ATTORNEY GENERAL 4-13-09

Attorney General Blonder 4-13-09 Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Attorney General Tom Corbett
Strawberry Square
Harrisburg, Pa 17120
Dear Sir,
The Borough of Kutztown stated on the consent agenda for the March 17, 2009 Council Meeting I quote: ratify the issuance of a purchase order to Blonder Tongue Laboratories Inc., Old Bridge, N.J, in the amount of $119,511.87 for machinery and equipment for the transition of the head end to Digital (attached exhibit #1). I notified the Borough Council in writing (attached exhibit #2) that it was illegal to ratify the purchase order because it was for more than $10,000 and was not bid publicly. Note: As per the Borough Code contracts for more than $10,000 must be bid publicly.
The Borough Council removed the purchase order ratification from the agenda and did not vote on it. In a Right to Know Request I asked for a copy of the purchase order and received a reply from Borough Secretary Bonnie Bray which stated the Borough Council did nor ratify it, therefore it does not exist (attached exhibit 3).
This contract was for Hometown Utilicom which is not a Borough Utility, but a Borough Business Venture that sells internet, telephone and cable TV services to the public. And the Borough has been and is reluctant to divulge any financial information about the venture.
I approached Secretary Bray personally and asked to see a copy of the purchase order. She said it did not exist and referred me the head of Hometown Utilicom Frank Caruso who also stated it did not exist. I asked both of them where the exact amount like $119,511.87 came from and neither one could tell me. I contacted the contractor in N.J. and they e-mailed me stating they had no purchase order and stated they had a bid package for digital upgrade from Kutztown (attached exhibit#4).
On seeing the bid package I noticed it wasn’t dated and Secretary Bray stated it does not need a date. I stated the bid package should be dated and the date was deliberately omitted to hide the fact that it was made after the meeting date of the purchase order. This is a deliberate and arrogant act to cover up the attempt to let out a contract without bidding it legally by the Borough Council, Mayor Green, Borough Manager\Treasurer Khalife, Borough Secretary Bray, head of HU Caruso and Borough Solicitors Dietrich and Mooney.
April 8, 2009 the bids were received and opened. There were 2 bids. They were:
Advance Media Technology $104,858.51
Blonder Tongue laboratories $119,511.87
There was a question that maybe Advance Media may have excluded part of the contract. The Council President stated they would have to consult Counsel. The fact that the amount of Blonder Tongue Laboratories’ bid is exactly the same amount as the Purchase order that does not exist means the bid document was given to Blonder Tongue Laboratories Inc. weeks before the Council vote and a month before the bid opening. This is collusion to favor a bidder.
This is a bold and deliberate attempt by Kutztown Borough Officials to defraud the residents of the Borough by letting out such a huge contract without a legal bid. I request a complete investigation of this incident. I have documented all my charges to aid your investigation. Please feel free to contact me should you need any additional information. Thank you.
Sincerely,

Gennaro A. Marino P.E.