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Home Government The Schubert and Shew Show—Items on the Agenda for City Council Wednesday...

The Schubert and Shew Show—Items on the Agenda for City Council Wednesday – February 25, 2009

The city council agenda is out for Wednesday, February 25, 2009 and it's the Schubert and Shew show. In the agenda the city blithely refers to "980 Forest Avenue" – this is the address of Bob Schubert's property.

See you at 8pm in the Council Room at Rye City Hall or on Cablevision Channel 75 and Verizon Channel 39. We'll also see you on the Internet (next day) at http://rye.peg.tv. Come early, this one might sell out.

Let's check the batting order and highlights from the 19 agenda items. The city council will enter executive session at 7:31 p.m. to discuss real estate matters prior to starting the open meeting at 8pm.

  • Open Mic. Never dull. Residents may be heard who have matters to discuss that do not appear on the agenda.
  • The Schubert and Shew Show Chapter One. Discussion and update of issues regarding the property at 980 Forest Avenue. Think of this as a special "open mic" session – MyRye.com comments, but live.
  • The Schubert and Shew Show Chapter Two. Resolution to authorize up to $5,000 to hire an independent engineering firm to review the hydrology issues at 980 Forest Avenue.
  • The Schubert and Shew Show Chapter Three. Resolution to authorize up to $10,000 to hire an independent counsel to investigate and report on the facts surrounding the issues at 980 Forest Avenue.
  • The Schubert and Shew Show Chapter Four. Resolution to transfer $15,000 from contingency to the Law Department for consultants including an independent Engineering firm and independent Counsel for issues pertaining to 980 Forest Avenue.
  • Everything Else. Including leaf blower, obstructions in the right of way (the white rocks?), oil tank removal at Public Works/Disbrow Park and appointments to the Landmarks Advisory Committee, the Planning Commission, the Recreation Commission and the Traffic & Transportation Committee.

The next regular meeting of the City Council will be held on Wednesday March 11, 2009.


  1. As is almost always the case, the Rye City Council is meeting in secret before the City Council meeting. This time it is under the guise of real estate matters. Yes, real estate located at 980 Forest Avenue.

    There will be a regular meeting of the City Council of the City of Rye on Wednesday, February 25, 2009, at 8:00 p.m. in the Council Room of City Hall. The Council will convene at 7:30 p.m. and it is expected they will adjourn into Executive Session at 7:31 p.m. to discuss real estate matters.

  2. More Site Data –

    A review of the official project documents at city hall appears to indicate that the depth and size of the new Gates drywell caused a penetration of the sub surface impervious clay layer (common throughout this neighborhood) thereby allowing this device to divert existing site water flow directly down and into the water table rather than continue on its natural historical horizontal course to the Schubert wetland.

    Importantly, it is also a matter of public record that other installations attested to in these official plan filings were not in fact completed. These drawings and other relevant papers have been readily available for public and city council review for over 2 years. These documents have in essence been “hiding” in plain sight.

    Site restoration for wetland preservation here would include (1) a removal of the new Gates drywell; (2) a plug of impervious clay of the type common to Milton Point or similar material to fill the resulting hole; (3) an approximately 50 – 60 foot extension of subsurface plastic piping to the southeastern boundary of the Gates property.

    It should be noted that these extension pipes were contemplated on both the “Pre-Built” drawings and the official “As Built” post construction drawings but were apparently not installed. The lack of installation is denoted on the official post construction “As Built” drawing by the reference “to future.” This designation “to future” is simple engineering sophistry.

    The above outlined construction and repair activity would provide conformity with the legal designations on the city approved pre-construction plans (indicating on their face that no change of sub surface water flow to the Schubert wetland was contemplated) and to the actual “As Built” attestations provided by the homeowners and their agents.

    And a final comment here of an editorial nature – fellow readers, this isn’t rocket science. Things of this nature don’t normally take close to 3 years of monthly City Council meetings to investigate. This is the correction of a mundane construction error and the final completion of an existing city approved drainage plan. With very little effort, any member of the council using common sense could have seen questionable issues in the readily available public filings and asked city employees for explanations.

    “Hydrologist” – forsooth.

