Monday, December 28, 2009

Kutztonian 12-28-09

December 28, 2009
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
e-mail kmayor@ptd.net
Kutztown Borough Council
Mayor Green
Borough Officials
45 Railroad St.
Kutztown, Pa 19530
Your Attention Please,
Saturday I received a copy of the Fall\Winter Kutztonian News in the mail. It was nice to see the article about Charlie Company being greeted after 9 months in Iraq. I noticed none of you were there. When I was Mayor I attended many homecomings and farewells of our troops at the Kutztown Armory.
The only other important article in the publication was about your favorite subject, billing the residents. The Kutztonian states and I quote “The Borough of Kutztown is about to simplify your life by taking unified billing one step further!” Isn’t this exciting news, Keith Hill, Eric Ely and Frank Caruso announced this in 2002. And it was news when Jaymes Vettraino awarded a $225,000 contract to a computer firm (New World Systems), without a public bid, from his hometown in Michigan that could not produce the billing. And wasn’t it news in May of 2008 when the Borough awarded a contract to Professional Computer Systems from Iowa for $185,000 to simplify the billing.
Here we are 7 years and $410,000 later and maybe we will have combined billing. Keith Hill and Frank Caruso announced that Hometown Utilicom would do this in 2002. This is another failure of HU and the Administration to complete what they start. It was also announced that in order for the Borough to receive desperately needed revenue from Water and Sewer they will be billed monthly rather than quarterly.
Borough Manager\Treasurer Gabriel Khalife and Information Technology Director Frank Caruso, who combined are compensated about $250,000 a year for their wages and benefits, are in charge of this Borough Business Venture Hometown Utilicom which, I repeat, loses $1 million a year.
This along with high utility rates and wild spending is why the Borough according to the Budget spends $4,200 a year per capita and The City of Reading that spends $750 a year per capita is according to the Commonwealth a distressed city.
I think it is time for you to realize that this wild spending must stop because you can not continue to raise taxes and utility rates and borrow money. The Borough debt is $14 million at this time and the debt service is almost equal to the Police Dept. Budget. I would appreciate a response to this letter. Thank you.
Sincerely,

Gennaro A. Marino P.E.

Thursday, December 24, 2009

MERRY CHRISTMAS 2009

MERRY CHRISTMAS

&

HAPPY NEW YEAR

TO ALL

AND TO ALL A GOOD NIGHT

Monday, December 21, 2009

RIGHT TO KNOW LAW 12-2-09

Today both The Reading Eagle and The Morning Call had articles about Pennsylvania’s Right to Know Law. If all Boroughs, Townships and Cities published their records as required by law we would not need a Right to Know Law? We need the Law because our municipalities and legislators do not want the public to know what they are doing. A good example is the Borough of Kutztown’s business venture Hometown Utilicom. There has never been a complete financial report on HU since its inception in 2002. The number of subscribers and the amount of revenue from this venture, which is not a utility, should be published every month. If the Borough published all the information about HU everyone will see revenue and subscribers are not rising and like I have been saying HU loses 1 million a year.
The Borough should also update the Budget monthly as they did a few years ago. The Borough does not even publish the Annual Budget 90 days after the end of the year as required by the Borough Code.
The Borough Solicitors Barley Snyder and the Borough Auditors Long & Barrell are both well aware of what is going on and permit these Borough Code violations. The Solicitor, the Auditor and the Borough have been together for a long time. Jerry

Saturday, December 19, 2009

Purpose of Blog 12-19-09

The main purpose of this blog is to report news about Kutztown and it turns out to be a debate by the No Names about me personally. My personal life and background have nothing to do with the Borough of Kutztown falsifying the Budget, publishing fraudulent financial reports, altering foremen reports, awarding projects without public bids or contracts etc. Also this blog is not intended to garner comments and all my comments bear my name because they are true and I am proud of them. It would be nice to see constructive criticisms and constructive comments pro and con with ID’s.
I would also appreciate someone going to the Borough’s books and financial reports and prove my figures, claims or accusations are wrong.
I do not have to post positive comments because I have many supporters and I have anywhere from 35 to 50 visitors to my website daily. In fact I have had 1,023 visitors this month to date.
I want to thank everyone for their interest in our Borough and my Blog.
Sincerely, Jerry

Wednesday, December 16, 2009

ELECTRICITY RATE COMPARISONS

The Morning Call of December 16, ’09 (page news 20) has a very informative article comparing electricity by Spencer Soper.

Company Rates per KW House cost per year
PPL est. 10.82 cents est. $1,298.40
Dominion 9.49 1,123.80
Direct Energy 9.49 1,123.80
Liberty Power 9.45 1,134.00
ConEdison Solutions 9.38 1,125.60

The article also states the average household uses about 1,000 KWH per month.
My latest electric bill was $55.11 for 303 KWH which is a electricity rate 18 cents per KWH. The cost for a household in Kutztown, where we can not shop for electricity, would be $1,000 times 12 months times 18 cents per KWH is $2,160.

I have stated many times that Borough electricity rate is double the rate of surrounding area.
Average annual cost of electricity for a household in Kutztown is $2,160.00
Average annual cost of electricity in the area around Kutztown is $1,298.40
The difference is $861.60

THIS CONFIRMS MY CLAIM THAT BOROUGH ELECTED OFFICIALS AND MANAGEMENT EMPLOYEES ARE OVER CHARGING BOROUGH ELECTRICITY CUSTOMERS TO PAY FOR THEIR PET BUSINESS VENTURE HOMETOWN UTILICOM WHICH LOSES ABOUT $1 MILLION A YEAR.

These figures are all taken from the article in the Morning Call.
Thanks for watching. Sincerely, Jerry

Sunday, December 13, 2009

Borough Code of Pa. 12 -13-09

The Borough is governed by the Borough Code of the Commonwealth of Pennsylvania and Borough Officials should acquaint themselves with it. The No Names have raised some very important points that make me believe that some of the No Names are Borough Officials because they ignore the Borough Code.
One No Name states that profits from the utilities can be used for services. It is illegal because the water and sewer funds shall be used within their departments. Because the Borough owns the electric department some funds may be used for Borough Services. Funds can only be used for the purpose that they were solicited. One more point is the Borough purchases electricity therefore the Borough rates will also be increased when the caps come off.
As far as me writing a check for $4,200, I don’t have to write a check the Borough writes a $4,200 check for me and for every resident of the Borough at the end of the year.
The Borough debt of $14 million was borrowed over past years and is not in the Budget. The debt service, which is the interest and principal payment of almost $1.2 million a year, is in the Budget.
As far as me making money through this Blog, please take note I did not take my salary as Mayor ($3,325) for one year. After one year I decided to take the salary when I saw the wild and uncontrolled Borough spending by Borough Manager\Treasurer Keith Hill and the Borough Council under the leadership of Council President Eric Ely.
As for The Borough Real Estate Tax the rate is 2.6 mils, until 2007 it was 1.2 mils. It more than doubled in 3 years. The Tax rate is noted in the Kutztonian Spring\ Summer 2009.
If someone is cutting grass and shoveling snow cheaper outside the Borough I would have them cut my grass and shovel my snow by proxy.
As far as my qualifications and education to handle the No Names and the finances of the Borough, I only have to cite my Grade School education which was Public School 14 in Corona, Queens, New York City.
The Borough continues wild spending, falsifying the Budget, publishing fraudulent reports, altering foremen reports, letting out work without legal bids or contracts, etc. and a handful of No Names blindly defend them. I have 2 questions, No Names why do you defend them when they do not defend themselves, and who are these No Names? The Powers that be at Borough Hall do not challenge my charges and accusations because they are all true.
I would like to remind everyone that this Blog is not about me, it is about honesty, integrity and transparency of our finances for our Borough residents.
I remain as always Jerry

Saturday, December 12, 2009

Average Electricity Rates 12-12-09

Average Electric Rates 12-12-09
One of the No Names suggested I go to the U.S. Energy Information Administration for average Electricity Rates and I did. And this is what I found.

Residential Rates Pennsylvania Aug. 09 12.4 cents per KW
“ “ Pennsylvania Aug. 09 11.98 cents per KW
I pay about 20 cents a KW

Commercial Rates Pennsylvania Aug. 09 9.71 cents Per KW
“ “ Pennsylvania Aug. 08 9.83 cents per KW
The commercial rate for rental Apartments is about 30 cents per KW when the Landlords pay the rent.

This proves my charges and accusations against the Borough are true and substantiated by the Federal Government.

I accept all the information you send me. Thank you No Names.
As always I remain Jerry

Thursday, December 10, 2009

Dear Editor Reading Eagle 12-10-09

Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
Editor of the Reading Eagle
Dear Editor,
With a Budget of $60 million and a population of 80,000 people the City of Reading spends $750 per capita and is accepted by the Commonwealth as a Distressed City is cutting spending, laying off Policemen, Firemen and other City Employees. The Borough of Kutztown with a Budget of $21 million and a population 5,000 spends about $4,200 per capita and according to the Borough Council, the Mayor and Borough Officers everything in Kutztown is wonderful. This is great being the Borough does not employ a Degreed Accountant or retain a CPA. The Borough is in the process of raising our electric rate 2 and one half percent to finance a recreation project. The Borough has doubled our water, sewer, electric tax rate in the last few years to maintain this high life style and finance Hometown Utilicom which loses about $1 million a year.

Gennaro A. Marino
Former Mayor of Kutztown
e-mail kmayor@ptd.net
website www.marinoreport.com
610-683-7977
Faxed to Editor 12-10-09

Wednesday, December 9, 2009

Distressed city???

