the rentals need to provide proof to the town of general liability insurance of at least $3 million with respect to personal injury or death, and at least $300,000 with respect to property damage.
  • The owner needs to provide proof to the town that the septic system is in good working order and has been pumped in the last three years (for sites not on a central sewer system.)
  • Any violations can result in maximum fines of $3,000, with each continued violation a separate and additional offense.

$937,336 bid accepted to replace Route 237 bridge in Kendall over Bald Eagle Creek

By Tom Rivers, Editor Posted 19 December 2022 at 9:06 pm

ALBION – The Orleans County Legislature today accepted a $937,336 construction bid from CATCO in Alden to replace a bridge on Route 237 in Kendall over Bald Eagle Creek.

The project totals $1,197,300 with preliminary engineering, design and right-of-way incidentals and construction. The total expense is 80 percent funded by the federal government ($957,840) with the state Marchiselli program paying 15 percent ($179,595) and the county the remaining 5 percent ($59,865).

In other action during today’s meeting, the Legislature:

Approved paying $20,332 to Trane U.S. of Buffalo to replace the HVAC unit for the visitation room of the Orleans County Jail.

Approved paying $5,061 to American Rock Salt Company in Pittsburgh, Pa. for bulk ice control salt.

The county agreed to a snow and ice control contract at $2,100 a month or $70 a day for the Comprehensive of Orleans property at 14012 Route 31 in Albion, from Jan. 1 to April 30, 2023.

Approved spending $36,880 for a 2022 Heli CPCD300 forklift from Clark Equipment Rental and Sales in Syracuse. The forklift will be used by the county Department of Public Works.

Approved spending $7,992 for plastic pipe for a DPW project on West Countyhouse Road. Chemung Supply Corporation of Elmira will supply the pipe.

Authorized the Office for the Aging to apply for a $15,244 MIPPA grant (Medicare Improvements for Patients and Providers Act). The funding will pay to educate and assist Medicare beneficiaries with limited incomes, outreach and assistance with Medicare Part D for beneficiaries in rural areas, and assist with Low Income Subsidy and Medicare Savings Applications.

Approved an annual agreement with Genesee County at $17,634 to operate the youth bureau for Orleans County, to be paid in quarterly installments in 2023.

Approved an agreement for up to $76,567 between the Orleans County Clerk and Tyler Technologies and Records Management Solutions for conversions of data, office/cloud development, training and implementation for the year 2023. There will be a fee of $52,700 in 2024 for final conversion and a one-time implementation and service fee. There will be annual SaaS fees of $66,567 from 2024 to 2027.

Authorized spending $30,000 to SHI International Corporation in Somerset for cybersecurity software.

Kendall supervisor takes issue with ‘misconstrued’ remark by Monroe Ambulance

By Tom Rivers, Editor Posted 14 December 2022 at 5:11 pm

KENDALL – Tony Cammarata, the Kendall town supervisor, insists the town was smart to not take action on a contract with Monroe Ambulance.

Kendall was initially part of a seven-town consortium in Orleans negotiating a contract for ambulance services with Monroe Ambulance. The agreement was for $200,000 to be shared among the seven towns, with the amounts based on their share of projected call volume.

Kendall is different from the other seven because it already had ambulance coverage in 2023 at no charge to the town as part of a deal with two fire districts – Kendall and Hamlin-Morton-Walker.

Cammarata spoke with the fire district leaders and they didn’t see a need to commit town funds for an ambulance contract when Monroe already offered to cover the fire districts in the town.

Tom Coyle, the Monroe president and owner, said during Carlton’s Town Board meeting on Tuesday that Cammarata “misconstrued” the contract and the services offered by Monroe.

The new contract with the seven towns would have an ambulance stationed on Holley that would serve Kendall.

But without Kendall not in the contract with the other Orleans towns the ambulances serving Kendall will come from Monroe County. Monroe officials said they plan to have three ambulances available in western Monroe next year. They currently keep ambulances stationed in Brockport which can be routed to Kendall for EMS calls.

Mike Schultz of the Kendall Fire Department said Kendall will be covered and should receive good service as part of the contract with Monroe.

Cammarata insists paying the $18,000 would have been an unnecessary expense for the town in 2023, when it already had coverage from the contracts with Monroe from the fire districts.

Those contracts expire after 2023. Cammarata said Kendall will likely have to pay with town funds in 2024.

Kendall won’t commit town funds to ambulance service in 2023

By Tom Rivers, Editor Posted 2 December 2022 at 3:25 pm

KENDALL – The Town of Kendall won’t be spending money for ambulance services in 2023, Town Supervisor Tony Cammarata said today.