  3. Question – Who pays for the psychological exam given to Mr. Schubert?

    Mr. Schubert?
    Paul Shrew – private citizen?
    Paul Shrew – Rye City Manager?

    If it is the City Manager then the Rye taxpayers will pay. Is Paul Shrew legally allowed to obligate the City of Rye to commit to pay such an expense?

  4. We all pay for the Westchester County Crisis Team that Shew apparently abused for his own motives.

    What if that Crisis Team, which was not needed at Mr. Schubert’s house, was needed somewhere else? Someone could have paid for Shew’s personal attack on Mr. Schubert with their life.

    Shew wanted to discredit Mr. Schubert. We now learn that the reason Shew wanted to do this was Shew and possibly others were involved in a coverup. I believe Shew should be investigated criminally.

  5. Dear Mr. Chittenden/AKA Wry Record:

    A compassionate act that was instituted in privacy and required permission from the referred party is not a criminal act.


  6. Mr. Schubert never gave Shew permission to call the Crisis Team.

    Once Shew made the call and then the Crisis Team called Mr. Schubert, Mr. Schubert had already been violated and intimidated. Mr. Schubert possibly felt if Shew could do this, what else could Shew be capable of if he didn’t give permission.

    Shew’s intent for making the call to the Crisis Team and how it relates to what is now being reported as a coverup of the facts by Shew surrounding the very person he called the Crisis Team on, seems to me could very well be the subject of a criminal investigation.

  7. Dear Mr. Pick-up,
    If you truly believe that Mr. Schubert’s referral to the Medical Center Crisis team was an act of compassion, then you must truly believe that there are no problems with sewage, building and health issues plaguing Hen Island. As to the required permission, it is my experience ( FYI, I worked in the medical center as a psychiatric attendant during college) that if Mr. Schubert didn’t give them permission to enter his home; the crisis team would have knocked on the door with a subpoena in hand. It is also protocol if eminent danger exists to call the police or paramedics who in return after evaluation of the situation would call the appropriate agency. Why didn’t Mr. Shew call the police? Maybe they would have thought Mr. Shew was mentally challenged for calling, after they spoke to and interviewed Mr. Schubert? Additionally, If Mr. Shew was really concerned about Mr. Schubert mental or physical state, why didn’t he call Mrs. Schubert? Remember Mr. Shew was the person that made questionable remarks about their age difference. I would like to believe that as Chantal followed directions for fear of losing her job, you were following direction with regard to statements you issued about Hen Island for the same reasons. I find that hard to do when you make such statements defending those with red hands. I am hoping that it is all being done under the clothe of true innocent denial and that you are one of the few that don’t have a hand in either one of these cover-ups.

  8. Dear Mr. Tartaglione:

    You made some excellent points.

    Perhaps Shew was being compassionate towards Mr. Schubert when he was covering up this whole matter and while apparently withholding information from or lying to the Rye City Council.

    Has anyone ever seen the looks of hatred and disdain for Mr. Schubert by Shew, Otis, Plunkett and the Rye City Council? To now claim compassion is ridiculous and insulting at best.

  9. Aways inpuning the motives of people with out looking deeper…
    a nasty and poinless attack on Pickup.. Promoting an agenda is one thing doing on the back of other peoples pain is quite another..how sad

  10. Pickup coming out with such a statement in my opinion is a weak attempt at influencing the outcome of any investigation into his boss Shew.

    I believe that it is possible that Pickup has tainted the investigation before it even gets started and brings into question whether he can be unbiased with regard to this case if called upon to do so.

    While serving as Shew’s assistant Pickup’s 2006 salary was $117,520.

    2007 was $131,040 on 1/1/07 and increased to $136,000 on 6/4/07.

    2008 salary was $141,440.

    That is a 20% increase in 2 years.

  11. Well “Disgusted” – don’t you think if the current administration could make a claim of malingering on a prime critic like Wry Record they almost certainly would? Could it be that his injury is legitimate while some of the City’s bad actors we question here are anything but?