Now that I have your undivided attention I would like you all to know that the Borough of Kutztown does not have one penny in reserve. If the electric department loses a transformer where will the Borough Council find $500,000 to replace it. The Borough just raised the electricity rate for funds for recreation.
According to the Borough Budget the Borough spends $4,200 per resident and The City of Reading, a city ACCEPTED by the Commonwealth as a DISTRESSED city, only spends $750 per resident. Kutztown isn’t distressed because we own an electric department and residents can not shop for lower electric rates and the Borough raises Real Estate Taxes and utility rates regularly.
Yes our Borough Officials illegally transfers funds within the Borough to pay for the $1 million a year that Hometown Utilicom loses.
Yes our Borough Officials falsify the Budget and the Borough Solicitors and the Borough Auditors are aware of it.
It would be nice if I had some feedback on these facts instead of questioning me through no names. The above facts are very clear and simple.
And by the way the borough will raise the electric rate again when the caps come off. Thanks again. Sincerely Jerry

Tuesday, December 1, 2009

Nov. 7, "09 Special Council Meeting

Special Council Meeting Minutes of November 7, 2009
Borough Manager\Treasurer Khalife provided an overview of the 2010 budget, stating that either a 1 mil increase in real estate tax (0.45 mil for general purposes and 0.55 for recreation purposes) or a 2.5 percent increase in electric rates will be required to balance the 2010 budget. I say the budget presently available at the desk in the Borough Hall indicates the 2010 budget is balanced with revenue and expenses at $1,316,685.80, so what is he talking about?
Then the Council votes to sell off 1.75 MW of the Borough’s 2010 committed power to save the Borough $200,000 toward the cost of power in 2010. I say if the sale saves the Borough $200,000 why do we need a rate increase to raise $100,000?
Mr. Khalife also noted that a lot of capital projects, including items carried over from the 2009 budget because of budget constraints. I say this points out that the Borough is does not have the expertise or knowledge to manage a budget.
He also indicated that $100,000 revenue raised would be committed to matching funds for grant for North Park. I say does the Borough need park improvements with all of our budget constraints?
The Council also voted for eligible employees to take advantage of the retirement incentive. I say does the Borough have too many employees? And what is the incentive?
All the above noted action by the Borough Council reveals that they do not have a clue about finances. The Borough has to cut spending and get rid of HU which loses about $1 million a year. I state the Borough is on the road to financial disaster.
Thank you. I remain Jerry

Monday, November 30, 2009

2008&9 Budgets 11-30-09

Annual
2008 2009
Account Budget Amount Budget
$ 31,160.00 $ 32,250.60
$85,740.00 $ 83,150.60
$330,883.00 $ 363,441.00
$85,740.00 $ 83,150.60
$245,143.00 $ 280,290.40
Total BOK Revenue $19,432,641.00 $ 21,311,904.62
Total BOK Expense $17,666,247.00 $ 20,997,123.37
NET $1,766,394.00 $ 314,781.25
Expense Totals:
Revenue Totals:
Expense Totals:
Fund Police Pension Fund NET GAIN/:
Department 483 Pension Payments Totals:

Sunday, November 29, 2009

HU '06 Totals

Account 2006 Actual 2007 Actual 2008 Actual 2009YTO 10112 2009 Budget 2010
Department: 493 Intrafund Transfers $ -
4287 Transfer to Reserve $ - $ - $ - $ - $ - $ -
4288 Transfer to Capital Reserve $ - $ - $ - $ - $ - $ -
4289 Transfer to Operations $ 194,200.00 $ - $ - $ - $ - $ -
pepartment:•~3"ntrafUridTransf." ';',\ .. ,'. , I> ..... ,. , .. ,' , '." ' ..
totals: ' ~$' .', 1$4.2oo.0Q• $ .' ...• •• Is••. ,-' ... $ ." '.', $ - $, -
Department: 499 Depreciation $ -
4820 Improve Other than Bldgs. (dep) $ 4,000.00 $ 4,000.00 $ 4,000.00 $ - $ - $ -
4830 Buildings (dep) $ 3,800.00 $ 3,800.00 $ 3,800.00 $ - $ - $ -
4840 Machinery and Equipment (dep) $ 428,932.00 $ 431,133.00 $ 396,972.00 $ - $ - $ -
.....
"
Department: 499. Depreciation total$:, ,$436,732.00 '$ 438~e,33~OO ' $ 404.i712.0.0 ' S . $ - $ -
Revenue Totals: $ 1,235,975.57 $ 1,093,056.74 $ 911,424.75 $ 1,673,232.83 $ 1,964,761.00 $ 1,316,685.80
Expenditure Totals: $ 1,648,148.13 $ 1,521,377.10 $ 1.471,898.64 $ 1,174,252.21 $ 1,964,759.00 $ 1,316,685.80
IFund Totals: Telecommunications
Fund $ (412,172.56) $ (428,320.36) $ (560,473.89) $ 498,980.62 $ 2.00 $ 0.00


~

HU 2006 Revenue 11-29-09

Account 2006 Actual 2007 Actual 2008 Actual 2009YTO 10/12 2009 Budget 2010
Fund: 09 Telecommunications Fund $ -
Revenue $ -
341..o1\lnte •. ~.tl"c()m." •. •,j~m~~Q2J;I"I'••i:2j~,'O~'12! $ 1,203.16 $ 1,179.40 $ 1,783.00 $ 1,783.00
a42;'1Q:flerit;"ofl;arid; ..... ) S"$: •48~$24~3.9.1D ~:,: "$O~01:~28X $ 48,010.32 $ 47,842.09 $ 54,436.00 $ 54,436.00
375-10 Sales to Customers-Internet $ 216,086.44 $ 239,947.03 $ 282,365.13 $ 220,344.49 $ 280,000.00 $ 355,000.00
375-11 Sales to Customers-Television $ 253,251.86 $ 276,587.66 $ 284,501.12 $ 225,678.41 $ 290,000.00 $ 355,000.00
375-13 Bulk Sales $ - $ - $ - $ - $ 25,000.00 $ -
375-14 Priority Bdwdth (non-bulk sale) $ - $ - $ - $ - $ 1,000.00 $ 1,000.00
375-16 Internet Sales-Maxatawney Twp. $ 727.51 $ 988.80 $ 24,328.95 $ 58,615.60 $ 45,000.00 $ 51,000.00
375-17 Television Sales-Maxatawney
Twp $ 1,038.32 $ 1,447.44 $ 23,211.59 $ 51,891.34 $ 2,200.00 $ 50,000.00
375-20 Tariff- Res. Local Service $ 10,148.50 $ 7,351.00 $ - $ -$ 10,000.00 $ -
375-21 Tariff- Res. Long Distance $ - $ - $ - $ 4,124.02 $ 100.00 $ 100.00
375-22 Tarif- Com. Local Service $ 15,658.00 $ - $ - $ - $ 100.00 $ 100.00
375-24 Tariff- Com. Long Distance $ 35,528.52 $ 33,427.52 $ 51,120.52 $ 31,113.50 $ 37,000.00 $ 42,000.00
375-25 Fiber & Equip't Lease (external) $ - $ - $ - $ - $ 1,000.00 $ 1,000.00
375-30 Sale of Advertising $ - $ - $ - $ - $ 1,000.00 $ 1,000.00
375-31 Marketing Servo (from partners) $ - $ - $ - $ - $ 1,000.00 $ 1,000.00
375-40 Installation Services $ - $ - $ - $ - $ - $ -
375-41 Tariff-Altronics $ - $ - $ - $ - $ 100.00 $ 100.00
375-42 Telemetering Revenue $ 58,848.00 $ 73,262.00 $ 39,888.00 $ - $ 74,000.00 $ 30,000.00
375-80 Fiber & Equip't Lease (internal) $ 4,320.00 $ 9,120.00 $ 9,120.00 $ 6,840.00 $ 9,120.00 $ 9,120.00
375-81 Security Services (CCTV,
SCADA) $ 85,800.00 $ 108,900.00 $ 108,900.00 $ 81,675.00 $ 108,900.00 $ 108,900.00
375-82 AMR Data Service $ - $ - $ - $ - $ 1,000.00 $ 1,000.00
fl()UU~,~cc~unt:3~~S~I's,to •.. ' .• >:.;' .. ' ' '/' .... ,', ...•. ". > '.' ," •..•.•••• i
CU$torn~ •.• :tot.bl; '. ••$,881~401~1$;. 'j$.7G1It031,46.;$\823~S~~1'. ~.6eO~182~36 .. ,;$ ••886~520~OO'$ 1,006.320.00
380-00 General Miscellaneous Rev $ 1,547.90 $ 14,807.49 $ 4,082.16 $ 2,196.19 $ 10,000.00 $ 10,000.00
380-15 Payments From Other Funds $ - $ 235.11 $ (1,018.24) $ - $ - $ -
380-20 Sale of Material and Equip $ 448.88 $ - $ - $ 2,215.39 $ 47,838.00 $ -
~Ollu.f,):~C:~P"'~~:3~~:~Ettl.r:aI•• "\ .• : :!i" 1/ '.' ........•.•...••.••.....•.•. < '/.
Mlsc.llaneoU$\:t:t,v,tOfills: .' i \$' .;!I~ee~iiJ8:;: ;il$!;1~.Q4~;$Oi:,.I/'$i;3~083;92,;:!$.4~"1!1.58; /$ $7~838;OO '$ 10,000.00
392-07 Transf fl Electric Fund $ 305,000.00 $ 250,000.00 $ - $ - $ - $ -
392-87 Transfer to Reserve $ - $ - $ - $ - $ - $ -
392-89 Transfer to Operations $ 194,200.00 $ - $ - $ - $ - $ 239,146.80


'2.

