KENDALL – The Board of Education has approved Mark Driesel as the next Junior/Senior High School assistant principal and athletic director. He will begin his new position on July 1.
Driesel returns to Kendall school district after serving as an assistant principal at Hilton High School this past school year. Prior to that, he served as a special education teacher and coach at Kendall for nine years.
“I am excited to be rejoining the Kendall family as the assistant principal and athletic director,” said Driesel, a Kendall graduate. “I know the students and staff we have here in Kendall are top tier, and the coming year will bring lots of great things for all. I’m looking forward to the 2023-24 school year!”
Cara Montrois
The Board of Education also approved Cara Montrois as the director of technology. She will begin her new position with the district on July 1.
Montrois comes to Kendall with 22 years of teaching experience and eight years as a Teacher on Special Assignment as the Teacher Center Director at Wheatland-Chili Central School District.
“I am thrilled to begin my journey with the Kendall Central School District,” said Montrois. “I look forward to working with the teachers and administrative team within my position as Director of Technology. There is already a dynamic team in place, and I am eager to join their efforts in supporting all students in achieving at high levels.”
By Tom Rivers, Editor Posted 8 June 2023 at 2:29 pm
Photos by Tom Rivers
KENDALL – The driver of a delivery vehicle was taken by Monroe Ambulance this afternoon after her vehicle was knocked on its side in a collision at the intersection of routes 237 and 18.
The delivery van was headed north and failed to yield at stop sign and flashing red light at the intersection, an Orleans County Sheriff’s deputy said at the scene.
The delivery van then struck a small bus that was carrying 10 workers. They are installing a new solar project on West Kendall Road. They work for LBFNY Solar which is based in Cato in central New York. None of those workers were injured, the Sheriff’s deputy said.
The accident at 12:20 p.m. kept the intersection closed to traffic for about an hour.
Kendall and Murray firefighters assisted at the scene. Two Sheriff’s deputies, a state trooper and Orleans County Emergency Management Office also responded to the call.
Provided photo: Kendall Lions President Eric Maxon presents Julie Kludt with our annual “Citizen of the Year Award.”
KENDALL – The Kendall Lions Club honored Julie Kludt as the 2023 Citizen of the Year. The cub gives the annual award to an individual whose volunteerism and dedication have made a significant contribution to the community.
Kludt, through many years of service to both the causes and citizens of Kendall, has never sought recognition. She serves, supports and shows up. She has volunteered for a variety of community organizations over the years.
She has supported the Kendall Fire Auxiliary and Fire Department as she runs the waffle booth at the Kendall Fireman’s Carnival and volunteers at the annual Easter Egg Hunt, coloring eggs and bringing the Easter Bunny to life.
Kludt also volunteers to help our youth with the Recreation Department and Kendall Central School.
“My heart always smiles the biggest when I am with kids,” she said.
Kludt is also active in her church and helps many others through her many acts of kindness throughout the community. The Kendall Lions appreciate the many years of service and congratulate Julie Kludt on her award.
By Tom Rivers, Editor Posted 26 May 2023 at 12:20 pm
Provided photos
LETCHWORTH – Ben Brundage, 16, of Kendall crosses the finish line on Sunday in the Vale of Three Falls at Letchworth State Park. He completed three courses that day – the Lower Falls 5K, Middle Falls 10K, and Upper Falls 15K.
The previous day he ran the Sehgahunda trail marathon. He covered 72-kilometers in all or 44.7 miles. He is the youngest to ever complete the Sehgahunda 72.
Two years ago he was the youngest at age 14 to finish the Sehgahunda trail marathon. He did it in 7 hours, 43 minutes as a 14-year-old.
The course is notoriously difficult, with a 3,000-foot elevation change on narrow, winding paths.
As a 15-year-old Brundage lowered his trail marathon time to 5 hours, 43 minutes.
Saturday there was a deluge of rain, and the course turned muddy. Brundage still finished in a new personal best of 5 hours, 4 minutes.
That was 34th out of 182 finishers. Not too many would then run another 30-kilometers or 18.6 miles on Sunday.
“It is very challenging but it is a lot of fun,” Brundage said today. “It’s not your average marathon.”
His father Daniel also finished the trail marathon on Saturday. His mother Sarah has conquered the course in previous years.
(Left) Ben Brundage stays focused while running a soggy course at Letchworth on Saturday during the Sehgahunda trail marathon. (Right) Ben Brundage smiles and holds a plaque on Sunday for completing the Sehgahunda 72. All of the finishers receive the “Put a Nail in Me, I’m done” plaque.
