Carmel Councilman Michael Barile pled guilty Monday in Town of Philipstown Justice Court to one count of theft of services in connection with illegally hooking up a Mahopac restaurant he owns to a town sewer district.
Barile, 67, was arrested by the Putnam County Sheriff’s Department in early January on the Class A misdemeanor charge and could have faced one year in jail. Instead, Judge Stephen Tomann sentenced Barile to a conditional discharge with the explicit condition that Barile fulfill all the obligations contained in a separate administrative settlement agreement with the town.
“Mr. Barile’s conduct in this case exhibited a complete and utter disregard for his community, and, as he admitted today, his actions were criminal. It is particularly egregious that as a sitting town board member, he would commit theft and fail to pay for a public utility that law-abiding taxpayers must pay to use,” said Putnam County District Attorney Robert Tendy.
Tendy stated Barile admitted in court, as the co-owner of Blu Restaurant, located at 825 South Lake Boulevard in the Town of Carmel, he illegally connected the restaurant’s waste system to the public sewer system without permission or authority to do so, and thereby avoided having to pay for using the sewer system as he would otherwise have been required to do.
Barile had previously been served with multiple Notifications of Violation and Cease and Desist orders from the Town of Carmel for the unlawful sewer connection. On December 15, 2020, Supervisor Kenneth Schmitt and councilpersons Robert Schanil, Frank Lombardi, and Suzanne McDonough voted to slap Barile with a $105,000 civil fine for the violations. The estate of Barile’s deceased partner, Thomas Boniello, was also included in that resolution.
Barile, a 45-year resident of Carmel, issued a statement Monday on what he described as a “drawn-out ordeal.”
“Today we – myself, my family and this town – can finally move forward from the drawn-out ordeal that occurred over the past two years regarding the sewer line hookup at the restaurant, formerly known as Blu. Monday, I pled guilty for unauthorized use from September 4, 2019 to April 2020,” Barile stated.
“It is extremely upsetting that members of the town board felt they were unable to speak to me, even after I offered my detailed records, and volunteered to answer any questions or concerns there may be. Instead of collaboratively resolving the matter, certain individuals sought to hire expensive out of state counsel,” he continued.
“I hope for the remainder of my term we can see past this ongoing charade and remember why I took this position in the first place – to expose the corruption and waste that continues to transpire throughout this town. I promise to faithfully perform my duties until the conclusion of my term, and I hope that someone is willing to continue to do so after my term is up.”
Last year, Barile pled guilty to disorderly conduct, a violation, after getting into a spat with a Journal News columnist in September 2019 and throwing his cell phone out the door of the meeting room into the parking lot.