Saturday, November 28, 2009

Borough Finances 11-28-09

Borough Finances 11-28-09
I visited the Kutztown Borough Office and asked to see the Budget and was given a loose leaf notebook with the 2006 actual, 2007 actual, 2008 actual, the 2009 YTD (10\12), the 2009 Budget and the 2010 budget. These were the headings shown in the report.
For starters the pages were not numbered. I asked for and received copies of the section on Hometown Utilicom which was 9 pages.
On the 9th page under Fund Totals: Telecommunications Fund, was posted
2006 Actual $ (412,172.56)
2007 Actual $ (428,320.36)
2008 Actual $ (560,473.89)
2009 YTD 10\12 $ 498,980.62
2009 Budget $ 2.00
2010 Budget $ 0.00
The figures in parenthesis are negative numbers which proves Telecom loses money and the loss increases every year.
The reason 2009 figures are positive is because the Borough under Bond and Note Proceeds (3rd page) added $900,000.00 and $959,184.00 to the 2009YTD and the 2009 Budget respectively and noted them as revenue.
I will explain the 2006 Actual in this post. I will explain the others in future posts. When you add interest income of $1,875, rent of land $48,624, telemetering $58,848, security services of $85,800, transfer from electric $305,000 and transfer to operations of $194,200 to 2006 actual it equals what HU lost in 2006 which is $1,106,519. The above amounts are from services provided by HU to the Borough. There are more illegal transfers in the report. Don’t forget there are no figures noted as audited.
This can all be seen in the records at the Borough desk, just ask to see the Budget. I will, in the near future analyze the 2007, 8, and 9 budgets which all lose about $1 million a year. I think this is proof that HU is a loser and can’t wait to hear from you. Thanks. As always Jerry

Tuesday, November 17, 2009

Agenda Update 11-17-09

Agenda Update 11-17-09
The Agenda for the 11-17-09 Council Meeting was made public the day of the meeting. It was made public late because the Council did not want to disclose that the Borough was going to adopt the 2010 real estate rates, amend the electric rates for 2010 and pay Long & Barrell (not to exceed) $29,000 for the 2009 Annual Audit. The Agenda also stated the Borough is going to increase the number of new employees.
More proof that HU loses about $1 million a year is the electric rates and Real Estate Taxes are going up. Now we will wait a month and a half to see the minutes of the meeting. Sincerely, Jerry

Monday, November 16, 2009

11-16-09 No Coucil Meeting Agenda

No Council Meeting Agenda for November 17, 2009

The Borough website states the next Scheduled Council Meeting is on Tuesday November 17, 2009 at 6:30 pm. As of 8:00 pm Monday November 16, 2009 there is no Agenda for the Meeting on the website. I hope Councilman Elect Derrick Mace takes note as to what he is getting into. I congratulate him on being elected and wish him luck at his endeavor. Again this is done intentionally to keep the Borough residents from seeing how the Council and the Mayor are squandering our hard earned tax and utility revenue. At the meetings they very often vote on legislation which is not on the Agenda.
Yours truly, Jerry

Wednesday, October 28, 2009

Sept, 15, '09 Council Meeting Minutes

Sept. 15, Council Meeting Notes
Page 17672 of the September 15, 2009 Council meeting Minutes states, I quote, “Jack Long of Long Barrell & Co. provided a brief overview of the Borough’s audit report for the year ending December 31, 2008”. The Audit Report for 2008 has not been reviewed by the Borough Council or the Mayor for more than 8 months? Who is checking our finances?
Page 17685 of the minutes states, “A motion was made by Mr. Seyler and seconded by Mr. Gangewere, Resolved, To authorize the appropriate Borough officials to execute an agreement with Berks Products for the fiber optic cable quarry installation project. All in favor except Ms. Bray and Mr. Snyder voted nay. There being a majority in favor, the motion passed”. And then, “A motion was made by Mr. Seyler and seconded by Mr. Gangewere, Resolved, To hire the recommended vendor to install a fiber optic cable on a messenger out to the quarry. All in favor except Mr. Snyder who voted nay. There being a majority in favor, the motion passed. PLEASE NOTE: There are no details, facts or figures mentioned for the installation or the messenger contracts. How much will this cost? Did the Information Technology Director Caruso, who heads Home Town Utilicom, make a presentation? Nepotism is alive and well in Kutztown.
The minutes also show the Council also passed a Resolution, which I think should be an Ordinance, that police officers will pay 5% of their salaries into their Pension Plan every year. I calculate that 5% will come to about $40,000 a year. Why can’t the Borough with a $21 million Budget fund the Pension?
This plainly shows where the priorities of the elected Borough Officials lie. The Borough Council votes to fund the cost and execute the contract of a new preferred HU subscriber outside the Borough after the fiber is installed. Being it is for HU there is no limit to the cost. Hometown Utilicom already loses $1 million a year.
My point is it takes more than eight months to review the Annual Audit. Then the Council votes to have the Police pay into their Pension. The amount paid by the Police will save Borough funds which will find their way into HU.
This is a perfect example of how this Borough is wildly and irresponsibly handling our finances. I predict every fee, electric, water and sewer rates will have to be raised to fund this wild spending and $14 million debt. The Borough Council already made it easy to raise all rates through Resolutions which are easier, faster and cheaper than Ordinances.
Jerry retired Professional Engineer in Pa., N.Y., and Nevada

Monday, October 26, 2009

MARINO SPEAKS

Marino Speaks 10-25-09
I would like all my subscribers to know that the people who comment on my blog not only have trouble with 3rd grade arithmetic they would also have trouble with a 3rd grade reading comprehension test. Let it be known what I stand for and what I say. For the slow readers I will not write a paragraph. I will just make simple sentences and number them:
1) The Borough of Kutztown is a great place to live. Don’t forget I picked it.
2) I am very happy with our utilities, our superintendents and the Borough personnel that maintain them.
3) Hometown Utilicom which is not a utility but a business venture that loses $1 million a year, has been losing $1 million a year for 7 years should be shut down immediately.
4) Borough Manager Khalife and the HU Director Caruso who oversee HU are overpaid at salaries of $100,000 and $80,000 respectively.
5) Contrary to all of the Borough’s statements and lies there has never been a complete Financial Report on HU. HU revenue is grouped together with the General Fund and the Electric Fund (where all the big money is) to hide the fact that HU is a losing proposition.
6) The Borough is violating the Borough Code by transferring revenue from the Water and Sewer Funds to finance HU. The Borough Code states that revenue has to stay in the fund that receives it. But revenue is allowed to be transferred from the Electric Fund which is why we pay double the electric rate paid by the surrounding area.
7) The Borough Debt of $14 million is a disgrace for a Borough of 5,000 and don’t forget there are about 1,500 renters.
8) The Borough falsifies the Budget, publishes fraudulent reports and alters foreman reports and does not employ a degreed accountant or retain a CPA.
9) The Reading Eagle recently wrote that the Borough Council voted to appoint a Committee to guide HU. It will take place at the beginning of the year exactly one year after it was recommended by CCG Consulting. The article also stated that HU had 1,000 customers that is the same amount CCG Consulting stated we had one year ago. In other words HU did not gain one new subscriber in a year.
I think it is high time that the Borough elected officials shut down Hometown Utilicom, cut spending and open all financial books and records to the public.

Jerry
Treasurer of the Kutztown American Legion
Post 480 1966-2007 11 years

Tuesday, October 20, 2009

BUDGET NEWS UPDATE

Kutztown Budget News 10-20-09
Today’s Reading Eagle stated the Borough of Kutztown spends $298 for Police per resident per year which is the 4th highest cost in the County. My point is that the only service provided to Borough residents for our tax dollars is the police. We pay for everything else, such as water, sewer, electricity and don’t forget the million dollars Hometown Utilicom loses every year. If the Borough spends $4,200 per resident per year and only $298 for police, will someone explain to me how the Good Old Boys and Girls are spending $3,902 a year and why retired senior citizens can no longer afford to live in the Borough.
This is all 6th grade arithmetic the Borough spends wildly, raises all our rates and fees to pay for it. And then my detractors state they never wrote a check for $4,200. The 7 wild spenders (the Mayor and the Borough Council) write all the checks for us.
Will someone please go to the Borough Hall and verify my numbers and statements and while you are there please pick up a financial report on Hometown Utilicom. There is no financial report, there never was a financial report and there will never be a financial report on HU and the Borough never addresses my charge that HU loses $1 million a year. Jerry

Thursday, October 8, 2009

EAGLE LETTER TO THE EDITOR 10-8-09

The Reading Eagle 10-8-09
Dear Editor,
Thank you for the very informative opinion about the City of Reading in today’s Eagle. With a Budget of $60 million and a population of 80,000 the City spends $750 per resident. Your opinion was that the city needs outside help.
The Borough of Kutztown with a Budget of $21 million and a population of 5,000 spends $4,200 per resident.
At least the City of Reading realizes they need help. According to the Kutztown Borough Council and the Mayor everything is wonderful in Kutztown. The Kutztown philosophy is spend whatever amount pleases you and then raise taxes, fees permits etc. to pay for the irresponsible and wild spending.
For starters the population of Reading is 16 times greater than Kutztown and the Budget is only 3 times the amount of Kutztown’s and the Borough does not have a paid Fire Department. But the Borough does operate a business venture, Hometown Utilicom that loses $1 million a year.
How can there be such a great difference in the above statistics?

Gennaro A. Marino
Resident of Kutztown
409 W. main St.
Kutztown, Pa 19530
610-683-7977
Blog www.marinoreport.com

Saturday, October 3, 2009

KUTZTOWN'S WILD SPENDING

Kutztown’s Wild Spending 10-4-09
Besides wasting our hard earned money running more than a mile of fiber optics cable for a preferred customer the Borough Council still has time to spend our taxes and utility funds wildly. Friday’s Reading Eagle had an article about the City of Reading’s finances. The 2010 Budget for the city with a population of 80,000 is $60 million which is $750 per resident. The article also states the 2010 is $9 million less than the 2009 Budget.
The Budget for Kutztown with a population of 5,000 is $21 million which is $4200 per resident.
If the City of Reading spent money as the Borough of Kutztown does the Budget for Reading would be $336 million.
The numbers for the Borough are ridicules. How will the Borough get out of this financial mess?
What will we pay for electricity when the price caps come off? The Borough rate is already twice the rate of our neighbors.
Will someone check my numbers because they seem to be unreal.
Jerry Marino

Saturday, September 26, 2009

COUNCIL RAISING ALL RATES 9-26-09

Borough Website back on line 9-25-09

The Kutztown Borough website is back on line and the minutes of the August 18, 2009 Council Meeting were posted. It shows the Borough passed many Resolutions and Ordinances raising ALL RATES, FEES, INTERESTS,AND PENALTIES for business venture Hometown Utilicom and all other Borough utilities. It is amazing that all this was accomplished in 35 minutes. The meeting was called to order at 7:30 and was adjourned at 8:05. The Council voted without any discussions on 28 pages of legislation raising everything possible to create desperately needed revenue to divert to Hometown Utilicom which loses $1 million a year. Keep in mind the Council borrowed $1.3 million last year for Hometown Utilicom. The Borough debt is now $14 million and the average monthly payment for the debt is $100, 000 month or $25, 000 a week. HU loses about $20,000 a week.

It is impossible for the 7 Elected Officials to know what they are voting on. There was one nay vote all night and it was not on a rate increase or finances. The 7 Elected Officials do not have a clue as to how much they are spending our hard earned money.
Gennaro A. Marino P.E.