A proposal from Monroe Ambulance sought $18,000 from Kendall as part of a seven-town consortium for ambulance services in Orleans County. Monroe is seeking $200,000 from the seven towns in a contract in an agreement that would have Monroe stationing two ambulances in the county – one in Albion and one in Holley.

But Cammarata said there are already agreements in place for ambulance services in Kendall for 2023, without costing the town.

The Kendall Fire District has a contract with Monroe Ambulance as the primary ambulance provider. That fire district covers Kendall from the Carlton town line heading east to Norway Road.

The Hamlin Morton Walker Fire District includes the rest of the town from Norway Road to the Hamlin town line, and also includes Hamlin. That district has an agreement with Mercy Flight for ambulance services at no cost, Cammarata said. Mercy Flight recently took over for COVA, which was operating in Hamlin.

“I’m very happy because I don’t have to pay $18,000 and we’re getting coverage,” Cammarata said.

The town supervisor said he spoke with leadership with the two fire districts and they said the town didn’t need to do an agreement on its own with either Monroe or Mercy Flight because there are already existing contracts through the fire districts.

“It was a very easy decision to make once I had all the factual data,” Cammarata said.

Four of the seven towns in the consortium – Albion, Barre, Clarendon and Murray – have approved a contract with Monroe for 2023. Carlton and Gaines officials have scheduled a joint meeting for 6 p.m. on Dec. 8 at the Carlton Town Hall to discuss ambulance services.

Kendall is the last town in Orleans County to lose its volunteer-run ambulance. The Kendall Fire Department announced in October it would cease its ambulance service on Dec. 31 and look to sell its ambulance. That volunteer squad in recent years would respond to about 200 calls a year.

“This was a difficult decision that we did not take lightly. Due to lengthy transport times and lack of staffing, we are unable to offer a service that lives up to the standards we believe that Kendall, and the surrounding communities, deserves,” according to a letter to the community in October from Kendall FD President Bryan Hardenbrook and Fire Chief Dan Schultz.

Beginning on Jan. 1, many 911 calls in Kendall will still have Kendall personnel on scene to start treatment. An ambulance will respond and people will be transported, if needed, to a hospital, Hardenbrook and Schultz said.

Cammarata said the Monroe and Mercy Flight agreements with the fire districts are for 2023, and will be re-evaluated next year.

He said Kendall is in a different situation from the other six towns negotiating the ambulance contract because Kendall has the two fire districts, including one that stretches into another town and county.

“2024 will be a whole new decision-making process and we’ll look to start that early,” Cammarata said. “Next year, it may be that the consortium is the way to go. For now, in 2023, we will have ambulance coverage. This is our best decision for now. The other towns can meet and decide what’s best for them.”

Kendall holding off ambulance decision until Dec. 6

By Tom Rivers, Editor Posted 16 November 2022 at 2:31 pm

KENDALL – The Kendall Town Board didn’t vote on Tuesday whether to approve a contract with Monroe Ambulance for EMS services.

Kendall town officials first want to talk with leaders of the two fire districts – Kendall and Morton.

Monroe Ambulance has proposed a one-year contract with Kendall for $18,000. Monroe would station in ambulance in Holley and Albion as part of the agreement. Right now, Monroe is the primary ambulance provider in Kendall, but Monroe doesn’t stage an ambulance in eastern Orleans County.

Mercy Flight EMS also wants to provide services for Kendall. Mercy Flight on Sunday took over the COVA operations in Albion and Hamlin. Kendall is next to Hamlin and Town Supervisor Tony Cammarata wants to see how Mercy Flight’s close presence in Hamlin could impact services in Kendall.

“This is an expedition that no one thought we would be doing,” Cammarata said. “We want to do the right thing for our people.”

Kendall will next meet on Dec. 6.

Kendall elementary approved for grant to establish raised bed garden

Staff Reports Posted 15 November 2022 at 10:10 am

KENDALL – The elementary school has been approved for a grant to establish raised beds for a garden.

Terra Science and Education, based in Syracuse, announced the $903.60 grant for Kendall’s “Pumpkin Patch Problem Solving” project, led by teacher Wendy O’Hearn.

The project will involve K-12 students in the school district establishing raised beds for a garden located at Kendall Elementary School. A garden offers an ideal area for teaching and learning about plant science, biology, chemistry, soil science and math. Students will develop a deeper understanding of the natural world when they are actively engaged in scientific inquiry.