Ben is a member of Kendall’s cross country and track teams. He runs the 1,600 meter, 800 meter, 400 meter and 4-by-400 relay for Kendall. He competes at Sectionals on Saturday.
He said he enjoys long-distance running and often trains on the country roads in Kendall, Hamlin, Holley and Albion.
A junior at Kendall, he would like to run cross country in college at the Division II level.
File photo by Tom Rivers: in this photo from May 11, 2017, then Lieutenant Governor Kathy Hochul is joined by Assemblyman Steve Hawley in thanking members of the National Guard who were filling sandbags in the Kendall Highway Garage. About 50 National Guard members were in Kendall that day filling and placing sandbags for shoreline property owners. High lake waters devoured parts of the shoreline, with backyards slipping into the lake.
Posted 10 May 2023 at 9:12 am
Press Release, Gov. Kathy Hochul’s Office
Governor Kathy Hochul announced New York State agency personnel are closely monitoring the rising water levels along Lake Ontario and the St. Lawrence River, as lake levels have surpassed 247 feet, following prolonged rainfall throughout the Great Lakes system in recent weeks.
While water levels have yet to reach and are not forecasted to reach the flood stages seen in 2017 and 2019, agencies including the Department of Environmental Conservation and the Division of Homeland Security and Emergency Services are coordinating efforts and preparing resources to assist lakeshore communities with potential flooding impacts. Agencies will make sandbags, pumps and other flood mitigation resources available to local governments, as needed, over the coming weeks.
“Residents who live and work along Lake Ontario and the St. Lawrence River have faced tremendous challenges in recent years, but by taking proactive measures and coordinating with our local government partners along the lake, we are ensuring our communities impacted by previous flood events have the resources and information they need to mitigate the impacts of potential flooding this year,” Hochul said. “We will continue to work together with our local and federal partners to monitor Lake Ontario water levels and are ready to deploy resources to protect residents and businesses from flooding on the lakeshore.”
Due to recent heavy rainfall in the Great Lakes system, Lake Ontario’s water level is currently above 247 feet and forecasts suggest levels may continue to rise, as the International Joint Commission (IJC) manages water flows in the system to address flooding throughout the region. In recent years, the lowest points along the lake began to flood at approximately 248 feet. The historic maximum lake level is 249 feet.
The Division of Homeland Security and Emergency Services (DHSES) is working closely with the Department of Environmental Conservation (DEC) and other state agency partners to coordinate the availability of flood mitigation resources, including pumps and sandbags, should local emergency management officials request assistance.
This past week, field staff from the Office of Emergency Management (OEM) participated in a conference call with local partners from Cayuga, Monroe, Niagara, Orleans, Oswego and Wayne counties regarding lake levels and discuss the availability of state resources, should flooding become an issue. New York State is also coordinating with the U.S. Army Corps of Engineers on federally-supported preparation efforts in advance of any potential elevated water levels.
New York State Division of Homeland Security and Emergency Services Commissioner Jackie Bray said, “Several recent periods of heavy rain have led to above average water levels on Lake Ontario. While there are no active reports of flooding, and the State’s REDI projects have made the shoreline considerably more resilient to high water, we continue to monitor water levels and are prepared to assist shoreline communities with resources, if necessary.”
The following assets are available to deploy from the State’s regional stockpiles to assist shoreline communities:
Melissa Strelick starts July 1 as Kendall Junior/Senior High School principal, following the retirement of Carol D’Agostino.
KENDALL – The Kendall Board of Education has approved Melissa Strelick as the next Junior/Senior High School principal. She will begin her new position on July 1.
“It was apparent throughout the interview process and this past school year that Melissa’s ability to lead instructionally, make connections with staff and students, and her ‘all in’ mentality made her a wonderful fit for the position,” said Superintendent Nick Picardo. “I look forward to working with her in this new capacity.”
Strelick is currently the assistant principal for Grades 7-12 and athletic director for the district, and she has served in both positions since July 2022. Prior to that, Strelick served as an administrator for three years in the Fort Mill School District and as a secondary science teacher for 16 years in the Webster Central School District.
“I am extremely humbled to be introduced as the new principal of Kendall Junior/Senior High School,” Strelick said. “I am excited to have the opportunity to honor the legacy of the school and contribute to the culture of excellence and care. I look forward to working collaboratively with all stakeholders to continue our strong tradition of respect, creativity and achievement at Kendall.”