Thursday, September 17, 2009

HU BLUNDER ON BALDY ROAD

HU Blunder 9-17-09

Three Kutztown Borough Trucks were seen installing fiber optic cable on Baldy Road 2 weeks ago and no one knew why. The Agenda for the September 15, 2009 Council Meeting states why.
It reads, “Authorize the appropriate Borough officials to execute an Agreement with Berks Products for the fiber optic cable quarry installation project.”
This means the Borough ran the fiber out of the Borough without a contract or agreement. The Borough is running fiber out of town for 1 customer, then draws up a contract. What is the cost of installing the fiber and what is the amount of a contract that does not exist?
The Agenda then states, “Take action to hire the recommended vendor to install a fiber optic cable on a messenger out to the quarry.”
The above fiasco proves that President Eidle, the Borough Council, Borough Manager Khalife and HU Director Caruso are incompetent planners and on top of that the Borough does not have the personnel to complete the project.
The Hometown Utilicom venture should be shut down immediately because the above actions prove the Borough is not capable of spending borough Funds wisely.
To prove the above geniuses do not know what they are doing, they are going to create a Telecommunication Advisory Commission. After losing about $1 million a year since 2002 ( 8 years over $8 million) plus the initial investment of about $6 million they realize they are over their heads.
HOMETOWN UTILICOM SHOULD BE SHUT DOWN IMMEDIATELY !!!
Gennaro A. Marino P.E.

Tuesday, September 15, 2009

BOROUGH NEWS 9-15-09

Borough News September 15, 2009
Council President Eidle did not respond to my blog stating that the Good Old Boys are alive and well in the Borough. I take it that no response means that my statements are correct. I was even thanked by one of the councilman for calling him a Good Old Boy. They are proud of their actions and are destroying the morale of our Borough Employees.
The minutes of the 7-21-09 Council Meeting under the Consent Agenda read:

Ratify approval for the payment of bills and necessary transfer of funds which have been provided to Borough Council in the Accounts Payable G\L Distribution Report, including payment dates June 13, 2009 to July 17, 2009 as summarized below:

General Fund $248,827.34
Refuse and Recycling Fund $78,010.09
Water Fund $116,143.30
Electric Fund $547,147.11
Sewer Fund $104,636.01
Telecommunications Fund $194,624.06
Passed by unanimous vote.

The Council voted on this motion without any indication as to where and what amounts are to be transferred.

Later in the minutes it is stated:
Malcolm Eidle and Gina Wiand hereby ordered payment of the expenditures listed in the Accounts Payable G\L Distribution Report, including payment dates from June 13, 2009 to July 17, 2009, in accordance with Section1106 of the Borough Code, Commonwealth of Pennsylvania.

Again, there are no amounts or indications as to where these funds are transferred to or from. This is the way Borough Council and the Mayor handle Borough funds. There is no disclosure or transparency. There was no discussion or comments on transferring $1,289,387.91. Remember the Borough does not retain a CPA or employ an accountant.

The Borough Council votes on almost $1.3 million transfer in a Consent Agenda and votes separately on hiring a new employee at $13.65 and waiving permit fees of $50 and $75 for the Kutztown Fire Co. and Hope Cemetery.

These 7 Political Hacks with a $14 million debt and a Budget of $21 million have no idea of what they are doing to the finances of the Borough. We now pay an electric rate of double the surrounding area which will increase even though ex-Borough Manager Vitraino with the Council raised our electric rate anticipating the caps were coming off electric rates.

In desperation of revenue the Council will bill residents for water and sewer monthly and they passed raising utility and HU rates by Resolution rather than Ordinance because they could raise rates faster. If they read the Borough Code they would have found out they could have raised rates by resolution. Jerry Marino 409 W, Main St. Kutztown 610- 683-7977

Sunday, September 6, 2009

Reading Eagle Editor 9-6-09

Reading Eagle Editor
September 6, 2009

Dear Sir,
Thank you for the article by Michele Park (9-5-09) in which she states the Berks County Commissioners refuse to name a seventh member to the Maxatawny and Kutztown Sewage Plant Authority. This Sewage Treatment Plant was to be built in 2001 and was sabotaged by Borough Manager Keith Hill, Council Presidents Ely, Crooker, Eidle and other Kutztown Borough Officials. Maxatawny Supervisors were told by the State EPA to construct a Plant in 2003 or face jail time and received a delay when they stated they would form a joint venture with Kutztown Borough. Since then Kutztown Borough Officials have intentionally delayed the joint venture in every way possible. At one time the Borough refused to participate in the joint venture although they were told they did not have to finance the plant until they had a need to use it. Commissioner Schwank was sincere in attempting to mediate the joint venture. When she stated the County would name a seventh member the situation wasn’t as it is now. The County Commissioners are correct in not naming a seventh member to complement the 3 members from the Borough and the 3 members of the Township. The seventh member could cast the deciding vote and the County would be the fall guy. The Borough of Kutztown with its $14 million debt and $21 million Budget has plenty of experience and knowledge to handle a partnership in a sewage treatment plant.
Gennaro A. Marino P.E.
Former Mayor and Proud Resident of Kutztown

409 West Main St.
Kutztown, Pa 19530
610- 683- 7977
e-mail kmayor@ptd.net
website www.marinoreport.com
Faxed to Reading Eagle 9-6-09

Monday, August 31, 2009

Good Old Boys Alive and Well 8-31-09

Good Old Boys Are Alive and Well August 31, 2009
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
Kutztown Council President Malcolm Eidle
Kutztown Borough Hall

Under your leadership Borough Manager\Treasurer\Right to Know Officer Gabriel Khalife was granted full time employment status at the June 16, 2009 Borough Council Meeting. The minutes of the meeting read, “MR.SNYDER AND MRS. BRAY BOTH VOTED NAY. THERE BEING A MAJORITY IN FAVOR, THE MOTION PASSED”. Why didn’t the minutes state who voted in favor? You Mr. President, Vice President Seyler, Councilman Gangewere and Councilman Schlegel were listed in the Minutes as being at the meeting and I assume you four voted to grant Mr. Khalife full time employment status knowing he has a Borough Vehicle at his disposal and was cited for Drunk Driving during his probation period. Some Borough employees have been fired for less and one recently was reinstated.

I demand you explain to the Borough Residents and Borough Employees why he was never charged or reprimanded by the Borough while he was on probation and why you voted him permanent employment.

I thought there was a Borough Resolution that states any employee of the Borough that receives a DUI shall be terminated?

I guess he will remain a permanent employee as long as he continues to falsify the budget, publish fraudulent reports, alter foreman reports and withholds the financial records of Hometown Utilicom as directed by you and your three Good Old Boys Schlegel, Seyler and Gangewere.

You and your Good Old Boys with our $14 million debt and $21 million Budget are on the verge of bankrupting the Borough. Our electric rate is double that of the surrounding areas and now we will pay water and sewer monthly because you are desperate for revenue. All this is to finance HU which still loses $1 million a year and still does not have a Business Plan as was promised to Mayor Green over a year ago. In fact the Borough does not employ anyone that is capable of producing a Business Plan.

Are the Borough Solicitors still telling you not to answer my letters? I am challenging you, Auditors Long & Barrell and Borough Solicitors Tim Dietrich and Keith Mooney to address my above statements which are all true.

Sincerely,


Gennaro A. Marino P.E.

Friday, July 31, 2009

Letter To Residents

7-31-09 Gennaro A. Marino P.E. 409 West Main Street
Kutztown, Pa 19530
www.marinoreport.com 610-683-7977
Dear Residents of Kutztown,
Some of the latest schemes and illegal activities by the six corrupt Elected
Officials, namely Mayor Green, Council President Eidle, Vice President Seyler, Councilmen Snyder, Schlegel, Gangewere and Councilwoman Bray are:

1) Shut off the electricity momentarily to the Borough Customers which increases the Borough Electricity rates. It was done at least 3 times in the past week. The rate is increased every time the power is shut off and turned back on. They have been doing it for years.
2) The Borough gave one of their favorite Business Alliance members LANtek $20,000 for a Security System for the Borough water tower because someone went up on the tower about 4 years ago. How is that for response time? The alarm is sounded on Information Technology Director Frank Caruso’s cell phone. HU will probably charge the Borough for its use. I did not notice any Public Bids For the contract.
3) The 6 elected officials took no corrective measures after the Borough was fined $1,500 for supplying contaminated water and directed all questions about this serious matter to Water Superintendent Walter Hess. Walter Hess is a competent, qualified and highly trained technician but is not responsible for the operation of the water treatment plant. It is the responsibility of the elected officials and the Borough Engineers Spotts, Stevens & McCoy to operate the Plant.
4) I found an application in my mailbox to be filed with the Borough for me to be notified in a water emergency. It was addressed to Current Resident or Occupant. This is serious business. It should be addressed to all Water and Electric customers living in the Borough. The Borough also has the names of all tenants at the Code Enforcement Office.
5) The Minutes of the May ’09 Council Meeting have still not been posted on the Borough website.
6) They gave out construction work for about $119,000 without a contract and the Pennsylvania Attorney General’s office said there was wiggle room for a Judge to toss it out.

The six statements noted above demonstrate that the seven Elected Officials named above do not have a clue as to what they are responsible for or to what they are doing. They are not seen around the Borough and if they are seen they never state what they are doing at the Council Meetings. There are no interested parties at the Meetings because there are no discussions or explanations as to what the Council is voting on. It is more than 2 months since the May Council Meeting and the Minutes of the Meeting are still not on the Borough website.
The Mayor and the Borough Council should resign if they can not fulfill their duties as Elected Officials.

Friday, July 3, 2009

WHAT'S NEW

WHAT’S NEW? JULY 4, 2009

THE BOROUGH WAS FINED $1,500 FOR PUTTING OUT TAINTED DRINKING WATER.

WHAT’S OLD?

THE BOROUGH IS STILL FALSIFYING THE BUDGET.
THE BOROUGH IS STILL PUBLISHING FRAUDULENT REORTS.
THE BOROUGH IS STILL ALTERING FOREMEN’S REPORTS.

AND THE COMMENTS TO MY WEBSITE REMAIN THE SAME. ATTACK THE MESSENGER, DO NOT ADDRESS THE MESSAGE AND REMAIN ANONYMOUS.

HAPPY 4TH OF JULY. I REMAIN AS ALWAYS JERRY.