  12. Bucky,
    I assume you are referring to me when you say “Promoting an agenda on the back of other people’s pain.
    I am not promoting an agenda. I am simply stating the facts. The problem here is the facts and events of the Schubert cover-up mimic the facts and events of the Hen Island cover-up. I will give you a few examples and you draw your own conclusions.
    The problem Schubert complained about was that the city of Rye did not require his neighbor to get permits before work was done.
    The problems I complain of on Hen Island are the city of Rye did not require my neighbors to get permits before work was done.
    The response that the city has given Mr. Schubert is they do not get involved in disputes between neighbors and Mr. Schubert should take it up with his neighbor.
    The response the city has given me is the dispute is between neighbors and the city should not get involved in disputes between neighbors.
    Bob Schubert states that the city has not enforced chapter 195 of the city code put in place to protect the residents and the environment.
    I have stated that the city has not enforced chapter 195 or many of the other health, safety and building codes put in place to protect the residents and the environment.
    Most importantly Mr. Schubert has stated all along that someone has made grave mistakes with regard to his wetlands.

    The following is what I believe transpired and sparked Mr. Shew’s call to the Medical Center Crisis team. By the way I don’t believe Mr. Shew acted alone and I do believe the call was premeditated and not an act of kindness.
    Mr. Shubert after complaining for three years was building support from some very influential long time Rye residents along with the veterans, seniors and regular Schubert supporters that were behind him from the beginning including Nita Lowey (which is where Mr. Schubert was earlier that day when he first spoke to Mr. Shew. Mr. Shew was upset when he found out that Mr. Schubert was at Mrs. Lowey’s office to begin with) Bob Schubert had recently told his story once again, only this time to the Westchester community via a local Radio show on WVOX called “Midday’s with Meg Miler”. Shubert was an instant success on the radio and this brought Schubert more attention and was building even more momentum that the city didn’t like.
    Bob Schubert complaining about environmental non compliance at the city meetings and all of a sudden here shows Ray Tartaglione with and eight foot turd Mr. Floatie also attending City council meetings, complaining about the same issues. Now so that someone does not connect the dots, one of the two opponents has to be taken out of the picture to reduce the pressure at the city meetings. Seeing as rumors were spreading that Schubert was very distressed and visually weakened after not making any headway with the city council for years, what better way to induce more pressure than to send the crisis team for a visit. For that may really push him over the edge, especially at 86 with cancer and breathing problems. Shew made the call that was heard throughout Westchester and thanks to Chantal’s compassion and feelings the rest is history.
    So Bucky you call it what you like. Should you decide to call it “promoting an agenda on the back of other people’s pain” I would have to disagree. I would call the story despicable and criminal.

  13. Bucky,
    In my business when we see a pattern of similar complaints from clients, we immediately do damage control.
    We speak to the employee involved to try and eliminate the problem in the future. If that doesn’t work we retrain him or her and if the problem is still not eliminated we discharge the employee. But first and foremost we take corrective action for any damage, apologize to the client for the problem and then thank the person for bring the problem to our attention. What happened here in Rye?

    In my last post I didn’t leave you with a clip to watch when you get a minute. So here is one for this post and one for the last.


  14. Will someone please call the Crisis Team for Ray?!?!?

    Jesus…give us a break. You are losing the few supporters you have. Every issue comes back to Hen Island. I am starting to hope that the friggin’ island gets condemned and you are sh*t out of luck.

    Seriously…start acting like a grown up. Please!

    [Anybody want to lay odds that that Ray responds with either a video link, a diatribe on health issues or a scathing attack on my morals???]


  15. Dear Please Stop,
    My address for the crisis team is 101 Westmoreland Ave. White Plains and I am here from 9-5. Seeing as we already have a house account for the Medical Center fleet they can get their vehicle serviced as they interview me.

    Suck it up and get used to it “PS”. The complaints you state are the same complaints I have heard and read about Bob Schubert attending the city council meetings for the past two years. Bob Schubert’s problems have been identified and are hopefully halfway to being fixed.

    The Hen Island cover-up has not yet been acknowledged by the city they are still stonewalling the Hen Island issues as they once did to Shubert. Mr. Floatie, our new ass-istant, and me are here for the long haul. Just sit back and watch the show and if you don’t like it, leave the theater.

