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State Comptroller Releases Final Audit Report of Yorktown

The final report from the New York State Comptroller’s office of their audit of the Town of Yorktown was released to town officials on Friday.

The final report from the New York State Comptroller’s office of their audit of the town of Yorktown was released today.

Titled “Ethics and Internal Controls over Purchasing Practices and Computer Use,” the report covers the time period from Jan. 1, 2007 to May 13, 2010 that was the focus of their year-long investigation.

The final audit report was released along with a press release from the Supervisor's Office. 

, and town officials it. 

The final report includes some corrections to . It also includes comments from Yorktown officials who responded to the draft report (which can been seen in Appendix A, starting at page 25 in the report---see attached pdf file).

The audit includes a response from Highway Superintendent Eric Dibartolo, who was the primary subject of the audit. He said (found starting at page 39 in the pdf file) that he volunteered to disclose that he worked for Envirostar company even though it wasn't required, that the town's procurement policy was followed, and that his computer is now locked.

In Appendix B (starting at page 41---see attached pdf file) you can read the rebuttal comments from the Comptroller’s auditors. The State Comptroller's office responded to the town's comments and explained what needed to be changed. 

You can read the Audit Results on page 4. (see attached pdf file). According to the report, "town officials generally agreed with [their] recommendations and indicated that they planned to take corrective action."

In a statement, Yorktown Supervisor Susan Siegel, who requested a financial audit prior to taking office in Jan. 2010, said that most of the "deficiencies or bad practices" noted in the report have already been corrected since she took office.

"We met regularly with the auditors during the course of their investigation, and so we were able to address the problems as they were identified instead of waiting for the report to be issued," Siegel said. "As a result, most of the issues cited have already been corrected with the auditor’s guidance."

Siegel said the town will submit a written Corrective Action Plan (CAP) to the Comptroller’s office within 90 days as required by General Municipal Law. The CAP will explain how the town plans to address any remaining issues cited in the report.