Friday, June 19, 2009

OFFICE OF OPEN RECORDS DENIAL

Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
June 19, 2009 www.marinoreport.com
Mayor Sandra Green
Borough Council
Kutztown Borough Hall
Dear Elected Officials,
The Borough can not respond to any of my charges or accusations because they are all true so you made an announcement on the Borough Meeting Agenda. In a desperate attempt to belittle me the announcement read, “The Borough has received the final determination from the Pa. Office of Open Records denying the appeal of Gennaro Marino with regard to a Right-To-Know request”. As usual the Borough never states the whole truth. The truth is I requested a copy of the Borough contract with Blonder Tongue Laboratories and the Borough Right to Know Officer, Borough Secretary Bonnie Bray told me there is no contract and I appealed to the OOR and the Borough was told to give me a copy of the contract. The Borough gave me a purchase order from Blonder with a letter from ITD Caruso which Right to Know Officer Bonnie Bray stated would function as a contract. This P.O. and letter can not function as a contract and I stated to the OOR that I would not accept this as a contract. The OOR denied my request and stated the Borough gave me what they determined was their record of a contract. But the OOR also stated that it is not in their authority to determine if the documents constitute a contract. I wrote a letter to the OOR and thanked them for forcing you to comply with the Right to Know Law and I copied you with the letter.

It’s ironic that the denial of my appeal proves that there is no contract between the Borough and Blonder to up date the head end. This is stated in my post of June 16, 2009.

Borough Secretary Bonnie Bray resigned as the Borough Right to Know Officer over this incident. Secretary Bray lied when she stated there was no contract then came up with the P.O. and the letter from Caruso and stated they would function as a contract. Secretary Bray resigned as Right to Know officer because she also lied when she stated the purchase order with Blonder did not exist when it did.

It is very hard for you 7 elected officials to tell the truth, the whole truth and nothing but the truth.

This Blonder work on the head end for $119,511.87 was done without a contract. First of all a contract has to be signed by 2 parties which it is not and it does not comply with the Commonwealth’s Purchasing Handbook guidelines. There is a lot more to this incident.

You are all in deep trouble and this incident is not going away. You will have to rectify this illegal action.
Sincerely,


Gennaro A. Marino P.E.

Tuesday, June 16, 2009

PAGE 17601

17601

have the bid opening at the June Public Works Committee meeting and to have Council

award the bid at the June Council meeting. Passed by unanimous vote.

A motion was made by Mr. Snyder, seconded by Mr. Schlegel, Resolved, To

authorize the appropriate Borough officials to execute a three-year Service Purchase

Contract with Kutztown University for the maintenance of university traffic signals

located on College Boulevard and Main Street. Passed by unanimous vote.

Under Personnel Committee, the Executive session to discuss a non uniformed

personnel matter was deferred to the end of the meeting.
~------
Under Finance, Electric and Telecommunications Committee, a motion was made

by Mr. Seyler, seconded by Mr. Gangewere, Resolved, To award Options 1 and 2 of the

bid for upgrading current head-end components from an analogue head-end to an analog

and digital head-end to Blonder Tongue Laboratories, Inc., Old Bridge, New Jersey, in

the total bid amount of$1 19,51 1.87. Passed by unanimous vote.

Off-agenda, a motion was made by Mr. Seyler, seconded by Mr. Gangewere,

Resolved, To authorize the Borough staff to prepare and to advertise an Ordinance

amending the Kutztown Code, so as to remove the fees for telecommunications services

from Chapter A231. Passed by unanimous vote.

A motion was made by Mr. Snyder, seconded by Mr. Schlegel, Resolved, To

approve an EAC annual budget allotment of $500.00. Passed by unanimous vote.

A motion was made by Mr. Seyler, seconded by Mr. Gangewere, Resolved, To

install the MIRA board to the AMR system, replacing SCE equipment at the substation.

Passed by unanimous vote.

April 21, 2009 Council Meeting Minutes

BLONDER BID DOCUMENT

OPTION 2: DESIGN, ENGINEERING AND INSTALLATION SERVICES



TOTAL BID FOR DESIGN SERVICES:
TOTAl BID FOR ENGINEERING SERVICES:
TOTAL BID FOR INSTALLAnoN SERVICES
LUMP SUM BID FOR OPTION 2:


$ __ INC. _
$ __ INC. _
$ _INC. _
$_INC _



We herewith enclose our cash, money order, a certified or cashier's good faith check or a bond
with corporate surety in the amount of $ __ $11,952.00 being at least ten percent of
the bid proposed.
Date _4101/09 _



Authorized Signature cf~ H~


Trtle: Director Systems Engineering

RESIGNATIONS ARE IN ORDER

Resignations Are in Order
MA YOR SANDRA GREEN
BOROUGH COUNCIL MEMBERS EIDLE, SEYLER, SNYDER, SCHLEGEL, GANGE WERE, AMY BRA Y


JUNE 16, 2009 GENNARO A. MARINO P.E. 409 WEST MAIN STREET KUTZTOWN, PA 19530
610-683-7077 www.marinoreport.com



DEAR ELECTED OFFICIALS,
ATTACHED PLEASE FIND THE SECOND PAGE OF THE BID DOCUMENT THAT BOROUGH SECRETARY BONNIE BRAY STATED IN A LETTER TO THE OFFICE OF OPEN RECORDS THAT WILL FUNCTION AS THE BLONDER TONGUE LABORATORIES INC. CONTRACT. YOU WILL NOTE THAT OPTION 2 IS BLANK AND IS SIGNED BY BLONDER'S STEVE HEGGE DIRECTOR SYSTEMS ENGINEERING. PLEASE NOTE THE DOCUMENT IS NOT SIGNED BY AN AUTHORIZED BOROUGH REPRESENTATIVE.
ALSO ATTACHED PLEASE FIND PAGE 17601 OF THE MINUTES OF THE APRIL 21, 2009 BOROUGH COUNCIL MEETING WHICH NOTES A MOTION WAS MADE BY MR.SEYLER, SECONDED BY MR. GANGEWERE TO A WARD OPTIONS 1 AND 2 OF THE BID TO BLONDER TONGUE LABORATORIES INC. FOR THE TOTAL AMOUNT OF $119,511.87. IT WAS PASSED BY UNANIMOUS VOTE.
YOU VOTED FOR OPTION 2 THAT DOES NOT EXIST WHICH MEANS YOU ARE ALL GUILTY OF ILLEGALLY A WARDING A CONTRACT WITHOUT ANY AUTHORIZATION.
ALSO THIS BID DOCUMENT CAN NOT FUNCTION AS A CONTRACT BECAUSE IT IS NOT SIGNED BY THE BOROUGH AND THE CONTRACTOR.
THIS $119,511.87 PROJECT WAS COMPLETED ILLEGALLY WITHOUT A CONTRACT OR ANY TYPE OF AUTHORIZATION AND YOU WERE ALL A WARE OF THIS SITUATION WHEN YOU VOTED FOR THIS A WARD.
THIS PROVES THAT THERE WAS A SCHEME TO GIVE THE CONTRACT TO BLONDER WITHOUT A PUBLIC BID WHICH STARTED IN MARCH WITH THE PURCHASE ORDER THAT DID NOT EXIST.
I THINK THIS IS A CRIMINAL ACT AND YOU SHOULD ALL RESIGN AND WHEN YOU DO YOU SHOULD TAKE THE BOROUGH SOLICITORS AND THE INVOLVED BOROUGH EMPLOYEES WITH YOU.
SINCERELY,
r
,~ruo {llu~
GENNARO A. MARINO P.E.
CC: EVERYONE

Monday, June 15, 2009

LONG & BARRELL AWRY AUDIT

June 11, 2009
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Long, Barrell & Co. Ltd.
135 North Prospect Street
Reading, Pa 19606
Mr. Long CPA & Mr. Barrell CPA
Dear Sirs,
After reviewing the Audit Notice for the Year 2008 in the Spring\Summer Edition of the Kutztonian News I found it lacking facts and misleading.
The $1.3 million loan for Telecom is not noted in the External Debt.
I also noticed under Expenditures and Revenues that Water, Sewer, Electric and Telecom are grouped together and not listed separately.
The Audit also states that total Expenditures for 2008 were $17,342,679 and Revenues were $17,383,215.
My comment is that the $1.3 million loan not being noted in your Audit under Exterior Debt and the Revenues and Expenditures for Telecom being totaled together with Electric, Water and Sewer are keeping with the under handed scheme by the Borough and you (Long, Barrell & Co. Ltd.) to withhold the finances of Telecom from the residents of the Borough.
In reference to the Audit total Expenditures and Revenues stated above attached please find a 2009 Budget I received at the Borough Hall in which the 2008 Budget totals are:
Total Revenue $19,432,641 Total Expenditures $17,666,247 from 2009 Budget
Total Revenue $17,383,215 Total Expenditures $17,342,679 from 2008 Audit
Difference $2,049,426 $323,568
Why is there a difference of over $2 million in the 2008 revenue from the 2009 Budget and the 2008 Audit?
The Audit Notice proves that you are approving and acting as part of the Borough and not as an auditor. I think you are a disgrace to your profession and your state certification. The Borough elected officials are concealing their illegal financial records and you are aiding them, especially the finances of Telecom.
Where is the $1.3 million loan and how can the revenue for 2008 noted in the 2009 Budget show a difference of over $2 million?
I would like to hear from you as to what your audit duties and obligations are.

Sincerely,


Gennaro A. Marino P.E.

THANK YOU OFFICE OF OPEN RECORDS

June 10, 2009
Gennaro A. Marino P.E.
409 W. Main Street
Kutztown, Pa 19530
610-683-7977
kmayor@ptd.net
www.marinoreport.com

RE: MARINO v. KUTZTOWN BOROUGH
DOCKET # AP 2009-0272 and DOCKET # AP 2009-0359

Office of Open Records
Executive Director Terry Mutchler
Commonwealth Keystone Building
400 North Street 4th Floor
Harrisburg, Pa 17120
Fax No. 717-425-5343

Executive Director Mutchler,

I want to thank you and your Office of Open Records for your prompt action in fulfilling my above noted requests. You did a wonderful job and I am very happy. I am happy that the residents of the Commonwealth have you and your Office protecting us.

And a special thank you to Appeals Officers Lucinda Glinn Esq. and Nathanael Byerly Esq. for the masterful handling and prompt action on my requests.

Thank you again.

