Category Archives: What’s Happening 3

Health Department Meeting Minutes

This memo was prepared on the same date and immediately after the inspection of August 27, 2007.

Hen Island Inspection Report
Hen Island, Rye, New York
Inspection: August 27, 2007

Department of Health represented by:
Deputy Commissioner; Leonard Meyerson
Mosquito Control Department; George Vaselekos
County Sewer and Septic Division; Louise Doyle

The purpose of the inspection was to evaluate the conditions relating to health, safety and welfare of the residents of Hen Island with regards to sewer, potable water, and mosquito infestation.

Issues discussed were:

1. I was advised by Louise Doyle that approvals are only required from the County of Westchester Health Department if the City of Rye requests an applicant to apply to the County for a sewer or septic connection or approval for a reconnection. In the case of the Volpe residence which was rebuilt in 1993 that approval may have been given verbally, possibly by telephone, but there are no records or paper trial that such approval was actually requested or granted.

2. I was advised, and it was confirmed by Commissioner Meyerson, that although the County has no record of any kind with regard to septic or sewage on Hen Island that all of the existing privies are legal and conforming.

3. I was advised by Louise Doyle that the unauthorized reconstruction in progress on Hen Island cottage #27, will only require Health Department approval if the City of Rye requests the applicant to obtain an approval from the County. And if so requested the applicant may be allowed to reconnect to the original privy even though the preexisting non conforming use has not been occupied for over ten years.

4. I was informed by Louise Doyle that it is the position of the Health Department that the privy at the rear of my guest cottage, located less than twenty five feet from my sleeping quarters and less than ten feet from the window of the residence that it services, is covered only by rotted plywood,(that fell apart in my hand as I was holding it) placed over an open pit which emits on occasion, odors and insects, depending upon the number of people in residence, is not considered to be a public health hazard because it is used only in the summer months and at the time of the inspection there were no odors or visual signs of leakage.When asked if she would conduct a inspection on the weekend when the cottage was in use, I was told that she didn’t work on the weekends.

5. I was advised by Commissioner Meyerson that the privy servicing the Sternberg cottage (inspected by the Commissioner on a earlier visit) that is less than ten feet from the rear entrance and rear window of the same residence, and is less than ten feet from the high tide water line is also not in violation of the County Health Codes. During full moons and storm surges the privy is covered with water because it is close to the high water mark of the Long Island Sound. The Health Departments reasoning for not issuing a violation was that the ratio of sewage discharged in the Long Island Sound compared to the amount of water in the Sound was minimal and it is used only in summer months and at the time of the inspection there were no odors or visual signs of leakage.

6. It was agreed that Commissioner Meyerson previously inspected the Cunningham privy which is less than five feet from the residence and in very close proximity to the Sound. It is located above ground, a two feet by two feet block covered vault and used only in the summer months. It empties into the ground and because at the time of the inspection there were no odors or visual signs of leakage it was reasoned by Louise Doyle that this waste disposal vault was not in violation of any sanitary codes.

7. With reference to the potable water issue I was given to understand by Commissioner Meyerson that by simply “advising the cottage owners to post signage stating that ‘water dispensed from this faucet is not fit for human consumption’ would allow the cottages to conform to the health and safety standards in Westchester County therefore releasing the County from any future liability.

8. I was advised by George Vaselekos that the position of the Health Department with regards to the mosquito infestation is that as long as the vast majority of the mosquitoes on Hen Island are not of the Culex species, the infestation is not considered to be a health concern even though children and adults have been treated for innumerable mosquito bites and allergic reactions as a result of thoes bites, and therefore refuse to return to the Island. I was advised that many water front home are sold on a regular basis to avoid the mosquito nuisance and health concerns. Thus inplying if I am not happy with the infestation I should sell my home.

9. It was noted by George Vaselekos that the rat infestation on Hen Island is an “easy fix”. I noted that if violations were issued requiring that appropriate steps be taken to solve this problem it would be an easy fix.

The City of Rye

On July 17th, 2007, the City of Rye Building Department inspector, Vincent Tamburro, Ron Gatto, Westchester’s lead investigator on The Westchester County Environmental Enforcement Unit and The Westchester County Health Department Sanitarian, Matthew Smith conducted an inspection/investigation on Hen Island.