Marlin Lewis August 14, 2011 at 04:07 PM
After reading the report and the responses from the town, the town clerk and the town superintendent of highways, I wonder if criminal charges will be sought by the Westchester DA or state attorney general's office. There appears to be significant violations cited in the report. In my opinion our current supervisor, Mrs. Siegel, has done an admirable job of identifying and fixing problem areas identified in the report. I don't understand why our past supervisors and two of the four current board members didn't foresee problems identified in the report. I heard that the town paid outside consultants/auditors to conduct financial and procedural audits. What did they find during their audits? I'd like to know if the town wasted money on those audits or unlike the comptrollers audit, did the town government cover-up their findings?
Sally Sherman August 14, 2011 at 08:33 PM
How can people in our local town government get away with the things that are mentioned in the report? They should all be ashamed of themselves. I agree with Marlin Lewis in wondering if the Westchester DA or state attorney general will seek criminal charges.
Aristotle August 15, 2011 at 01:10 PM
The State Comptroller’s audit report only touched on a few of Mr. DiBartolo’s activities. Here are some more pieces of information that you might not be aware of: (1) Using a Ford Crown made up to look like an unmarked police car, he attempted to pull over two teenagers. Because of that incident he was forced to surrender the car to the Yorktown Police Department; (2) He used town equipment and personnel to work on then County Supervisor Andrew Spano’s yard and State Senator Vincent Leibell’s property; (3) He used town equipment and personnel for his personal landscaping business and to help fix up his two Yorktown homes; (4) He had at least one highway worker sell used equipment to the town he purchased. He then gave the worker a cut from the sale; (5) He had at least two highway workers solicit voter signatures for his 2009 election primary campaign; (6) He had highway workers hook up a drainage pipe and do landscaping for a homeowner on London Rd. He and a town councilman watched while the work was done; (7) He purchased a specially built Mercedes Benz from the owner of a company that used embezzled money to help finance his construction company. He also purchased construction equipment from that owner for the town. Some of that equipment may have originally been bought using the embezzled money... AND THE LIST GOES ON!
Foil for Truth August 15, 2011 at 06:32 PM
The State’s final audit report is in and it points to a pail full of dead fish and it stinks. Every one of the officials named in this document has been on the job in Yorktown for between 15 and 20 years. When taking the oath of office, you swear to uphold the laws of the lands of the State of New York. For these elected officials to have allowed this activity to go on for so many years and not know the basics of GML (general municipal law) as it pertains to conflicts of interest, bidding, buying, and handing out contracts is quite sad. If you read the responses from the various officials, they all dance around the truth, which is: they knew the way they were conducting themselves was wrong. Even when a number of people brought this to their attention, they were disrespected and blown off. The joke is on them now, how about that? Millions of dollars of questionable spending, where the tax payer was not assured the best bang for the buck according to the State’s findings. This just grazes the surface. A full scale investigation should be called for by the District Attorney of Westchester ASAP. GAS UP THE CARS BOYS !!!!!! Let’s take a ride up to Yorktown, ARE YOU READY? GET SET LETS GO !!!!!!!!!!!
Marlin Lewis August 15, 2011 at 10:17 PM
Part 1: In the town’s response to the comptrollers’ findings, the "Environmental Remediation Services" section states, “February 20, 2009. In accordance with Section 34 of Town Law, the invoice is reviewed and paid in accordance with the signed contract and backup documentation presented.” Didn’t one of the local papers state there was no signed contract between the town and the outside contractor for the oil spill. I believe I read it was Hydro Environmental. The State Comptroller’s report states that the outside contractor did not hire the Superintendent's brother's corporation for the clean-up. They were already on site when they arrived. I believe I also read that the corporation was Envirostar. If that’s true, then there was no contract between the town and/or outside contractor with the Superintendent's brothers' corporation. Therefore the statement cannot be true because no contract existed.
Marlin Lewis August 15, 2011 at 10:21 PM
Part 2: According to the response from the town (see Part 1) it states "...In accordance with Section 34 of Town Law, the invoice is reviewed and paid in accordance with the signed contract and backup documentation presented.” On January 1, 2008 Resolution #3 (Blanket Authority/Sign Contracts) was passed by the town board. It states “Upon motion made by Councilman Campisi, seconded by Councilman Bianco, RESOLVED, that the Town Board hereby grants blanket authority to sign contracts for the Town, without the necessity of express advance approval by the Town Board in each instance in the following circumstances: (A) by a Department Head, upon prior approval by the Supervisor or in the absence of the Supervisor, the Comptroller in each instance, in the event the contract involves a budget expenditure of $2,000 or less and is limited to one (1) year in duration, and (B) by the Supervisor in the event the contract involves any expenditure of not more than $12,500, not to exceed $50,000 in any calendar year and is limited to one year in duration and be it FURTHER RESOLVED, that this blanket authorization shall remain in effect until amended. Peters, Metz, Martorano, Bianco, Campisi Voting Aye Resolution adopted.” If Envirostar was paid more than $73,000, didn’t the supervisor and comptroller exceed the amounts specified in Resolution #3 without town board approval? Isn't that against the law?
Confused August 17, 2011 at 11:08 PM