Sincerely,


Gennaro A. Marino P.E.

cc: Governor Edward Rendell
State Senator Mike O’Pake
State Representative Gary Day
Kutztown Mayor Sandra Green
Kutztown Borough Council
Kutztown Borough Secretary\Right to Know Officer Bray
Kutztown Borough Manager\Treasurer Khalife
Kutztown Information Technology Director Caruso
Kutztown Assistant Treasurer Samilo
Kutztown Borough Solicitors Dietrich and Mooney
www.marinoreport.com

Thursday, June 11, 2009

COUNCIL REIMBURSEMENT FOR AWARDING ILLEGAL CONTRACT

June 11, 2009 Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610 683 7977
www.marinoreport.com

RE: COUNCIL REIMBURSEMENT FOR ILLEGAL BID AWARD

Kutztown Mayor Sandra Green
Kutztown Borough Council, Eidle, Seyler, Snyder, Schlegel, Gangewere & Amy Bray
Kutztown Borough Hall
45 Railroad Street
Kutztown, Pa 19530

Dear Elected Officials,
Blonder Tongue Laboratories Inc. of Old Bridge, New Jersey has completed the up date of the head end without a contract. This means that you have voted to give Blonder Tongue Laboratories $119,511.87 illegally without a fair bid or any kind of written agreement or description of the work to be performed. You can be sued personally in criminal and civil courts.

The Purchasing Handbook published by the Governor’s center for Local Government Services states in the forward and I quote, “Contracting and purchasing are subjects not taken lightly by local government officials. An important word to remember is surcharge. Any elected official who by vote, act or neglect causes financial loss to their municipality in a manner prohibited or not authorized by law may be surcharged the amount of the actual financial loss”. unquote

The bid result for the up dating of the head end was Blonder Tongue Laboratories Inc. Old Bridge, New Jersey $119,511.87 and Advance Media Technology of Deerfield Beach, Florida $104,858.51. Being you awarded the bid to the highest bidder without an explanation I demand you personally reimburse the Borough the difference in the bids which is $14,653.36 which was the loss incurred by the Borough by you awarding the bid to the highest bidder. This illegal bid award was supervised and approved by Borough Solicitors Timothy Dietrich and Keith Mooney and aided by Borough Employees namely Borough Manager\Treasurer Khalife, Borough Secretary\Right to Know Officer Bonnie Bray and Information Technology Director\Head of Hometown Utilicom Frank Caruso.

According to the Purchasing Handbook this so called unsigned contract with Blonder Tongue Laboratories Inc. contains many other omissions and violations. If you do not comply with my demand and reimburse the Borough $14,653.36 I will seek further legal action against all seven of you.
Sincerely,

cc: Governor Rendell
State Representative Gary Day
State Senator Mike O’Pake
Editor The Reading Eagle
Editor The Morning Call
Editor The Patriot
Borough Solicitors Mooney and Dietrich
Borough Employees

Wednesday, June 3, 2009

DEP.ATTORNEY GENERAL MARDEN BLONDER ON JOB 6-3-09

June 3, 2009
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Deputy Attorney General
Norman W. Marden
Strawberry Square
Harrisburg, Pa 17120
Fax no. 717-787-1190
Dear Deputy Attorney General,
This is an up date of my letter to you dated June 1, 2009. My latest observation is that the Contractor Blonder Tongue Laboratories Inc. is installing the up date to the Borough’s head end without a contract. As you know Blonder was illegally awarded a contract for material and equipment to up date our head end for a price of almost $15,000 more than the competitive bid of Advance Media Technology. The bid and contract did not include installation and testing. As of 9:30 AM (June 3, 2009) Blonder Tongue Laboratories Inc. is on the site installing the up date without a contract, a price or any details. I personally pointed this out to Borough Council President Malcolm Eidle and his comments were I am sick and tired of this. And that I have cost the Borough a lot of money for legal fees. I stated the legal fees were incurred by the Borough for illegally mishandling a contract of $119,511.87. I also made Borough Manager\Treasurer Khalife aware of the situation.
This is the culmination of all the schemes and lies by Borough Officials that I have pointed out in my letters to you. This action is an open and willful violation of the Borough Code and the Public Trust and points out the Borough’s complete disregard of the law and the rules of decency.
All my allegations and charges are all based on Borough Documents and Correspondence which I have in my possession and at your disposal. The Borough should be investigated, held libel and punished for all their wrongdoings. Thank you.

Sincerely,


Gennaro A. Marino P.E.


cc: Council President Eidle
Borough Manager\Treasurer Khalife
Information Technology Director Caruso
Blonder Tongue Laboratories Inc.

Monday, June 1, 2009

DEPUTY ATTORNEY GENERAL NORMAN W. MARDEN

June 1, 2009 Gennaro A. Marino P.E.
409 W. Main Street
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Deputy Attorney General
Norman W. Marden
Fax No. 717-787-1190
Dear Sir,
Today the Borough finally published the Minutes of the April 21, 2009 Council Meeting and page 17601 (attached) states and I quote “resolved, To award Options 1 and 2 of the bid for upgrading current head-end components from an analogue head-end to an analogue head-end to Blonder Tongue Laboratories Inc., Old Bridge New Jersey, in the total amount of $119,511.87. Passed by unanimous vote”. Before the vote Council President Eidle stated you all know what this is about.
Attached please find the Borough Bid Form that Borough Secretary Bonnie Bray stated in a letter (attached) dated May 19,2009 that will function as a contract from Blonder Tongue Laboratories Inc. It is not signed by a Borough Official and it has no amount for Option 2 which the Council voted to accept.
Attached also is a copy of the Borough Bid Form of a competitive bid from Advance Media Technology for $104,868.51. When you compare the 2 bids they read exactly the same. The only differences are the bid amounts and both bids do not price Option 2. At the Bid Opening Council President Eidle stated Advance Media left something off the bid and the Borough Solicitor would have to be consulted. That was a false statement because the Bid Forms are perfectly clear and concise and Advance Media was the low bidder.
This bid was illegally awarded to the highest bidder without an explanation and clearly proves the bid was rigged and there was a cover up. There are also rumors that the work is already completed. All the evidence and events in this complaint are Borough records and documents. There is a lot more to this, again with more Borough papers.

Sincerely,


Gennaro A. Marino P.E.

Thursday, May 28, 2009

WHAT BRAY & CARUSO CALL CONTRACT

BID FORM BOROUGH OF KUTZTOWN
FOR THE HEAD-END UPGRADE
THE UNDERSIGNED,
NAME OF FIRM _Blonder Tongue Labs ______________________ _
CONTACT NAME ____________ Steve Hegge ________________________ _
CONTACT PHONE 732-679-4000 x4358_ FAX _732-679-4353 _____________ _
CONTACT EMAIL shegge@blondertongue.com ________________________________ _
ADDRESS _One Jake Brown Road _________________________________ _

CITY, STATE, ZIP
Oldbridge _________ ST _NJ _______ zIP _08857 _

does hereby agree that if this bid is accepted and awarded to the undersigned for either or all Options 1, 2, the undersigned agrees to comply with the specifications as outlined in the bid documents and furnish all bonds and insurance certificates as specified.

OPTION 1: EQUIPMENT


QTY
MODEL
DESCRIPTION
UNIT COST
TOTAL COST
10
AQT
ATSC/QAM Transcoder
_$782.31_
_$7823.10-
2
AQT-PCM
AQT Power and Control Module
_$444.11-_
_$$888.22-
1
AQT-RCS
AQT Remote Configuration Server
_ $$515.31_
_$515.31- _
17
DQMx-02
Digital QAM Multiplexer
_$1957.11_
$33,270.87_
27
DQMx-04
Digital QAM Multiplexer
_ $2847.11_
$76,871.97 _
2
QTRC
QAM Transcoder Rack Chassis
_$71.20_
_$142.40-

LUMP SUM BID for OPTION 1:
$_$119,511.87_
OPTION 2: DESIGN, ENGINEERING AND INSTALLATION SERVICES

TOTAL BID FOR DESIGN SERVICES:
TOTAL BID FOR ENGINEERING SERVICES:
TOTAL BID FOR INSTALLATION SERVICES
LUMP SUM BID FOR OPTION 2:
$ __ INC. _
$ __ 'NC.
----
$ _INC. _
$_INC _

We herewith enclose our cash, money order, a certified or cashier's good faith check or a bond
with corporate surety in the amount of $ __ $11,952.00 being at least ten percent of
the bid proposed.
Date _4/01/09 _

Authorized Signature cfteH H~
Title: Director Systems Engineering

LETTER FROM SEC. BRAY TO OFFICE OF OPEN RECORDS

A Cummunity Committed to Tradition and Progress Incorporated- /815
www.kutztowoboro.org
www.hometownutilicom.org

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45 Railroad Street * Katz/O"II'/I, PA 19530-1/'1 * Phone. 6/0-683-6/3/ * Fax. 6/0-683-6729 * E-mail. adrnin@klltzlownboro.org
May 19,2009
Nathanael J. Byerly, Esquire Appeals Officer
Office of Open Records Commonwealth Keystone Building
400 North Street, Fourth Floor Harrisburg, Pennsylvania 17120-0225
RE: MARINO V. KUTZTOWN BOROUGH, DOCKET #AP 2009-0359
Dear Mr. Byerly:
In response to the appeal that you received on the above matter, please find enclosed a copy of a letter dated May 14,2009, from Frank P. Caruso, Director oflnformation Technology, to Blonder Tongue Corporation, showing the expected project dates for the headend update project. Although there is no formal contract with Blonder Tongue Labs, the enclosed copy of the completed bid form submitted by Blonder Tongue Labs shall function as the contract.
By copy of this letter, Mr. Marino has also been provided with these documents. Trusting that this correspondence will satisfy Mr. Marino's Right to Know request and will further serve to close this appeal.
If you have any questions, please do not hesitate to contact me .
Sincerely,
BOROUGH OF KUTZTOWN

Enclosures
cc: Gennaro A. Marino'
Gabriel Khalife Council Members Frank Caruso
Keith Mooney, Esq.
~" . ~
i NV'fv\;lL \'2\C(s
Bonnie Bray
Right-to-Know Officer

Scan of Frank Caruso's Letter to Blonder Tongue Labs Inc.

