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

[irate citizen]

You've got to be kidding me. A self proclaimed environmentalist is applying pesticides at the waters edge on the LI Sound? No environmentalist would ever advocate chemical solutions to a natural habitat like Milton Harbor. I don't care if you drink bird feces or not, I don't want to swimming in your larvacides as they wash in to Milton Harbor or witness the extermination of any of the wildlife that I observe every time I use Milton Harbor. What the hell is going on?

[Say what?]

Ever see this link?

http://www.chem-tox.com/brevard/encephalitis/index.htm

It's what happens when people run around thinking they know what they're doing when in fact they don't know their ass from their elbow.

You write "The test spraying was done first with regular household garlic and finally a larvacide that is still used by the city of Rye today ..... But to do nothing and try to pretend that Hen Island doesn’t have the most serious infestation in Westchester County, is what is criminal. "

Larvacides are hazardous to marine life and wild life. Are you saying that your test spraying of pesticides without proper credentials and training is not criminal but pretending there are no mosquitoes on Hen Island is? WTF? Great. Why are you putting larvicides on the ground that wash into the Sound when you claim the biggest problem is the water tanks? That doesn't make sense. Why not just ask your neighbors if they bleached their tanks ? Instead , are you saying you unconditionally applied larvicides? The lobsters disappeared around Hen Island during the times you were performing test sprays. Additionally, no one has ever claimed there were no mosquitoes on Hen Island. To do so would get you blank stares considering half of Hen Island is saltwater marshland. The problem is you didn't do your due diligence and obviously the Hen Island life isn't for you. If your afraid of a tiny little mosquito you shouldn't be on Hen Island.

[Ray Tartaglione]

I was president in 2001. At that time the Board of Directors did implemented a mosquito control program. I did support that project but only after another board member and I attended a mosquito control educational program given by Clark Mosquito Control. This was the same classes attended by most of the municipalities in Westchester County. Clark is also the same company that Westchester County contracted with to handle mosquito control during the height of the WNV epidemic. To date they are still under contract in a number of sound shore communities. I think that was and still is the responsible thing to do. Maybe you are not aware of a few facts that I would like to make you aware of;

1. Rye has been one of the first communities in Westchester testing positive for West Nile Virus (WNV) year after year. That being said, I feel Rye should be a leader in mosquito control. Rye should also pay close attention to the failures of the Hen Island community to control mosquitoes as Hen Island is also responsible for much of the mosquito discomfort in Greenhaven and Milton Point.

That does not mean spraying. Spraying should always be the last alterative (and I emphasize last) in any good mosquito control program.

2. The first and best defense against WNV is to remove all standing water. Hen Island cannot remove standing water because each home needs to store water for its domestic use. And store water they do, to the tune of 1000 gallons per cottage. Times 33 cottages equals 33000 gallons of stored water on Hen Island.
http://healtheharbor.com/gallery/pages/water/water2.html

Not only does the stored water encourage the growth of the mosquito population but it also threatens the safety of our residents because the water is collected from rooftops where the birds defecate. This is the water Hen Islanders use for personal hygiene and bathing, washing kitchen utensils, dishes, ECT...

3. In 2001 at the height of the WNV epidemic, some of the Board members were encouraging residents of Hen Island to bury dead birds rather than report them to the Health Department. The first Board member making that suggestion that comes to mind happens to be the mother of Mayor French’s neighbor, Lorraine Volpe. Mayor French visited Hen Island at the request of the Volpe’s before the election. But he has refused to visit when I asked him to tour the Island with me and observe the leaking septic systems. Interestingly enough to date, Catherin Parker has been the only council person concerned enough to take a tour.

Additionally a representative from Clark Mosquito Control drove from Mass. to Rye to address the stockholders and educate them in mosquito control, only to be ban from the meeting by the Board of Directors.

4. Part of the test mosquito control program implemented in 2001 on Hen Island included the installation of bat and bird houses, the purchase and use of mosquito magnets, the encouragement of residents to purchase sealed water storage tanks, regular lawn maintenance never before required on Hen Island just to mention a few. The test spraying was done first with regular household garlic and finally a larvacide that is still used by the city of Rye today. Personally I wouldn’t care if you caught the mosquitoes with chop sticks. But to do nothing and try to pretend that Hen Island doesn’t have the most serious infestation in Westchester County, is what is criminal.

[It doesn't add up]

"The sad part is that the past administrations have been enablers and they allowed this to continue day after day, year after year. "

Did you consider yourself "aiding and abetting" when you served as the President of the board just a few short years ago? Did your workers spray pesticides on the island without licenses before the corporation stripped you of the presidency ,threw you off the board and banned pesticide use on the island? Is the act of spraying pesticides in a wetlands without licenses criminal? Licensed pesticide sprayers are required to keep a record of what pesticides they spray, where they spray them and when they sprayed them. Did you know that? Ever hear of the term "psychological projection"?

[Ray Tartaglione]

Chris,
Personally I could care less about the real estate values on Hen Island. Some of the Islanders applaud my efforts regardless of how it effects the values and some of them agree that the problems should be address but don’t approve of the way in which I am bring attention to the issues.

Last year my home on the Island was vandalized on three occasions, my boat was vandalized twice and also cut loose from it mooring twice, once sustaining over 24 thousand dollars in damages and the other over eight thousand. I am not even going to address the thousands in damages to my cars. The Board of Directors tries to pretend they are a community that is concerned for the environment, Milton Harbor and their neighbors. In actuality they are only interested in keep their cost as low as possible. They want to use the Island and take no responsibility for the environment, the safety of the residents or their actions. Their answer to the problems is we have lived this way for the past fifty eight years so why should we change now.

The sad part is that the past administrations have been enablers and they allowed this to continue day after day, year after year. There has been a lot of movement in the right direction but it has been an up-hill battle. We now have a Mayor that is saying that if you commit crimes against nature it is not Rye's responsibility, it is Westchester County’s problem. Isn’t that a shame?

[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