Okay Mr. Martorano and Mr. Bianco here's an election day question for the two of you. Since you both are up for re-election this year, will you call for Mr. DiBartolo's suspension or resignation based on the CONFIRMED ethical and procedural violations he committed that are reported in the State Comptroller's audit report? Will you continue to take the stance that Mr. Dibartolo has done nothing wrong? Wouldn't it be wise to seek an independent investigation of his alleged improper activities that occurred prior to 2007? Many Yorktown taxpayers cited example after example of his improper activities to the two of you and previous town boards. What did the two of you do? Here's a good example... Nick, as a former detective I would think that you would condemn and not condone his attempt to pull over two teenagers a few years ago while driving the town's Ford Crown Victoria he had made up to look like an unmarked car. Isn't that considered impersonating a police officer? The police report of that incident is available for your review, take a look if you haven't already. Go back and look at some of the complaints that were made over the years. Do you really think some of the things he's done didn't occur prior to the time period the State Comptroller's chose to look at? Gentlemen it's time to step up or step out!
Francis T McVetty August 18, 2011 at 12:05 PM
Confused, It is time YOU step up and stop posting anonymously. What is your name? It is easy to cast aspersions when you don't use your real name. You want the two councilman to step up, how about you? You could be one of the candidates running against them for that matter or maybe a political operative. Your posting here has little meaning without a name attached to it. I also call out "Foil for Truth"to do the same thing. Stop hiding behind a screen name. If you don't have the stones to do that then STFU. I'm tired of this sniping by anonymous individuals. From the postings you see that most people use their own name.
Confused August 18, 2011 at 01:51 PM
Mr. McVetty. As I explained in a previous post I am not running for office nor am I a political operative. I want to remain anonymous as is my right. If you don't like reading my posts than don't read them. I read your posts and sometimes agree and don't agree. It appears that my recent post really upset you. Is it because you didn't think of it first or is it because it might provoke others to ask the same questions. As for casting aspersions, the two gentleman have been on the town board for many years. They need to be held accountable for findings in the state comptrollers' report. Let them answer the questions. As for telling me and others to STFU, we have the right granted by the US First Amendment under Freedom of Speech to ask these questions. I hope you have a good day sir...
Aristotle August 18, 2011 at 03:54 PM
I don't find anything wrong with wishing to remain anonymous...
Sally Sherman August 18, 2011 at 04:00 PM
Gentleman... please stop arguing with each other. I think you both want the same things. I too want to know where Mr. Martorano and Mr. Bianco stand on the findings in the audit report. It affects us all.
Francis T McVetty August 18, 2011 at 04:07 PM
The thing with remaining "anonymous"s that it leads to some to think that you are either out to get a particular person or you have an ax to grind. There are also election implications. Who knows what your reasons are, but not having the stones to acknowledge who you are, is cowardly at the least.
Marlin Lewis August 18, 2011 at 04:30 PM
Mr. McVetty, whatever Confused position is, that person has the right to post anonymously. I don't think it's right for you or anyone else to call a person cowardly. As for having "stones" how do you know that Confused is not female? That's just a joke. Now the reason I am posting today is because I read Mr. Gulitz' post and he says that he appeared at "town board meetings to discuss allegations of problems within the Town of Yorktown. I believe that many of those allegations have been validated in the State Comptroller's audit report." I would like to know what those allegations are? How about it Mr. Gulitz,will you let the rest of us in on the details?
Fred Gulitz August 18, 2011 at 07:12 PM
My reply to Mr. Lewis and others that have asked me to come forward with the allegations I along with my colleagues presented at town board meetings For those of you that do not know, I along with a colleague of mine are being sued by Mr. DiBartolo. I would love to express my opinion but under advisement of my attorney I cannot do so. All my allegations along with supporting documentation and information will be presented in a court of law. My colleague and I are looking forward to that day.
Francis T McVetty August 18, 2011 at 08:37 PM
Martin, if you don't know me by now I call a spade a spade. I don't like the drive by people. They stir the pot with NO regards of the consequences because they are anonymous. They act much like a member of mob. They lose themselves in the crowd an therefore really don't suffer the consequences of their actions. On the Other hand there are people like Mr Gulitz that DO take a stand. I would believe more of what he says than a person who is TOO cowardly to use his/her real name. But that is just me.
Plamena Pesheva (Editor) August 19, 2011 at 04:40 PM
Hi everyone, I have taken down two comments because they were personal attacks. Please everyone remain civil to each other. We don't allow posts that accuse people of criminal acts without acting up. If there are any reports of criminal tampering of evidence or anyone has had a brick thrown through their window and we missed it in the police blotter, Patch wants to know. Thanks.
Francis T McVetty August 19, 2011 at 05:55 PM
Plamena, I don't think that my post protesting an accusation of criminality was a personal attack. As to my comment on people that post "anonymously" , I also don't see that as a personal attack. In fact, the posting by snakeeyes or what ever his "name" was, just went to show those who thought that I was wrong, that they were wrong. The first amendment does have limitations. One, you can't yell out fire in a theater. Number two, there are liable and slander laws. You can't go out and liable someone without consequences. Oh wait, yes you can when, you hide behind a pseudo name.
