News: Rye City Finally Gives a Cr*p About Hen Island, Demands Clean-Up

In a remarkable turn of events, Rye City finally seems to give a cr*p about Hen Island.

In letters to Kuder Island Colony, Inc.(the cooperative that owns the 34 homes on the island) and the Westchester Division of Environmental Health, Rye City officials discuss actual and alleged health, environmental and building code violations on the island. For issues under their jurisdiction, the city has demanded remediation. Excerpts from the letter and the actual documents are below.

Attention to the Hen Island and allegations of leaking sewage into Long Island Sound has been brought to life by island homeowner Ray Tartaglione and Mr. Floatie, a seven foot turd that serves as the mascot of Tartaglione's advocacy group, Heal the Harbor. The island, sans its problems, is a remarkably beautiful place in Rye's Milton Harbor.

 

Still, Ben Minard, the president of Kuder Island Colony, issued fighting words about Tartaglione in an email to fellow Hen Islanders on April 14th. Tartaglione has had a contentious relationship and ongoing legal battle with fellow homeowners for years. In Minard's email he says:

"Today, we were notified that the City of Rye has issued a violation against Hen Island based upon their visit to the island on April 1st, 2009.  As you will recall from our shareholder meeting on April 7th, the Board informed you that the Island was under attack by Mr. Tartaglione and that he was making every effort to damage the Corporation and through it, you the shareholders. In support of that, I am forwarding to you for your review a copy (below) of the spiteful and scurrilous accusations that Mr. Tartaglione is making against your individual cottages.

On Wednesday evening, April 15th, members of the board will be at the Rye City Council meeting to represent us. Any of you who would be interested in attending, would be more than welcome, to support the Island and your corporation."

The First Letter to Kuder Island Colony

In a letter to Kudder Island Colony on April 8, 2009, Rye City's building inspector Vincent Tamburo itemized at least eight violations across many of the homes on the island. These violations, all under Rye jurisdiction, include fire code violations around the unsafe storage of propane tanks, structures in need or repair and possible structural issues with four of the homes. The letter concludes:

"You are hereby notified of the above conditions and are directed to correct them immediately. A follow up inspection will be necessary.

It is sincerely hoped that further action by this department will not be necessary and that you will cooperate in correcting these conditions."

The Second Letter to the Westchester Division of Environmental Health

In a second letter to Deputy Commissioner Leonard Meyerson of the Westchester Division of Environmental Health dated April 9, 2009, Rye's acting city manager Frank Culross forwards a three page list of "alleged violations... submitted to us by Mr. Ray Tartaglione". It references the April 8th letter (above) and notes that many of the matters are under the jurisdiction of Westchester County. The letter says "We respectfully request that your agency undertake a review of these matter under your jurisdiction and take whatever action you deem appropriated." 

The most serious allegations are under county jurisdiction including improper sewage controls, rodent infestations, lack of potable water and mosquito infestations. According to Tartaglione, Deputy Commissioner Leonard Meyerson has been completely unresponsive in the past.

Tartaglione told MyRye.com "Although the city of Rye has written violations that are very significant the sewage and potable water issues have not been addressed as of yet. I do commend the City for taking a giant forward step in rectifying the Hen Island conflict and hope that we can continue the forward motion. Hopefully Deputy Commissioner Lenny Meyerson and the Westchester County Department of Health will also reconsider their previous position. Should he refuse to do so, the city of Rye has the authority along with the laws and codes to force compliance should the health commissioner fail once again."

Read both letters yourself. What do you think? Leave a comment below.

Item number 10 on the city council agenda for Wednesday night (April 15, 2009) is an update on Hen Island. It is the council's chance to finally flush Mr. Floatie away (after proper and environmentally safe treatment, of course).

Comments

[Ray Tartaglione]

Quincy,
Is this a picture of your water supply system?
http://healtheharbor.com/gallery/pages/water/water10.html
Ray Tartaglione
http://www.youtube.com/watch?v=mEVYeKIvxuA

[HEALtheHARBOR.com]

The Better Part of Discretion -- Responsibility
People should understand that elected officials may -- if they choose -- opt not to enforce the laws. This is called discretionary enforcement. Undoubtedly, there's a time and a place where such "discretion" is appropriate. The Hen Island untreated sewage and contaminated potable water issues don't fall under that category.

Give Credit ...
The Rye city council did send its inspectors to Hen Island. After more than two years of denying that serious conditions existed, the city at last acknowledged the problems and this spring wrote violations to Hen Island homeowners for: improper storage of propane tanks, fire hazards, improperly installed solar systems, faulty structural problems ect..ect...ect... Hen Island homeowners are complying.

But not for Jobs Half Done...
The city council, headed and directed by Mayor Otis, is still refusing to write violations for:
the unlawful, unsanitary handling of raw sewage, and the unlawful, unhealthy collection of potable water. Hen Island homeowners are not addressing these issues because no violations have been written.

The mayor claims it's not Rye city's responsibility but Westchester County's. The County has disclaimed jurisdiction for sanitary conditions on Rye's Hen Island effectively dumping the problem back in the lap of Mayor Otis. Why doesn't this city council face up to its obligation to its residents? These problems are real and laws exist to deal with them.

The council seems to be exercising its discretionary enforcement of law against
the populace. Can their choice not to enforce the law be in the best interest of
the people? Hardly. And Rye residents should be made aware of it.