The Borough of Kutztown
Frank P. Caruso - Director fccaruso@kutztownboro.orq-(610)683.6131 ext 136
INFORMATION TECHNOLOGY
May 14, 2009
Blonder Tongue Corporation Steve Hegge
One Jake Brown Road Old Bridge NJ 08857
Dear Steve:
As a follow-up to our conversations, we anticipate our on-site project start date for installation and testing of our equipment per the BID will begin June 3, 2009, contingent upon the Borough's receipt of the required Bonds as stated below, and completion to be within 30 days. I have confirmed this with Mark and my staff. Mark will schedule the shift times with you.
Your 10% Bid Bond will be returned upon acceptance of the Performance and Payment Bonds in the amount of 100% of the total Bid.
If you have any questions, please call at your convenience.
Sincerely ~CUb~~ Frank P. Caruso
Director of Information Technology The Borough of Kutztown

Thursday, May 21, 2009

OFFICE OF OPEN RECORDS LETTER 5-21-09

Office of Open Records Reply 5-21-09 Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Nathanael J. Byerly Esq.
Appeals Officer
Officer of Open Records
400 North Street 4th Floor
Harrisburg, Pa 17120

Re: MARINO V. KUTZTOWN BOROUGH DOCKET #AP 2009-0359

Dear Mr. Byerly,
I am in receipt of a copy of a letter sent to you from the Borough’s Right to Know Officer Bonnie Bray, who is also the Borough Secretary, and I do not understand it. She states there is no contract but there is a contract after Frank P. Caruso, Director of, Director Information Technology, sends a letter to the contractor, Blonder Tongue Laboratories, stating,” WE ANTICIPATE OUR ON-SITE PROJECT START DATE FOR INSTALLATION AND TESTING OF OUR EQUIPMENT PER THE BID WILL BEGIN JUNE 3,2009 etc.” His letter refers to a BID FORM which lists some equipment prices and a total of $119,511.87. Borough Secretary Bray’s letter states this Bid Form shall function as a contract. This Bid Form can not function as a contract because it is not signed by a Borough Representative. And it can not function as a contract because it does not list any details. ITD Caruso’s letter mentions installation and testing which is not mentioned on the Bid Form. A contract has to at least list a Scope of Work, a list of Exclusions, types of testing and many more details.
It seems to me that the Borough makes up its own rules as they need them. This project can not move forward with this piece of paper that Mr. Caruso and Ms. Bray produced and called a contract. I spent almost 40 years in the construction business and have never seen such nonsense, and I do not know of any reputable owner or contractor that will honor or work with such an agreement.
This action by Mr. Caruso and Ms. Bray is fraudulent and an insult to the intelligence of the residents of Kutztown. I do not accept this as an answer to my request.
Sincerely,

Gennaro A. Marino P.E.
cc: Kutztown Borough Council
Mayor Green
ITD Caruso
Borough Secretary\Right to Know Officer Bray
Pa. Attorney General
Blonder Tongue laboratories
Others

Tuesday, May 19, 2009

ATTORNEY GENERAL 5-18-09

Attorney General 5-17-09 Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Website www.marinoreport.com
Deputy Attorney General
Norman W. Marden
Dear Sir,
I would like to up date you as to what is happening in the Borough that is related to actions of the Borough and Blonder Tongue Laboratories Inc. The Pennsylvania Office of Open Records has ruled that the Borough should release the Purchase Order to me as per my appeal (attached). The Borough has refused to deliver it to me stating they have 30 days to appeal it. I would like to remind you that I have an e-mail from Blonder Labs (attached) that there were no open Purchase Orders between their firm and the Borough of Kutztown.
Again under the Right to Know Law I have requested to see the tentative the start and completion dates of the contract between Blonder Labs and the Borough and was denied by Borough Secretary\Right to Know Officer Bonnie Bray (attached) stating the Contract does not exist.
Attached please find a letter I hand delivered to the Borough (dated 5-10-09) in which I state among other reasons that the work can not be started without a contract. My letter is clear and the Borough has not answered it.
I have also received a copy of a letter, dated May 11, 2009, sent by The Office of Open Records to Borough Secretary\Right to Know Officer Bonnie Bray (attached) requesting her to submit a sworn affidavit that the contract does not exist and address my statement that the contract does exist. The Borough has until May 26, to respond.
This letter and the attached materials confirm my accusations that the Borough is making a concerted and organized effort to conceal and cover up all aspects of the dealings with Blonder Tongue Laboratories that were illegal from the start which was early March of 2009.
This contract is for Hometown Utilicom WHICH IS A BUSINESS VENTURE AND NOT A UTILITY as the Borough would like everyone to believe. The finances of Hometown Utilicom are blended in with the finances of the General Fund and the Borough’s Electric Fund to further conceal HU finances from the public. The Borough is also illegally financing HU by transferring funds from other Borough departments to fund Hometown Utilicom. NOTE: There has never been a complete financial report on Hometown Utilicom since its inception in 2002.
To further confirm my charges the 2008 Audit has still not been published as per the Borough Code which states it should be published 90 days after the end of the fiscal year which was April 1, 2009. It also confirms the Borough is not very forthcoming with Borough business, records or finances.
I am readily available should you need any further information or documents. Thank you.
Sincerely,

Gennaro A. Marino P.E.
cc: Mayor Green
Borough Council Members
Borough Manager\Treasurer Khalife
Borough Secretary\Right to Know Officer Bray
Borough Assistant Treasurer Samilo
HU Director\Information Technology Director Caruso
Borough Solicitors Mooney and Dietrich
Independent Auditors Long & Barrell
Blonder Tongue Labororatories Inc.

Tuesday, May 12, 2009

OFFICE OF OPEN RECORDS LETTER TO SECRETARY BRAY 5-12-09

COMMONWEALTH OF PENNSYLVANIA OFFICE OF OPEN RECORDS
May 11, 2009
Bonnie Bray
Right to Know Officer Borough of Kutztown 45 Railroad Street Kutztown, PA 19530
Re: Marino v. Kutztown Borough, Docket # AP 2009-0359
Dear Ms. Bray:
As you are aware, our office has received an appeal on the above matter. After reviewing the documents provided to our Office, I will need additional documents to render a decision in this matter.
Please provide our office with a sworn and notarized affidavit verifying that the requested contract does not exist. In addition, please address Gennaro Marino's statements that the contract does exist.
Given the short timeframe I can accept the materials via facsimile no later than May 26, 2009. If the above requested information is not received by this date, the Final Determination will be based on the information that has been provided.
A sample affidavit is available for review on our webpage in the "Forms" section: http://opemecords.state. pa. us
If you have any additional questions, please do not hesitate to contact me. Thank you in advance for your assistance in this matter.
Rey#fiillY,
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anae! J. ]
ARpeals Officer
Office of Open Records Commonwealth Keystone Building 400 North Street, 4th Floor Harrisburg, P A 17120-0225 http://opemecords.state. pa. us
cc: Gennaro A. Marino
Commonwealth Keystone Building I 400 North Street, 4th Floor Harrisburg, Pennsylvania 17120-0225 (717)346-9903 I (717) 425-5343 (Fax) http://openrecords.stare. pa. us

Sunday, May 10, 2009

RIGHT TO KNOW REQUEST BLONDER CONTRACT 5-8-09

Right to Know Request 5-10-09 Gennaro A. Marino P.E.
Kutztown Mayor Green &
Kutztown Borough Council
Dear Borough Elected Officials,
The letter that I delivered to you at the Borough Hall dated May 5, 2009 from RTKL Executive Director Terry Mutchler to Borough Secretary\Borough Right to Know Officer Bonnie Bray is in reference to my RTKL request to see the start and completion dates for the contract with Blonder Tongue Laboratories Inc. Secretary Bray denied my request stating that the contract does not exist therefore there are no start or completion dates. The Council voted to accept the bid from Blonder for $119,511.87 and to award them the contract at the last Council Meeting which means the contract exists. I recently asked Borough Manager\Treasurer Khalife about Mrs. Bray decision to deny my request and he stated he knew nothing about it which means she does not have authorization or approval of her decisions to grant or deny requests from her superiors, the Borough Manager, the Mayor or the Borough Council.
The absence of any leadership or a chain of command on the part of the Borough Council has led to this appeal and will generate more letters from the Borough Solicitor. My last appeal for the Blonder Purchase Order led to the Borough Secretary and the Borough Solicitor contradicting each other in letters to the Office of Open Records which was very embarrassing for the Borough.
I recommend you make public the start and completion dates of the contract immediately so as not to repeat the exchange of letters and confusion as in the request for the purchase order that the Borough was eventually ordered to make public by the Office of Open Records. As per the Borough Code all financial books and records should be published periodically and the Borough can start by publishing a full financial report on Hometown Utilicom.
As per the Borough Code the 2008 audit should have been made public and published in a local newspaper by April 1, 2009 and it was still unavailable at the Borough Hall as a of Friday May 8, 2009 and it was never published in a local newspaper. At least one of you should address this and provide an answer of why the Audit is not available.
Sincerely, Gennaro A. Marino P.E.

Friday, May 8, 2009

OFFICE OF OPEN RECORDS FINAL DETERMINATION 5-8-09

pennsyLvania·

OFFICE OF OPEN RECORDS FINAL DETERMINATION

IN THE MATTER OF

GENNARO A. MARINO, Complainant


v.

BOROUGH OF KUTZTOWN, Respondent
Docket No. AP 2009-0272

INTRODUCTION



Gennaro A. Marrino submitted a request to the Borough of Kutztown ("Borough")

seeking access to a purchase order placed on a Borough Consent Agenda, but not acted upon,

pursuant to the Right-to-Know Law, 65 P.S. §§67.101 et seq., ("RTKL"), The Borough denied

access stating that the record did not exist. Mr. Marino timely appealed to the Office of Open

Records ("OOR").

For the reasons set forth in this Final Determination, Mr. Marino's appeal is granted, and

the Borough is required to release the record.

