Monday, December 27, 2010

Eidle letter 12-27-10

December 27, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
kmayor@ptd.net
marinoreport.com
Kutztown Council President Eidle
Kutztown Borough Hall
Dear Council President,
On December 23, 2010 a Reading Eagle article announced a 6.5% increase in our electricity rates and you stated in the article that it was because of the increased cost of delivery and then you state that 3% of it was going into the General Fund. I am sure the revenue from the 3% increase will find its way into the Telecommunications Department which loses about $1 million a year.

Speaking of Telecom, under your leadership the Borough has refused to give me Telecom financial reports for 2008 and 2009 as ordered in the Final Determination by the Office of Open Records. In refusing my request Solicitor Mooney stated it would be onerous and a herculean task to list each and every expenditure in my request for 2008 and 2009 audits or budgets. President Eidle, you and Solicitor Mooney know, by law, that all revenues and expenditures should have been listed and totaled out in their annual reports, ask your independent auditor Long & Barrell.

Then you quietly conduct Budget meetings on Sunday morning at 8 am and hope the public will not attend. In fact the budget wasn’t important enough for you to attend. The meeting was opened at 8 am and was adjourned at 1:30 pm. 51\2 hours and there only about 2 pages, double spaced, for the meeting minutes.

I also asked the Borough about the retirement of Secretary Bray and was told she received a sizeable amount of settlement money from the Borough and there was no wrongdoing by the Borough. I asked for further information of the details of the case and was told by the Borough all the information was not published because it was covered by lawyer- client privilege. There has to be a very good reason she received the settlement and it should be made public.

To sum up it is about time you realized that you are a public servant and are obligated to update all Borough finances and activities to the public.

The public should know the amount of revenue that will be raised with the 6.5% electric rate increase. The public should also be told why the Borough will not abide by the Office of Open Records Final Determination to make the finances of Telecom public and the Borough Secretary’s retirement should also be discussed publicly.
Sincerely,


Gennaro A. Marino P.E.

Tuesday, December 7, 2010

TAC Letter 12-6-10

December 6, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977

Telecom Advisory Commission

Dear TAC Members,
I saw in the minutes of your meeting that the Borough was going to read one of my letters to the Borough so I am taking the liberty of enclosing some of my correspondence about Telecom. The Borough has NEVER published any financial report, budget or audit on the Telecommunications department since its inception in 2002. Telecom has never had a marketing firm.

I requested statistics for Telecom for 2008 and 2009 and paid for 24 pages of statistics with revenue amounts blotted out and have enclosed a copy of a page for you to see the arrogance and ignorance of the Borough when it comes to he finances of Telecom.

I have NEVER received a reply from the Borough when I stated Telecom loses $ 1 million a year, that the Borough was illegally moving revenue into Telecom from other Borough Departments by gimmicks such as services, rents etc. and falsifying its financial records.

I also saw in your meeting minutes you ask who is in charge of Telecom and what is the chain of commands. It is strange that after 8 years you do not know who directs Telecom.

There are many more questions you should ask of the Borough. How can you advise the Borough on Telecom without a financial report?

I can back up all my statements and the Borough residents should have the financial records of Telecom which is a business venture.
Feel free to contact me at any time. Thank you.

Sincerely,


Gennaro A. Marino P.E.

Friday, December 3, 2010

RTK Glinn 12-3-10

December 3, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-83-7977

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

Re: 2010-0899 Marino v, Kutztown Borough

Madam Appeals Officer:

The FINAL DETERMINATION of the above cited case dated October 25, 2010 states in its CONCLUSION that within thirty (30) days the Borough is required to disclose all records responsive to parts 1, 4 and 5 within its possession, custody or control. It also states, This Final determination is binding on the parties.

As of today, thirty-nine (39) days after the October 25, 2010 notification date set by you, I have not received a Borough Appeal from you or any type of response from the Borough.

This clearly demonstrates the Borough’s defiance, arrogance and unwillingness to make the financial records of Telecommunications public. The Borough never stated they were not public records or that the public was not entitled to see them.

Mayor Green, the Borough Council, Borough Solicitor Keith Mooney and Borough Manager \ Right to Know Officer Khalife are all personally aware of and responsible for this illegal situation.

Thank you.

Sincerely,

cc: Kutztown Borough Council
Mayor Green Gennaro A. Marino P.E.
RTK Officer Khalife
Borough Solicitor Keith Mooney
Borough Employees
Telecom Advisory Commission

Wednesday, November 24, 2010

Att. Gen. Corbett 11-22-10

November 22, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977

Pennsylvania Office of Attorney General
16th Floor Strawberry Square
Harrisburg, Pa 17120
Attorney General Corbett
Dear Sir:

Congratulations on being elected Governor of Pennsylvania. I voted for you. Good Luck and success in your new undertaking. I have confidence that you will take care of us.

I have written you September 24, 2010 and October 8, 2010 about the irregular and illegal activities of the Borough of Kutztown in the operation of the Borough’s Telecommunications Department. I have not received a reply or an acknowledgement to either correspondence.

I would like to keep you abreast of the continuing misrepresentation of and the finances of the Telecom Department. In a letter from Borough Solicitor Keith Mooney to the Office of Open Records (attached) dated October 11,2010 he states, I quote, “The Telecom entity is not a separate entity and is a department of the Borough as is the water department, the sewer department and the electric department.” The truth is the Telecom Dept. is a Business Venture and is separate from the Borough Utilities because it can incur a loss or generate a profit.

