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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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
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44 comments:
The "document does not exist" was the same response Secretary Bray gave to my purchase order request which ended up that the Borough was directed to give me. If the contract does not exist the work can not be completed. Again the Borough does not want this information made public which agrees with there is no Annual Audit available at the Borough Hall which should have been made public April 1, 2009. Again the Borough will waste money attempting to withhold open records from the public. It will cost the Borough next to nothing to make books and records available to the public as per the Borough Code.
You know there is so much focus on the nonsense paperwork that I think you people are all missing the overall Marino objective here. That is, derail the hometown system. If you look at what has transpired you will see that every effort to stall, delay and derail the launch of new products is the the Marino goal. He did this same effort when hometown launched by vetoing all the HU pricing causing additional costs and delays. You have to at least ask yourself why? the obvious answer is, he is being bought off by the competitors. The same held true while he was an elected official.
So why is Marino, the self proclaimed champion of the people so fearful of the Hometown system? the obvious answer is its ability to outperform Service Electric. If the system was not a threat, Marino and SE would leave it alone to die on its own. That obviously is not the case. So now every effort possible is being attempted to stop new products from reaching the Kutztown Community. Both Marino and Service Electric know the new launch of products and pricing is only a few weeks away, both fear what is about to take place.
Personally my vote is for Council to consider this to become a full fledged community system and television and internet are FREE to the entire community. Even if a small technology tax was created, the value to every family would have a significant impact on savings to the home user.
This is possible if you people would start thinking in a proactive manner rather than a destructive one. Marino's mission is to keep Hometown from continuing to succeed, he thinks all of these childish efforts are going to delay and change the thinking of Council but the recent talk has been a TOTALLY FREE COMMUNITY SYSTEM and the people of Kutztown should put this on the Ballot!
There is no way Marino nor Service Electric would ever want this to take place.
Service Electric cannot compete with the new system and launch. Their platform is antiquated and cannot handle the High Definition and Internet on-line movie requirements.
Someone should start asking why HU did not get the KU television contract and file a right to know request to see what exactly SE did to win the contract. You WOULD BE SHOCKED!
As a matter if fact, Marino, how come you didn't make a big deal about HU not getting the contract with KU? I KNOW WHY and you do as well.
Couple of questions for Mr Marino. Why haven't you published HU's financial numbers and customer numbers? you requested them under the right to know. Why did you hold back? You held back because you did not like what you saw. For those of you believing in this guy, he does not publish everything he gets. He only publishes what he wants and makes claims he does not receive what he requests which, I know for a fact, is untrue!.
Marino has been on Service Electrics payroll for some time now. I thought everyone knew that. Evidently not.
As an FYI to all current Service Electric Customers in Kutztown and Maxatawny Township, The television rate to Kutztown Univeristy is $10 per student, per month for the next 60 months!
By law and franchise agreement you have a right to this same rate and same product.
Check into it with Kutztown Borough and Maxatawny and see for yourself.
As far as Marino, he signed a State Ethics form while in office. That form is still on file as a former elected official. The State of PA must now produce this under the right to know. I doubt he listed Service Electric on the form BUT knowing from former employees, Marino did apparantly enjoy free bennies! If one of those folks would step forward, your information combined with the State Ethics committee will put this guy in jail where he belongs.
I LOVE THE IDEA of a FREE community system for Internet and Television, but why is a Technology Tax needed?
First things first. My understanding is SE billed Marino for services during his term as Mayor BUT HE WAS NOT REQUIRED TO PAY. It was then written off as a bad debt.
Secondly, If you are a Kutztown or Maxatawny SE customer you should be receiving a $25.50 customer credit each month on your current bill. This special discount by SE has been in effect since 2002 when HU launched service. If you are not receiving this discount call SE and demand the discount or tell them you are switching to HU.
Now, regarding the Technology Tax, the products HU sell are purchased products and they are purchased and paid for just like electricity. The system also needs to be maintained and upgraded.
You also need to understand this. Marino is NOT ONLY EFFECTING HU CUSTOMERS with his attempt to down this system, he is also EFFECTING the non HU customer receiving the reduced SE rate credit of $25.50.
This is also the reason to consider a Technology Tax, all Kutztown customers would pay for the FREE services regardless, of course at a much less rate. Today EVERYONE enjoys the benefit of HU but only 1/2 the community is paying the freight.