By Tom Rivers, Editor Posted 22 April 2023 at 8:02 am
Photo courtesy of Julie Bunn: Kendall Lion Club members Ed Haight, Darla Trimm, Gary Crawford and Mike Cusimano are pictured with fourth-grade students Kaitlyn Bunn and Addison Schultz, and fourth grade teacher Justin Staebell.
KENDALL – The Kendall Lions Club presented each fourth-grader at Kendall with a tree on Friday. The club has been doing this for more than 10 years in celebration of Arbor Day and Earth Day.
Kendall Lions talk to students about community service and the importance of Earth Day. The trees are donated by Flower City Tree, which gives back to the community by purchasing from the Orleans County Soil & Water Conservation District, the Lions Club said.
By Tom Rivers, Editor Posted 20 April 2023 at 1:49 pm
Photo by Tom Rivers: Nick Picardo, Kendall Central School superintendent, holds a new name plate for Board of Education member Rachel Fisken. Picardo presented new name plates for board members that were made by students using a laser engraver. Audra Keirn, the district clerk, is in back.
KENDALL – The Kendall Board of Education has adopted a $20,413,805 school budget for 2023-24 that doesn’t raise the tax levy. The budget goes before voters on May 16 with polls open from 6 a.m. to 9 p.m. at the Kendall Town Hall.
Overall spending is up 2.9 percent in the budget compared to the $19,822,921 in 2022-23. The district is able to hold off on a tax increase mainly due to a big increase in Foundation Aid from the state.
The state budget is yet to be finalized, but Gov. Kathy Hochul proposed a 12.95 percent in Foundation Aid or by $1,086,108 – from $8,382,316 to $9,468,424. Nick Picardo, the district superintendent, said that increase helps make the district whole on lagging Foundation Aid in previous years.
He noted during Wednesday’s BOE meeting that state aid covers 74 percent of the district overall budget. The total state aid for Kendall is proposed to increase by $1,774,288 or 12.64 percent to $15,806,286, which would be 77.4 percent of the proposed budget.
Property taxes through the tax levy would stay at $4,964,656.
Kendall voters also will be asked to approve up to $350,000 from a Transportation Bus Reserve Fund to replace two full-size buses. Those buses are currently on the market for $165,000 to $170,000 each. The $350,000 cap gives the district some wiggle room if the price is higher than expected, Picardo said.
There is one candidate on the ballot for a five-year term on the Board of Election. Rachel Fisken, the current vice president, is unopposed for re-election.
By Tom Rivers, Editor Posted 20 April 2023 at 11:11 am
Code of Conduct Committee also recommends against hoodies covering head
KENDALL – The school district, in an annual review of its code of conduct polices, is being asked to not allow cell phones for students in grades prekindergarten to 8.
The phones would have to stay in lockers or in caddies that hold the phones for a classroom. In the high school, grades 9 to 12, cell phones in the classroom would remain at teacher discretion.
“The big discussion is about cell phones in the school and accessibility,” High School Principal Carol D’Agostino said during a public hearing on Wednesday evening about the code of conduct. “It is very distracting.”
Students are often inundated with dinging or vibrations from texts and other messages through their phones, she said.
The Code of Conduct Committee, which surveyed teachers for their input, also is urging the district to not allow hoodies to be worn in school in a way that covers a head. Those sweatshirts can be worn as long as the hood is down, according to the committee’s recommendation.
The code of conduct was revised for this school year to allow hats and hoodies to be worn, but teachers, in a survey and in staff meetings, have urged the district to not allow the hoodies, D’Agostino said.
Some students pull the hoodies over their heads and wear ear pods, listening to music during class. Or some just put on the hoodie and disengage with the class, D’Agostino said.
When students wear hats, their ears aren’t covered and students aren’t shutting themselves off from interacting with others, she said.
The committee also put in language about “sexting” including where students can not send sexually explicit messages, including where the face of a person is not included but a naked image or sexual act is shown. D’Agostino said some students send messages without an identifiable face in an image and will falsely claim it is a student, often leading to humiliation.
The district’s Code of Conduct Committee does an annual review of policies and makes recommendations of changes to the Board of Education. The board typically has the hearing in April and will vote on the changes in June.
Kevin Watson, the elementary school principal, said he expects the district will need a policy in the near future for artificial intelligence chatbots that can write essays and answer math problems. He can foresee AI being used to complete homework. The district, perhaps as soon as next year, could consider a policy stating students need to do their own work without utilizing AI for assignments.
By Tom Rivers, Editor Posted 31 March 2023 at 7:31 am
‘Her drive for students to succeed both in and out of the classroom has been second to none.’