Vincent Tamburro, as well as the other officials, agreed on the many volatile violations present on Hen Island. The only questions at the time were who the lead agency would be and to whom the County legal department or the City of Rye would issue summonses to, the homeowners or the corporate owners (Kuder Island Colony Inc).

It was evident that the violations were present and serious. (Westchester County Environmental Security Specialist, Steven Carol documented this investigation in video).

At the time of the investigation, Mr. Tamburro was given a list of building and safety code violations in addition to the sewer, water and mosquito infestation complaints. The list included items such as a staircase with a missing rail, rodent infestations,electrical and propane systems installed improperly, new wall construction,wall expansions, new walkways, debris being used as fill in the buffer zone,steel buried on the beaches for erosion control and sea walls installed below the high-tide water line, all completed without any permits from the required agencies.

After the investigation, Mr. Tartaglione contacted the building department to inquire why the City of Rye had not answered his complaint. He was given the response that “The city attorney’s instructions were not to respond in writing to any of the complaints with regards to Hen Island.”

Following his conversation with the building department, Mr. Tartaglione e-mailed a letter to Mayor Steven Otis and the city council. To date, the only answer he has received as to the violations was as a result of reading the comments in local newspapers.

Assistant City Manager Scott Pickup said, “The City feels that the Island has complied with everything that has been asked of it by the City’s building department based on recent inspections over this summer.” (Ref: Rye Sound Shore Review September 21st, 2007)

Paul Shew, Rye’s city manager, also questioned the validity of Mr. Tartaglione’s claims. Mr. Shew said, “No violations were found when Rye’s building inspector, along with county health and environment officials, inspected the island in July.” (Ref: New York Times September 9th, 2007)

Mr. Shew added, “The city building inspector had last visited Hen Island in July with county Health Department officials and members of the county environmental police. No health violations were observed.

” It’s private property. We have to get permission to go on-site,” Shew said. “If there’s something that comes to our attention, we’ll look at it.”

(Ref: Journal News September 4th, 2007)

Ron Gatto

Time Magazine Article (Handcuffed Cop)

Westchester’s new lead investigator on The Westchester County
Environmental Enforcement Unit

Ron Gatto was assigned to investigate Hen Island and its serious crimes against nature. On July 17th, 2007, Mr. Gatto – along with The City of Rye Building Department Inspector Vincent Tamburro and The Westchester County Health Department Sanitarian, Matthew Smith – conducted an inspection/investigation on Hen Island.

Inspector Gatto along with the other officials, agreed on the many volatile violations present on Hen Island. The only questions at the time were who the lead agency would be and to whom the County legal department would issue summonses to, the homeowners or the Corporate Owners (Kuder Island Colony Inc.).

It was evident that the violations were present and serious. (Westchester County Environmental Security Specialist Steven Carol documented this investigation in video). A short time later Inspector Gatto and his investigative team were removed from the Hen Island investigation and replaced with Deputy Health Commissioner Leonard Meyerson and his team. Suddenly the many volatile violations present on Hen Island were no more. (Why were Inspector Gatto and his team removed from the Hen Island investigation and why were Deputy Commissioner Meyerson and his team replacing them????)

On September 25th 2007, Deputy Commissioner Meyerson of the Westchester County Health Department issued a letter stating “with respect to your concerns about sewage” “That there were no violations of the County’s sanitary codes that would prompt our intervention”. As you can see by reading the linked document, that statement is totally untrue.

Commissioner Meyerson continues to say with regards to the use of water collected and stored from the rooftops and gutters, that “the County does not have any regulations prohibiting this practice”. As you can see by reading the linked document, that statement is also totally untrue.

Commissioner Meyerson also comments on the severe mosquito infestation on Hen Island acknowledging the infestation and the nuisance to humans but insinuating that because the County has never enforced the law with regards to a mosquito infestation, it should never be enforced. We don’t believe that there is any other residential community in Westchester County other than Hen Island that encourages growth of the mosquito larvae due to the large availability of water storage cisterns used for domestic water. The Commissioner further states, “ The department typically advises that the open containment of stagnant ponded water be avoided.” How is that possible when each home needs over seven hundred gallons of ponded water for its domestic use, which the commissioner has just condoned in the previous paragraph?

Letter sent in response to Commissioner Meyerson’s letter of Sept.25th, 2007