What can you do? If politicians don't act responsibly where discretionary enforcement is concerned, your only recourse is to make a stand in the voting booth. Please remember this November to vote out those council members running for reelection: Mayor Steve Otis and Andy Ball. And remind the other members of the council -- George Pratt, Catherine Parker, Paula Gamache, Mack Cunningham, and Joe Sack -- that you want health and sanitary laws enforced. Don't support elected officials who leave important jobs half done.

The Rye City Mayor may wash his hands of this situation
under the guise of discretionary powers. Please remind
him that just because he don't have to do what's right
doesn't mean he shouldn't. Please pass this on to anyone
from Rye that may be interested and please don't vote
for Steven Otis in Rye on November 3rd.

http://www.youtube.com/watch?v=mEVYeKIvxuA

[HEALtheHARBOR.com]

Mayor Otis Regrets (He’s Unable to Help Today) ... The Rye city council headed by Mayor Otis is still refusing to write violations for: the unlawful, unsanitary handling of raw sewage, and the unlawful, unhealthy collection of potable water on Hen Island. Why? The mayor claims it’s not Rye city’s responsibility but Westchester County's even though Hen Island is located in Rye. The County, under the head-in-the-sand guidance of Deputy Health Commissioner Lenny Meyerson, claims, "no problems exist." These problems are real (it was a Westchester County inspector who determined conditions were so bad as to warrant closing the island two years ago).

Laws exist to deal with them. And (given the childish stance taken by the county) it's Rye's responsibility to do so. The city council did make a start: After learning that it had been misinformed by city manager Paul Shew about conditions on Hen Island, the city council admitted it had made a mistake and finally sent inspectors there. This spring inspectors issued violations to Hen Island homeowners for: improper storage of propane tanks, illegally installed water heaters, and non-compliant solar heating systems.

So why don’t mayor Otis and this city council face up to their obligation to Rye residents and continue to enforce the law? Elected officials may -- if they choose -- opt not to enforce the laws. This is called discretionary enforcement.

Undoubtedly, there’s a time and a place where such “discretion” is appropriate. But the Hen Island untreated sewage and contaminated potable water issues don’t fall under that category. The council seems to be exercising its discretionary enforcement of law against the populace. Can their choice not to enforce the law be in the best interest of the people? Hardly. And Rye residents should be made aware of it.

What can you do? If politicians don’t act responsibly where discretionary enforcement is concerned, your only recourse is to make a stand in the voting booth. Please remember this November 3rd to vote out those council members running for reelection: Mayor Steve Otis and Andy Ball. And remind the other members of the council -- George Pratt, Catherine Parker, Paula Gamache, Mack Cunningham, and Joe Sack -- that you want health and sanitary laws enforced. Don’t support elected officials who won't fix real problems. The Rye city council may wash its hands of this situation under the guise of discretionary powers. Please remind them that just because they don’t have to do what’s right doesn’t mean they shouldn’t.
http://healtheharbor.com/gallery/video/sewage.html

Ray Tartaglione
http://www.HEALtheHARBOR.com

[RyeLifer]

OKAY, I'LL Buy into the Culross thing. I'm still very baffled with the Judge Lane thing? How or Why would he fit on such a INFAMOUS LIST?
Scooter, You are so right, I can see what I ate for lunch,
I just haven't finished chewing you up and spitting you out yet!!!
Mr.Floatie I am a big fan of yours and just love the last paragraph!!! How about you Scooter,wasn't it GRAND?

[excaptain]

You left out,

Board of fire Wardens

volunteer fire chiefs

[Buy? drologist]

Culross hired Novak, Shew and Schembri. For that alone he deserves to be in the Misfit Hall of Fame.

[Mr. Floatie]

Scooter,
I can always see what you ate for lunch. I can see everything inside of you. I can even see that you are all bound up. (That is not good Scooter) Here is a little song for you to sing along with to “relieve you”:

http://healtheharbor.com/video/mrfloatie.html

And after you are done with the song and the video here is a little Floatie fact about manure that you may find interesting.

In the 16th and 17th centuries, everything had to be transported by ship and it was also before commercial fertilizer's invention, so large shipments of manure were common.
It was shipped dry, because in dry form it weighed a
lot less than when wet, but once water (at sea) hit it, it not only became heavier, but the process of fermentation began again, of which a by product is methane gas. As the stuff was stored below decks in bundles you can see what could (and did) happen.
Methane began to build up below decks and the first
time someone came below at night with a lantern, BOOOOM!
Several ships were destroyed in this manner before
it was determined just what was happening. After that, the bundles of manure were always stamped with the term 'Ship High In Trans it' on them, which meant for the sailors to stow it high enough off the lower decks so that any water that came into the hold would not touch this volatile cargo and start the production of methane.
Thus evolved the term ' S.H.I.T ‘, (Ship High In Transport) which has come down through the centuries and is in use to this very day, even when reference is made to your head.

[Scooter]

RyeLifer -

Morons like yourself (who have their head so far up their ass they can see what they ate for lunch) belong on the list.

[RyeLifer]

CURLOSS...I'm confused-how does he fit into the misfit list?
Judge Lane...This one I don't get at all.

[Buy? Drologist]

Frank Culross

Kevin Plunkett

Vincenzo Toomey

Dawn Nodarse

Judge Lane