File photos: (Left) Carol D’Agostino, Kendall’s Jr./Sr. High School principal, presents a diploma to Alanna Gordon on June 23, 2017 during commencement at the school auditorium. D’Agostino present ed diplomas to about 1,000 students during her career. (Right) D’Agostino is shown inside the junior-senior high school which received extensive renovations during her tenure.
KENDALL – Carol D’Agostino has announced she will be retiring on June 30, leaving a dream job for her that she started nearly 18 years ago as principal at Kendall Junior-Senior High School.
D’Agostino grew up and graduated from Kendall. She was working at Albion as a high school vice principal when the position opened in her home district.
Kendall is doing a full search process to find D’Agostino’s replacement, said Nick Picardo, the district superintendent.
“For the past 18 years, Carol has passionately dedicated her time as principal to the students of Kendall,” Picardo said. “Her drive for students to succeed both in and out of the classroom has been second to none. Carol’s student-centered approach has helped to shape hundreds of students as they crossed the stage at graduation.”
Kendall is a high-performing district academically. It is included among the top high schools in the country in the annual U.S. News & World Report ranking.
D’Agostino was a member of the Lawnchair Ladies.
“I know our results are good academically,” D’Agostino said. “We don’t have major behavioral problems. We are like a little private school in the public school setting.”
D’Agostino has three grown children and her 10 grandchildren are all in the Kendall district. She went to college a little later than usual to be home when her children were young. She earned a bachelor’s degree in math at age 32.
Then she earned her certification in elementary education and high school math. She followed that with a master’s degree to be a reading specialist and then earned her administrative certification.
She started as a substitute teacher aide at the Monroe 2-Orleans BOCES based in Spencerport, and developed a love for education.
Her first full-time job as a teacher was for second grade in Albion.
“I just loved those years,” she said. “They are every special to me.”
She was asked by Ron Sodoma, the Albion district superintendent at the time, to move to the high school and teach math because there was a hard-to-fill vacancy. She did that job for four years and then worked for the district as a MST (Math, Science and Technology) coordinator before taking the job as high school vice principal.
The job leading the junior-senior high school at Kendall then opened and D’Agostino was thrilled to be hired in her hometown.
She has been an enthusiastic presence at Kendall, even performing with students in a cameo role in the recent Annie musical. She also was member for many years with the Kendall Lawnchair Ladies.
She is well regarded outside Kendall and serves on the boards for the Orleans Economic Development Agency, Orleans County United Way, and the Community Services Board for Orleans County.
“I’ve really tried to represent Kendall the best I can,” she said about the boards. “I want Kendall’s voice can be heard, too. Each of these boards serve different elements of the community. They can bring powerful programs to students and their families.”
D’Agostino considered retiring sooner, but wanted to see the district through the challenges of the Covid pandemic and also the transition to a new a superintendent. She feels like the district is in a great place right now.
“I tried to be a true student advocate and treat every student as my own and what I would want for them,” she said. “We help everyone meet their potential – academic, social and emotional.”
Carol D’Agostino addresses the graduates and the crowd during an outdoor graduation ceremony on June 26, 2020. She is joined on stage by Lisa Levett (left), president of the Board of Education, and Julie Christensen, the district superintendent. The stage was donated for use by Kludt Farms and Christ Farms decorated the stage for the event.
D’Agostino showed her creativity and determination in the Covid pandemic, especially with graduation in late June 2020.
Many of the districts recorded students receiving their diplomas individually, and compiled a video for graduation. Districts weren’t able to do indoor ceremonies nut could do them outdoors if capped at 150 people. The state at the time allowed groups of people to count as one person if they stayed in or by a vehicle.
Kendall decided to hold the graduation outdoors in the grounds by the fire department. D’Agostino and the district wanted the grads to have that moment as a class together.
“These milestones are so critical to students,” she said. “We wanted a graduation ceremony. Your graduation ceremony is a rite of passion. Everyone will remember that. We worked with health department to keep it safe and meet the regulations.”
Kendall students, teachers and staff wore pink for the principal battling breast cancer in this photo from February 2017.
D’Agostino said Kendall is a nurturing community and she experienced that love in 2017 while she was battling breast cancer for the second time.
About 300 students, teachers and staff wore pink “Kendall Strong 2017 Team Mrs. D” T-shirts during an assembly in February 2017 in honor of D’Agostino.
D’Agostino said that show of support is just one of the many ways the Kendall community rallies around someone facing a difficult challenge.
“When I had breast cancer they had T-shirts for everyone,” she recalled. “It was an outpouring of love and support. It made such a difference. I have been blessed being a part of Kendall community.”
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.
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.”
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.
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.
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.