FACTUAL BACKGROUND

On March 27, 2009, Mr. Marino submitted a right-to-know request to the Borough

seeking "'a copy of the purchase order of $119,511.87 which the Council was to ratify at the

March 17, 2009 council meeting" ("Request"). Bonnie Bray, Right-to-Know Officer of the

Borough timely responded on April 1st and advised that Mr. Marino's Request "is denied

1

Wednesday, May 6, 2009

OOR LETTER TO B.BRAY AND I 5-5-09

COMMON\VEALTH OF PENNSYLVANL<\ OFFICE OF OPEN RECORDS
May 5, 2009

Gennaro Marino 409West Main Street Kutztown, P A 19530
RE: DOCKET # AP 2009-0359

Bonnie Brav
Open Records Officer Borough of Kutztown 45 Railroad Street
Kutztown, P A 19530


Thank you for writing to the Office of Open Records regarding the Right-to­Know law, 65 P.S. §§67.101, C«RTKL"). The OOR has received an appeal on May 5, 2009. This letter will explain our process and provide the Agency a copy of the appeal.
The OOR will assign an Appeals Officer to review the case. If all procedural requirements have been met the Appeals Officer will review the file, consult with agency counsel as appropriate, seek any necessary additional information and issue a Final Determination. The Appeals Officer may conduct a hearing, but that decision is non­appealable. If all procedural requirements have not been met the parties will receive a letter stating why the appeal has not been accepted and that no further action is needed.
If additional information is necessary to reach a Final Determination, the Appeals Officer will ask for it in writing with a deadline for submission. If either party would like to submit unsolicited information they must do so within seven (7) business days from the date of this letter and provide a copy to the opposing party. Agencies are reminded that the burden of proof rests with them in citing the exception, law, regulation, judicial order or privilege to deny a request.
The OOR has 30 calendar days to issue a Final Determination. If you would like more information, please see our Web site, http://openrecords.state.pa.us, where all Final Determinations will be posted.
Respectfully,

Terry Mutchler Executive Director
, ,\t
fi N )~'\i~
VI
Commonwealth Keystone Bl ,.J f'llorrh Street, 4th Floor
Harrisburg, Pen •• ,ylvania 17120-0225 (717)346-9903 I (717) 425-5343 (Fax)

OFFICE OF OPEN RECORDS LETTER TO MOONEY ESQ.5-4-09

COMMONWEALTH OF PENNSYLVANIA OFFICE OF OPEN RECORDS
May 4, 2009
Via Facsimile
Keith Mooney, Esquire Barley Snyder LLC
50 North Fifth Street P.O. Box 942
Reading, PA 19603-0942
Re: AP 2009-0272, Marmov. Kutztown Borough ("Borough") Dear Solicitor Mooney:
I received your correspondence faxed on May I st which continues explaining your conclusion that the Purchase Order is not a "record" due to lack of official action upon it.
However, the Borough's responses remain unreconciled as to whether the requested Purchase Order, or record of the Purchase Order, exists or not. To.the extent that the record does not exist, kindly supply an attestation by the records custodian, or other person with knowledge, in conformity with 42 Pa. C.S. §6103 swearing to the lack of a record.
As your response to my request for supplementation focused upon the "record" definition defense, absent an attestation being faxed to my attention by close of business May 5th, the OaR will accept your May 1st Letter as confirming the definition as the Borough's sole defense.
Thank you in advance for your anticipated cooperation with this matter.
Very truly yours,
~6'L-.
Lucinda Glinn Appeals Officer
cc. Gennaro A. Marino
Mr. Gennaro A. Marino
409 West Main Street Kutztown, P A 19530
Commonwealth Keystone Building I 400 North Street, 4th Floor Harrisburg, Pennsylvania 17120-0225
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Tuesday, May 5, 2009

MOONEY ESQ.LETTER TO OFFICE OF OPEN RECORDS 5-4-09

50 North Fifth Street P.O. Box 942

Reading, PA 19603-0942 Tel61O.376.6651 Fax 610.376.5243 www.barley.com

VIA FACSIMILE

Lucinda Glinn, Appeals Officer Commonwealth of Pennsylvania Office of Open Records Commonwealth Keystone Building 400 North Street, 4th Floor Harrisburg, P A 17120-0225

May 4,2009

Keith Mooney, Esquire Direct Dial Number: 610.898.7155 E-mail: kmooney@barley.com


Re: AP 2009-0272, Marino v. Kutztown Borough ("Borough")

Dear Appeals Officer Glinn:

In response to your May 4, 2009 correspondence and the correspondence received from Gennaro Marino which was received by your office on May 4,2009, I hereby respond as follows:

The purchase order which is the subj ect of Mr. Marino's request was a computer generated purchase order, generated by the Borough of Kutztown for review by the Borough Council. There does exist a physical copy of a computer generated purchase order, however, there does not exist a copy of the purchase order or an original of the purchase order executed by the Borough of Kutztown and Blonder Tongue Laboratories, Inc. To the extent that I in any of my earlier correspondence gave the impression that the purchase order did not exist, I apologize and hope that this correspondence clarifies the record.

In the event that you require any further information regarding this matter, please do not hesitate to contact me at your earliest convenience.

Sincerely,

Keith Mooney, Esquire

KM/lad:25979 12_1
cc: Gennaro A. Marino


Reading' York' Lancaster' Berwyn' Hanover

MARINO REPLY TO OFFICE OF OPEN RECORDS 5-4-09

Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120

Re: AP 2009-0272, Marino v. Kutztown Borough

Dear Appeals Officer Glinn,

In response to the letter to you dated May 1, 2009 from Kutztown Borough Solicitor Mooney I would like to comment on the following statement, “I should note that the Secretary who prepared the agenda for the Borough Council meeting utilized poor terminology in indicating that the Purchase with Blonder Tongue Laboratories in the amount of $119,511.87 for machinery etc.”

This is the same Official Borough Secretary Bonnie Bray who would not tell me where she obtained the figure of $119,511.87 for the agenda and then also as the Borough’s Right to Know Officer told me in person and in writing that the Purchase Order did not exist.

He also states in his letter it should have read, “to authorize the execution of a purchase order for Blonder etc.” This statement would only hold true if the Purchase Order was not already executed. This is one of the reasons the purchase order should be made public.

Solicitor Mooney’s letter is intentionally misleading. Making this Purchase Order public would not compromise Borough business in any way.

Should you require any further information on this subject I am readily available. Thank you.

Sincerely,


Gennaro A. Marino P.E.

Monday, May 4, 2009

CORRUPTION CLARIFICATION 5-4-09

Corruption Clarification 5-1-09 Gennaro A. Marino P.E.
www.marinoreport.com
As per the Borough Code all purchases of $10,000 or more, unless exempted, shall be bid publicly. The Purchase Order amount of $119,511.87 was agreed upon with Blonder Tongue Laboratories Inc. in early March of 2009 without a public bid. After my complaint the P.O. was withdrawn and Borough Officials Bonnie Bray and Frank Caruso lied and stated to me personally that the P.O. did not exist. Bonnie Bray states this in a denial of my Right to Know Request which is a signed Borough Document that I have in my possession. In a letter to the Office of Open Records Borough Solicitor Mooney stated the P.O. was not a record which disagrees with Bonnie Bray and Frank Caruso. Counselor Mooney states the P.O. is not a record means it exists. To illegally reach an agreement in price of more than $10,000 with a contractor without a public bid, stage a bid and then lie about it is a crime. And Mayor Green, the Borough Council, Borough Manager\Treasurer Khalife, Secretary Bray, HU head Frank Caruso and Assistant Treasurer Samilo were all involved and are well aware of the P.O. and the cover up. Borough Officials do not want the P.O. to be published because it is incriminating. This is a serious violation of the law and all of the above statements can be documented. I hope I have made myself clear.

Friday, May 1, 2009

CORRUPTION EXPLANATION 5-1-09

Corruption Explanation 5-1-09 Gennaro A. Marino P.E.
To sum up my actions of questioning and accusing the Borough of lying about and rigging a bid with contractor Blonder Tongue Laboratories Inc of Old Bridge, N.J. In early March the Borough had a Purchase Order with Blonder for $119,511.87 and as per the Meeting agenda was going to ratify it at the March 17, 2009 Council Meeting. I stated it was illegal because it was not bid publicly and the Council removed it from the agenda and put the contract out for bid. Under the Right to Know law I asked to see the Purchase Order. I received a reply in writing from Borough Secretary\Right to Know Officer Bonnie Bray that the Purchase Order does not exist. I was also told personally by Secretary Bray and Information Technology Director Caruso that the P.O. does not exist. I appealed the RTK decision to the Office of Open Records and Borough Solicitor Keith Mooney replied to the OOR stating that the P.O. was not a record and the Borough did not have to produce the P.O. My blog of April 29, 2009 is a scan of the letter from the OOR to Solicitor Mooney stating his explanation disagrees with Secretary Bray’s reason.
Solicitor Mooney is now in the process of answering the Office of Open Records.
The point I am making is that the Borough does not want the Purchase Order made public because it shows the Borough had an agreement with Blonder for $119,511.87 without a bid or even a check price. This P.O. clearly exposes the conspiracy that the Borough was rigging a bid to give the contract to a predetermined bidder at a predetermined price which is a criminal act.
This P.O. is a public record but the Borough does not want it made public because it is incriminating. Mayor Green, the Borough Council, Borough Manager\Treasurer Khalife, Assistant Treasure Samilo, Borough Secretary Bray, ITD Caruso are all aware of what is going on and are all part of the conspiracy . The Borough Elected Officials can be indicted and can be sued personally because they knew the bid was illegal at the time of the vote. There is much more to this incident which I am sure will come out at a later date.

Thursday, April 30, 2009

OFFICE OF OPEN RECORDS LETTER TO SOLICITOR MOONEY COMMENTS

Office of Open Records Letter to Borough Solicitor Mooney Comments 4-30-09
My last blog is a scan of a letter from the Office of Open Records to Kutztown Borough Solicitor Keith Mooney which was in reply to an appeal filed by me. This letter sets a precedent which means that Mayor Sandy Green, the Borough Council, Borough Solicitors Dietrich and Mooney along with some Borough will have to start making all Borough Books and Financial Records available to the public periodically and not by request. For instance Hometown Utilicom statistics such as the number of subscribers and the revenue from subscribers should be published monthly which would allow the residents to determine if this business venture is viable.
Last week under the Right to Know Law I made a request and yesterday I received a reply from Borough Secretary\Right to Know Officer Bonnie Bray which I stated and I quote, “I would like to see the start and completion dates of the Blonder Tongue Laboratories contract to update the head end to digital when they are available”.
Her reply was and again I quote, “Your request is denied because the contract does not exist and because there are no start and completion dates established for the head end project”. You have a right to appeal etc. She makes the statement that the Contract does not exist even though the bid for it was voted on in Committee and then voted on and accepted at the April 21, 2009 Council Meeting. She also states there are no start or completion dates established despite the fact that this work must be completed, as per a Federal regulation by June 12, 2009. Of course I will appeal this decision.
Gennaro A. Marino P.E.
www.marinoreport.com