April 22, 2008 Dear Bob, At the annual stockholders meeting on April 1, 2008, you asked me “WHY” I’ve chosen a legal course of action against the owners of Hen Island and the Board of Directors. You also stated at the meeting that you believed many of the other stockholders had no idea why these legal proceedings were occurring. Although I do believe that many are aware, I hope this letter will help clarify your question of “WHY”. There are lots of “WHYS.” First, as a homeowner and resident of Hen Island, I am naturally concerned for the health and safety of my family and myself. I am concerned for other residents and visitors to the island. But I am equally concerned for the wildlife and natural habitat – someone has to speak for them when board members turn blind eyes and deaf ears to the many environmental problems we face. Secondly, Hen Island, in its current condition, is riddled with health and safety problems ranging from the unsightly, to the downright dangerous. Such examples are as follows:
“… at all times be kept free of litter, garbage, and all sewage, and drain water shall be carefully contained therein and sanitarily disposed of and no litter, garbage, sewage or drainage shall be discharged or permitted to be discharged into the environing waters.” These covenants were not written by a group of current environmentalists protecting the waters. They were created by the prior landowners to protect us from ourselves should we become lackadaisical with our environmental concerns, as we have over the years. In addition, our failure to adhere to the deed restrictions and the laws will only expose the stockholders to unnecessary liability exposure should someone get injured or sick. Hen Island is geographically unconnected to the mainland, but it is not an independent kingdom. Hen Island is subject to the same health, safety, and environmental laws that apply to the rest of Rye, Westchester County and New York State. In my twelve years on Hen Island, I have managed to form a group of concerned owners. Together, we have stopped other Islanders from burying their garbage in the rear common areas. We have removed literally, tons of trash, broken glass and debris from the island. We have advised the board and planted hundreds of indigenous plants to help fight erosion on the Island. We have encouraged cottage owners to purchase and install art throughout the north end, and we have helped coordinate many repair projects neglected on the Island for many years in addition to performing ground maintenance and mosquito control on the north end. I have made repeated attempts to work with the Board to clean up the numerous health and safety concerns on Hen Island. Each and every time, I have been met with repeated refusals to acknowledge that such problems even exist. I was left with no other course of action but a legal one. I love Hen Island. To me, there is no more beautiful place on earth. I have an uncommon spiritual connection to Hen Island and the surrounding waters. I want Hen Island and its surroundings to thrive. It is because I feel this way that I am so actively involved in trying to clean it up and make Hen Island a safe place where our children and adults can swim in our waters and play on our shores. The controversy over what needs fixing on Hen Island is unfortunate, but not unfixable. I was distressed to hear many stockholders calling for my removal from the corporation because of the attention being drawn due to my concerns and legal actions, and I especially, take offense with your statement’ “I am destroying the Island.” I am hopeful that one day fellow Hen Islanders and you will see the value of making Hen Island a safe, comfortable, healthy and environmentally friendly place to live. In the meantime, I will continue to work for improvement on the Island. I intend to ensure that the waters all around us are safe for everyone, including the fish and wildlife. My group of concerned and involved members has established a website WWW.HEALTHEHARBOR.COM to expose many of the volatile issues, as well as, all the building, safety and environmental codes being ignored on Hen Island. It is our hope that this exposure will exert pressure on all involved in allowing Hen Island to stay non-compliant. It is also my hope that you and others who feel Hen Island is fine the way it is, will view this site and have a change of heart. These series of legal proceedings are about being safe and pollution free in our own backyards and about living in harmony with nature. I hope I have been able to answer your question of “Why” Bob. I hope this e-mail and our newly formed website will help you to re-evaluate your position with regards to the environment on and around Hen Island and finds you enjoying your Earth Day of 2008, Ray Tartaglione |