    As to growing up, at 54 years old I think it is important that we all retain a small part of our childhood laughter. I may have a little excess that you can borrow. Here is your video.

  16. I guess since all the stonewalling didn’t work people are going to try and attack your character Ray. Good luck.

    Maybe Councilwoman Parker will say you are sullying yourself while Otis and Shew have Plunkett scream at you uncontrollably before they send the Crisis Team.

  17. Well. I guess I should stop writing to these threads before someone is stupid enough to tell me to stop crying/complaining & singing a broken record. I think we are all adult enough to know that this shouldn’t be personal.We need to stick together & concentrate on the tasks @ hand. W/all do respect…it was Mr.Pickup who opened the door with his false assessment,which wouldn’t be the first time. Everyone[Amico,Schubert,Tartaglione,
    Chittenden,etc.] battling w/The City of Rye have all legitimate complaints backed up w/cold hard facts. HONESTLY- HOW MANY OF YOU KNOW OF OTHER MUNICIPALITIES THAT ARE HANDLED IN THIS MANNER?

  18. Jim,
    I have been involved in the real estate business for years in other communities such as Yonkers, Valhalla, Dobbs Ferry, Hastings, Chester, Harrison, Rye, White Plains and a few in Florida. Whenever health, safety or environmental issues arise they are investigated and corrective action implemented immediately. The only exceptions to that rule I have found have been in Dobbs Ferry and Rye. Do you think there is any connection the fact that the town attorney in both communities is Mr. Plunkett?
    I know Dobbs Ferry was directed by the courts to pay my firm almost three million dollars as a result of poor decisions made. Mr. Plunkett defended Dobbs Ferry’s position lost and was still paid for his services.
    I know he was paid to defend Rye in my recent Article 78 preceding. I did lose that one. The court decided my attorneys should have requested a stop work order to prevent the house from being completed before the court made a decision.
    The house in question was built on Hen Island just this summer the owner was allowed to dig a hole in the ground and deposit his grey water. (No health or building department permits required) SOUND FAMILIAR ??? The home still is allowed to use bird feces infected water for the kitchen, bath and shower faucets. To the cities credit the home was required to receive electrical and plumbing inspections. However the city did issue a certificate of Occupancy before the electrical work was completed. I believe that was done in an effort to tell the judge that the house was finished before he made his decision.

  19. In response to FOILs submitted for All legal fees and legal expenses paid to Kevin Plunkett; Thacher Proffitt and Wood; or Delbello Donnellan Weingarten Wise Wiederkehr, LLP from January 1, 2001 thru January 5, 2009, the following information was gathered:

    Dobbs Ferry $974,812 plus $122,500 in salary.

    Eastchester $363,772.

    Irvington $787,741 plus $63,125 in salary.

    Lewisboro $7,100.

    Village of Mamaroneck $2,115,699.

    Mt. Pleasant $676,501.

    New Castle $64,157.

    Town of Ossining $75,615.

    Village of Ossining $8,210.

    Village of Pelham $88.082.

    Tarrytown $305,348.

    Yorktown School District $326,983.

    Pelham School District $201,249.

    Rockland County $624,303.

    Village of Airmont $207,474.

    Nassau County $1,726,863.

    The City of Rye $772,070 plus $407,708 in salary plus Health Insurance.

    This adds up to a whopping $9,919,312. Did I mention that Rye taxpayers pay Plunkett’s Health Insurance premiums?

    Mt. Vernon, Peekskill, White Plains, Port Chester, and Yonkers have so far refused to provide the information.

  20. Wry……………Numbers are only numbers, with thorough explanation, they really mean nothing….It appears you have done a preliminary investigation and turned up what amounts to a $10 million dollar combined invoice for the rather large legal firms you mention..Understanding this covers a period of 9 years, it represents about $1 million dollars a year paid out by many, many municipalities/communities….I’m not sure what your point is. Have the firms been paid too much? Have they been paid for work they did not do?…You fail to mention what work they did for their $1 million dollars…I suspect it was significant…But, obviously, I don’t know.
    I also suspect all the communities you mention were pleased with the representation they had. If not, there would have been actions taken….
    So, your point is?

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