Every one that comments on this blog should be proud and identify themselves. That includes all Borough Officials and employees. It is a known fact that I am the only one with a name. I stand up to all your accusations and attacks which are all figments of your imaginations. I stand for honesty, integrity and open books and records as per the Borough Code.
Let's start with where is the 2008 Mandatory Annual Audit? Where are the amounts of the revenue, expenses and statistics of Hometown Utilicom? What is being done about Hometown Utilicom losing $1 million a year?
Why is the Borough adamant about releasing the Blonder Tongue Laboratories Inc. Purchase Order and Contract? Why do Borough Residents pay twice the rate for electricity as the surrounding area? What is the status of the Contract between Apex and Hometown Utilicom?
Dear No Names I do not need or accept any freebies, in fact I have never even accepted perks. Why do all of you No Names have to speak for the Borough? I think it is about time for the Borough to speak and defend itself instead of having incompetent hired hands, No Names and shills speak for them.
By the way thank you for your comments they are very inspirational and motivate me.
SE is increasing their rate by $4.00. Several times in the past month their service has been substandard with absolutley no service provided at times during the day and night. There is no excuse for this shoddy service. If this continues to occur, I will either get a dish or switch to HU. So Jerry, you better tell your buds to get on the ball and improve their service.
Marino. I would hardly call myself a no name. I have challenged you in the past, have spoken out against you in the past, have called your bluff in the past, have arranged to meet with you in the past, have maligned your character in the past, have told everyone about your spurious past in the past, and signed my name to every comment in the past. You are a phony hiding under your bed, playing with yourself and your laptop. You know who and where i am. Point that out in your next comment.
Gary Hasenauer publish your address and telephone number I am sure Jerry will respond to your attacks.
Gerry, if you want answers then take your questions to the right forum, the Council Meeting in front of the Public and Council. Stop pretending by using this blog. It is not the official place for the Council to respond.
Its obvious you don't want the Council to answer you, thats why you cowar away from facing them.
You keep asking about the financials, you have been told at least 60 times that they are on the website. You are too lazy to go get them yourself.
Everyone take notice, MARINO DID NOT DENY THE FACT THAT HE IS TRYING TO DOWN HOMETOWN.
Don't fall for his bullshit.
Hey Mr Marino, I believe you are on your sixth week of trying to get the Borough to give you the Blonder Tongue Purchase Order. Still think you are winning?
You can see by the comments that Jerry is winning. It's easy to win against no names. By the way I checked Jerry is right there is no 2008 Audit available at the Borough Hall.
GH is a trouble making S starter? Show up or shut up GH!
The only GH in the Berks phone book is listed living at 506 S. 5th street, Hamburg so why he should care about what happens in Kutztown is strange.
To "So then said"
My goodness such strong language "S starter", you will rot in"H" for that.
BTW - Has anyone noticed that Gerry Marino's initials are "GM" like the "GM" looking for free handouts to survive? The big guns at the real GM are parallel to the GM of Kutztown, full of bullshit, oh I am so sorry I meant "B", sorry if I offended you "So Then said".
Jerry has my name, phone no. and address. You expect me to be dumb enough to hand it out freely to someone named anonymous? Typical Marino rooter. Let me also remind you that i have slammed Marino`s character early and often, but i have never told a lie about him. And, i do not now or have i ever lived in Hamburg.
In that case I would be highly offended if I was the GH living in Hamburg. You post very little to be proud of and some of your language is and should be offensive to a lot of people.
If you don`t like it, don`t read it! Now, that was not too hard for you, was it?
Now that exactly the answer that anyone following your comments would expect you to make. Thanks Gary for making my point
You are very welcome.
You can see from Anonymous the character behind the person. Gerry Marino is an anarchist and apparently from your responses, you are a follower.
Reason no one of official capacity takes Marino seriously is simple, he cannot back up what he says. He has worn out the word "illegal" and the only reason he knows it so well is from his New York background and his former life.
To those of you following Marino, open your wallet and pay for some research and learn for yourself. There is one reason Marino cannot fire back because the truth about him has been spoken. He can't deny the truth about himself in an official forum like court. That's why he try's to create threats but he will never spend his own money. As long as, like he said, the few, "Country Bumpkins" (referring to Kutztown residents) continue to urge him on, he will. No expense to him to write a letter here and there, the expense falls on the Borough and its Residents. Every time he pens a RTK request appeal, the people of Kutztown pay $200. Since his introduction into Kutztown he has cost the Borough Residents over $150,000, that waste could have gone to the Train Station Project, The hiking Trail, even to committees like The Environmental Action and Kutztown Community Partnership.