Confused August 19, 2011 at 06:33 PM
Mr. McVetty; I would like to add my two cents. I myself at times have gotten out of hand with some of my comments. I apologize to all. As you have been reading my comments, I'm sure you will note that my views pertain to certain people who have held or are currently holding office in the Yorktown government. In particular Mr. DiBartolo, Mr. Martorano, Mr. Bianco, Ms. Goldberg and Mr. Peters. I know you want to know who I am and what my agenda is. I've already stated that I wish to remain anonymous. I may be a town highway worker, sewer department employee, water treatment plant employee, town police officer, recreation department employee, central garage employee, etc. You get where I'm going with this. To divulge my name would bring severe consequences to me and my family. Let me say this. I know that Mr. Gulitz and two of his associates, Bill LaPierre and Steve Gardner have been collecting documentation through the FOIL process. I've seen the documentation they collected and read the accusations they made. I have watched town board meetings where they've spoken. It seems that the three of them have stood their ground and presented facts. Why is it no one wants to stand with them. Why don't you look for yourself at the accusations and see if they are true. Take a look at the accusations in Aristotle's post. Check for yourself. Don't pass off information from anonymous people as being false. We have to remain anonymous. Will you join us in our quest for the truth?
Francis T McVetty August 19, 2011 at 07:42 PM
I can understand YOUR reasoning. I will look into what documentation that I can find. But again for some to post hearsay accusations anonymously doesn't add to their credibility. If the facts warrant it, you know that the Westchester district attorneys office will look into to them, if in fact they aren't already. Sometimes these investigations take a while. You can see how long it to to convict and put our senator in jail. Be patient, things have a way of working out.
Confused August 19, 2011 at 08:11 PM
Thank you Francis. An objective review of the accusations by you will be appreciated no matter what conclusions you may come to. All my best... Confused
Joe August 21, 2011 at 08:27 PM
Francis has a "rant" issues and comments towards others are not appropriate, saw many of his posts, will see about having this person banned from The Patch.
Francis T McVetty August 21, 2011 at 08:49 PM
Joe, you remind me of something that happened in the USSR many years ago. The question was asked was there still free speech in Russia, the answer was yes, but the speakers are dead. I guess you don't like the way I put things, do you? Sometimes it takes something outrageous to get a point across. I will leave it at that because you will accuse me of "ranting".
Joe August 21, 2011 at 08:59 PM
There is Free Speech here in the US , however here in the US we should respect each other, talk about the issue, and do not personally attack people as you just did with me now, and others as well it is not acceptable and will not be tolorated, point blank, simple. Releasing anger is a good thing, however you may be going about the wrong way with your personal attacks on others in these posts....get a punching bag, walk it off, do something creative to release all this anger that is inside you.
Confused August 21, 2011 at 09:09 PM
Gentleman please... Joe, Franics the two of you don't have to argue or carry on the way the two of you have against one another. Yes I sit behind a veil of anonymity. I do use that anonymity to express what I would like to shout out in public. Let's remember that the reason we post to these articles is to express our feelings in response to the article or in response to someone else's comments. No sense fighting each other. Agree to disagree. We don't want Plamena or anyone else censoring what we have to say... do we?
Joe August 21, 2011 at 09:15 PM
Me either
Francis T McVetty August 25, 2011 at 07:43 PM
It does look like TOTAL mismanagement by ALL. As I have written previously, the vendetta by the Supervisor against the Highway superintendent has cost us money. They gave him added responsibility by adding departments to his oversight. Then they took them away. Couldn't take the money away that they were paying him for these though. Went out an opened a position for the water department at 85 k. From what I remember, the highway superintendent was being compensated with 15K for doing the job. How about the moving of the garages so it wouldn't be under the supervision of the highway superintendent? Consolidation and then not. Wasted money over a turf dispute. That is NOT what the taxpayers of Yorktown want or need. We need a change from top to bottom.
Sir August 25, 2011 at 07:55 PM
If everyone would channel their negative energy into something positive, we would be so much better off.
Francis T McVetty August 25, 2011 at 08:07 PM
Jerry, that is psycho babble. These are critiques of government. They are observations by the common folk. We have that right to object, so far, in the way our government is being run.
Sir August 25, 2011 at 08:46 PM
I agree, we all have rights. What I am suggesting is that YOU turn from a very negative, find something wrong, I'm entitiled individual to doing something constructive. You are your own worst enemy. You are dying inside but can't see it.
Francis T McVetty August 25, 2011 at 10:04 PM
Jerry, I'm not dying from the inside. My life is being destroyed by an the ever increasing greed of our government. I am entitled to keep what I have earned with hard work over the years. I have a president that wants me to share MY wealth. If I want to give money to charity, I will do that. These discussions have the effect in waking people up to what is going on.That, in my opinion, IS constructive. If you want to keep thinking that everything is fine, that is OK. Too many people have NO idea what is going on in our country other than the reality shows.They know more about who is on American idol than what is going on in the government.

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