Kendall Elementary School is among 16 organizations across New York State awarded 2023 Capacity Building Grants from Terra Science and Education. For the 2023 grant cycle, Terra received 28 applications requesting more than $115,000 in grant funds. Terra awarded a total of $57,468 in grants to increase educational opportunities for students throughout the state.

Terra Science and Education is a 501(c)3 organization dedicated to improving the quality of life through investment in those involved in education and innovation. For more information about Terra Science and Education or the Capacity Building Grant Program, email info@terraed.org or visit the website at www.terraed.org.

$1.76 million state grant gets Kendall closer to new sewer system

By Tom Rivers, Editor Posted 5 November 2022 at 5:57 pm

KENDALL – The state announced a $1,763,835 grant on Friday to assist with a new sewer facility in Kendall and Hamlin.

The money gets Kendall and Hamlin closer to moving forward with the $15 million project, but Tony Cammarata, Kendall town supervisor, said the two towns are still seeking about $4 million more in aid to make the project affordable for residents.

Gov. Kathy Hochul on Friday announced the $1,763,835 for the project as a Water Infrastructure Improvement (WIIA) grant. It was among $300 million state-wide for water and sewer projects.

“Grants are crucial to helping communities undertake environmental infrastructure projects that are vital to the health and wellbeing of New Yorkers, the resiliency of shoreline communities, and economic development that supports industry, businesses and homeowners,” Hochul said in a statement. “We are proud to support municipalities with a historic level of funding for water infrastructure improvements, and we’ll continue our efforts to modernize our infrastructure and provide safe, reliable water systems for generations to come.”

Kendall and Hamlin are working on a new sewer system to serve about 350 residences along the lakeshore.

The state committed to paying 95 percent of a $9,053,000 project as part of the Lake Ontario Resiliency and Economic Development Initiative. However, the project has topped those estimates from 2019. Cammarata said supply-chain issues for materials have pushed the costs up significantly.

Cammarata said the cost is now about $15.6 million. The state is unwilling to increase its REDI contribution for the project and has urged Kendall and Hamlin to look for other funding sources.

“We appreciate this very much,” Cammarata said about the state grant announced on Friday.

Kendall and Hamlin were seeking about $2.8 million in the WIIA grant.

“We’re still short,” Cammarata said. “We’re going to see if there are other opportunities. We got our feelers out.”

Kendall and Hamlin could seek another WIIA grant, or a state program for infrastructure near the shoreline, he said.

He wants to keep the total amount as low as possible for the local taxpayers.

“This is the largest project Kendall has ever gone after,” he said. “This is a blue-ribbon project we’re trying to bring to fruition. This includes two towns, two counties and the Hamlin Beach State Park.”

While the towns look for additional funding, Cammarata said they will be doing surveying work and working on other government approvals for the project.

“If we can get more money that would really accelerate it,” he said about construction for the project.

Kendall Fire Department will disband ambulance service after Dec. 31

By Tom Rivers, Editor Posted 16 October 2022 at 8:51 am

KENDALL – The fire department has announced it will disband its ambulance service at 11:59 p.m. on Dec. 31.

Kendall is the last volunteer fire department in Orleans County to run its own ambulance. It responds to about 200 calls a year. Clarendon, Holley, Carlton, Albion and Shelby have all disbanded their ambulances.

“This was a difficult decision that we did not take lightly. Due to lengthy transport times and lack of staffing, we are unable to offer a service that lives up to the standards we believe that Kendall, and the surrounding communities, deserves,” according to a letter to the community from Kendall FD President Bryan Hardenbrook and Fire Chief Dan Schultz.

Beginning Jan. 1, 911 calls in Kendall will still have Kendall personnel on scene to start treatment. An ambulance will respond and people will be transported, if needed, to a hospital, Hardenbrook and Schultz said.

The Kendall ambulance – a 2012 Ford F450 with 38,000 miles and a road rescue box – is for sale and the Kendall FD will accept sealed bids through Dec. 1. The ambulance comes with Stryker power stretcher including batteries and charger, and a Stryker stair-chair.

Those with questions about the ambulance or who want to inspect it, can contact Mike Schultz at Mschultz@kendalfire.com or call/text 585-354-2966.

Sealed bids can mailed to: Attn: Ambulance Bid, 1879 Kendall Rd., PO 387, Kendall NY 14476.

The department also will make records available for anyone served by Kendall EMS or transported by the ambulance. Call (585) 659-8082 to obtain those records.

Kendall FD continues to seek volunteers. Those interested in joining can reach out to a member, go to Kendallfire.com, or call 585-659-8082.