If Marino and people like you don’t like how the Borough is run, then deal with it at the polls, stop wasting the Residents money. All this is doing is causing more rate increases. No one is holding Marino accountable for the 100% liability insurance increase, why not?
How come you people don’t answer the question about how downing Hometown Utilicom would help the community?
In 2000 when the Foundry was looking to pull up stakes and everyone was scrambling to figure out how Kutztown would have to deal with the loss the answer was not taxes it was Hometown Utilicom, another service where the money stayed in the community. Well guess what, the Foundry is not doing well and far behind in their projected electric purchase, so guess what Kutownians the same question that occurred in 2000 may resurface once again. The loss of the Foundry will be a serious problem unless the Borough Residents come through and buy the Borough Services! Start using some common sense or get ready to pay a hefty price.
Marino holds a grudge against the Borough, he could care less at 80 years old that your property tax triples to make up revenue losses. Taxes are for life as we all know. Services, prices fluctuate, which do you prefer?
If this borough wants to make any money due to the loss of electric sols to the foundry, they should use their code enforcement officers to bring in $$$ for the boro by writing citations to people who have grass and weeds higher then allowed and junk laying all around their properties. Look around the boro. Put these public servents to work and bring $$$ into the budget. Don't increase electric bills to make up for any losses. This boro is running people out of this town. It used to be a really nice town to live in. Not anymore. Those days are over. Look around--trash all over the streets (Main st. about the onlty one that gets attention). So GH, do you go to council meetings?
Weeds, you are worried about weeds and high grass.
The intelligence factor is amazing, no wonder Marino can claim to have followers.
Let's see citations for grass, Hmmmm that would cover about 1/100th of the $150,000 Marino wasted for the town.
Look around URABOZO - electric increases are due to the industry and lack of upgrades the past 20 years. Now it is a National problem, greed by private company executives, private country clubs, golf course, yachts, million dollar bonus's, that's the electric current problem. The Borough buys and resells they don't pull the electricity out of their ass.
Next year watch the people from Northampton, Monroe, Lehigh and parts of Berks cry when their 40% increase smacks them in the face.
Not to worry URABOZO, PPL will finance you and then OWN YOUR HOME!
Wake up People!
So G.Marino, why don't you respond to the questions about Hometown?
Come on, tell the truth.
Tell the people of Kutztown why they are not entitled to save money?
Why have you not mentioned PPL's soon to be here rate increase doubling their electric rate? .
I have another question for you, what did you do when you had your chance as Mayor? You had four years to make changes. What single new program for the community did you introduce?
You did proclaim yourself as "The best damn Mayor these Country Bumpkins ever had".
Mr G Marino, you are making false claims once again.
You claim you never accepted perks.
You used the Police Department as your own personal taxi.
You did not pay for video tape copies you ordered from the Borough.
You did not pay for business cards you personally ordered for yourself.
You did not allow the Police to partcipate in a LCB raid at a rental unit of a friend of yours.
You requested under the Right To Know information regarding a contract, caused expense, never picked up the documents.
You state you never took perks. The above are PERKS. You took advantage of your elected official position and pushed your weight around.
Next time, try and think before you answer.
Attacking the Messenger does not change the Message. Not one of these comments address the message. Jerry is on the right track.
Annonymous above. Not sure what you are talking about, one track mind same as Marino. What message? Because Marino makes statments, and claims, does not mean they are factual.
Most of Marino's tirade is invented. What he tends to ask for is not available because it does not exist.
For example: He wants the Hometown Audit. Hometown is part of the Telecommunications Fund. (For you bone heads, a Fund is similar to a company in the private sector)
The Borough prepares the books, entries and details and the Auditor closes the books for each Fund, approximately 12 for the Borough not including Kutztown Municipal AUthority and Kutztown Transportation.
Municipal Governments accounting process's are not the same as private business. Each and every fund is an independent entity. In the case of Marino's request, Hometown is part of Telecommunications. Information Technology is part of Telecommunications. So when Marino wants calls for an Audit Report or Financial of Hometown Utilicom its not possible, does not exist as Hometown is part of Telecommunications. He can and has asked for the Telecommunication Financials and has been given these documents. They also are online.
I am so glad we have a Borough councilman hooked on this web site. Who else would be telling all these things that only they know as per the last comment
Keep Fishing.
Anyone out there know why Mr G never reprints responses he receives from the OFFICIALS's, like the DA, FBI, CIA,Borough? He reprints the State response but not the refusals or official answers sent to him?
Could it be he is censuring? Hmmmm, I'll take that bet.
Anonymous, Not sure which hole you crawled out of but all of these items Marino claims to not have, have been described hundreds of times on this Blog. You don't have to have a Masters degree to figure this out, all you have to do is request under the Right to know Act, all the responses from the Borough to Marino to find out the truth. Maybe if you took the time to research for yourself you would begin to understand what this guy is up to, unless of course you are already involved which it does look that way. You sound like the kind of person Marino is trying to become employed by the Borough, you know, be an insider and then owe Marino for the appointment. talk about corruption, not to far off base, AM I? Fortunately for this community "The Country Bumpkins" are tuned to your efforts.
No fishing required. Anyone who knows this cast of players knows who is who and they also know better than revealing who they are as they will immediately be ostracized in the community the same as GM is.
Please sign the new Country Bumpkins for Marino petition at the front desk in Borough Hall.
Gary Hasenauer as soon as I get your address you will have to back up all the comments you have made on this blog. The dates and comment numbers are as follows:
may12 #3,9,17 may4 #9 may1 #5 apr29 #5 apr28 #1 Apr21 #1 mar25 #1,3,5
mar23 #1,3 Mar22 #2 feb20 #16 feb18 #1 feb15 #6 feb13 #1 feb12 #3 feb5 #1,4,6 feb4 #5 feb2 #3,7 jan30 #4 jan20 #6,8 jan18 #5,9 jan13 #3 jan10 #5,7 Please send me your ID and address at your convenience
Hey Mr. Greth: 1st you say i don`t exist, now you ask me to back up my comments. Which is it?
Gary Hasenauer don't change the subject give Jerry your ID and address.
GH says on this page that Jerry has all he needs to find him I guess to prove he is the honest one GH could publish his true name, address and telephone# for all of us to see. I guess not.
For all you doubters out there, Jerry has my true name, telephone no. and address. To pretend his does not have it is just another way of avoiding the obvious. And, please don`t forget, I am the most honest person i have ever met, and i stand behind every inaccurate statement i have ever made.
Gary Hasenauer I like that "Jerry has my true name, telephone no. and address". In other words you are admitting you are a fraud, which means you can be an Elected Borough Official or a Borough Employee. Call Jerry's bluff and give him your ID and address. Whoever you are it is time to put up or shut up. Please watch the profanity and vulgarity.
You said to give my "true" name. That`s what i did. Jerry is the one putting up the smoke screen. He has known who i am from inception, but plays it like he does not know, all to throw every one off track and not have to answer all the verified charges against him. Plus, a lot of the anonymous comments posted to his blog are coming from his own pen. Think about it. This is another one of the tricks he uses to try and make everyone think he is on the right track. It1s his blog. He is the one who has not furnished any proof of the allegations set forth. Not one shred of proof has ever been offered. Just think about that before you post your next pro Jerry comment.
GARY HASENAUER Your lies continue, you can't help yourself. What makes you think I would not come after you if I knew who you are. What makes you think you can abuse and trash me and I would accept it. How can I know who you are when you are a nameless, faceless, coward and an outcast. I do not associate with or know anyone like you. If you are so pleased with all yor lies and fabrications be proud and identify yourself to everyone. Stand alone as I do and stop looking for help from your anonymous friends, don't forget they are anonymous friends. Defend yourself. I'm ready.
That's right Jerry. You tell the ___A! It doesn't take a rocket scientist to figure out he is a borough employye or councilman. Don't let people like him upset you. Just do what you have been doing. We beleive in you no matter what!
This is getting silly. Just more of your smokescreen. You want me to tell all your stooges my address and phone no. I will, just as soon as you show them your honorable air force discharge and your engineering degree. Now that`s a fair exchange, don`t you agree? The ball is in your court. Oh, did i say court? I`m curious to see how you will dodge this one, but i bet you will think of something.
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