In my Right to Know Request I asked to see the finances of Telecom and Solicitor Mooney states in the same letter and I quote, “If the Borough must provide an accounting for the receipt of and the expenditure of each of the $2,000,000 involved for calendar year of 2008 and similarly do so for the calendar 2009, the request would seem to be onerous and require a herculean task on the Borough to account for each and every expenditure made from the telecommunications fund.” This statement by Borough Solicitor Keith Mooney is proof that the Borough has no financial records for Telecom, a Business Venture. All businesses record all expenditures and revenue at the end of their fiscal year and can be easily printed for any resident’s request.

Put the above actions with my previous complaints and it is clear that the Borough’s elected officials, Some appointed Borough employees and Solicitor Mooney are deceitful and do not want to make the finances of Telecom public as set forth in a Hometown Utilicom Annual Report by former Borough Manager Jaymes Vettraino dated August 1, 2003 (attached). I believe this is also a Borough Code violation. In fact there has never been a financial report on the Telecom Dept. since its inception in 2002. I also believe Telecom loses about $1,000,000 a year.

Please look into my complaints on behalf of the Borough residents. Thank you.

Sincerely,


Gennaro A. Marin P.E.

Wednesday, November 17, 2010

Bray Retirement 11-15-10

Open Letter to Elected Officials 11-15-10 November 15, 2010
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Kutztown Mayor Green &
Kutztown Borough Council
Dear Elected Officials,
Today I made a Right to Know Request concerning the details of the retirement of Borough Secretary Bonnie Bray. Secretary Bray left very quietly, no one was aware of it and no one is allowed to speak about it. You all know that this is public information. Why is her resignation a secret, and what deals, if any were made? Actually where is it noted that you have the authority to make secret deals and keep them from the residents. I believe this was all done illegally with the approval of Borough Solicitor Mooney.
Speaking of Borough Solicitor Mooney of Barley Snyder LLC, he is currently defending the Borough in denying my Right to Know Request asking for the finances of the Telecom Department. In his letter to the Office of Open Records dated October 11, 2010 he states and I quote,”you have asked that I explain the relationship between the Borough and the Telecom entity. The Telecom entity is not a separate entity and is a department of the borough as is the water department, the sewer department and the electric department”. The fact is Telecom is not a department as he states but is a Business Venture that can make a profit or incur a loss and it was sold to the residents of the Borough as a future big money maker by former Borough Manager Keith Hill, President Malcolm Eidle, past Presidents Jan Crooker, Carl Mantz, Eric Eely, Information Technology Director Frank Caruso, Former Borough Manager Jaymes Vettraino and others. In fact Mr. Vettraino states in his Hometown Utilicom Annual Report dated August 1, 2003 that Fiber To The Home is a government venture whereby its financial information should be reported to the citizens of the Borough. He also states it is our belief that the public should be provided with updates on major government projects on a timely basis and in a concise format. He goes on to say it is appropriate to measure the progress of the project against presentations and projections that were previously made.
Counselor Keith Mooney states my requests were vague and incomplete, if the Borough followed the procedure as outlined above by Mr. Vettraino I wouldn’t have to make requests. The finances would have been made public periodically. All of you have short memories. The above report by Mr. Vettraino was hand delivered by me to the Borough Hall for you with my letter dated November 3, 2010.
I would like to inform Solicitor Mooney and you seven that to get an annual report on any firm on the stock exchange all you have to do is call any brokerage house and say you are interested in a certain company and you will receive an annual report and spread sheet with all the facts such as profits, losses and earnings for the past few years and forecasts for the next few years. They are happy to provide the report.
You have appointed a Telecom Advisory Commission and you have not given them a financial report because I believe there are no financial reports. It is verified by Solicitor Mooney’s letter where he states my request would seem to be onerous and require a herculean task on the borough to account for each and every expenditure made from the telecommunication fund. To me this shows the Borough does not have the total expenditures totaled out because funds are intertwined illegally with other Borough Departments.
To sum up, the situation is that the Borough has never published and has no intentions of publishing a financial report on Telecom because it loses money and has lost money for all the years since its inception in 2002 and does not want the public to know. I demand you publish a financial report on Telecom for the residents of the Borough.
Sincerely,
cc: The Public

Gennaro A. Marino P.E.

Tuesday, November 16, 2010

Bray RTK Request 11-15-10

Right to Know Request
re: Secretary Bonnie Bray’s Retirement, dated November 15, 2010

(1) I would like to see all correspondence and documents between the Borough of Kutztown and Secretary Bray pertaining to her retirement and the financial settlement she received from the Borough. This should include all documentation of the amount of all funds she received from the Borough.
(2) I would like to see all correspondence and documents between the Borough of Kutztown and the Borough’s Insurance Company pertaining to the retirement and the settlement she received from the Borough. This should include all details and documentation of the amount of funds she received from the Borough’s insurance firm.
(3) I would like to see the minutes of the Borough Council Meeting in which Secretary Bonnie Bray’s retirement and settlement were discussed and voted on.
(4) I would like to see the documents and date of her retiring and any documentation of the public announcement of her departure.

Thank you.


Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977

Saturday, November 6, 2010

RTK letter to council 11-3-10

November 3, 2010
Gennaro A. Marino P.E.
409 West Main St.
Kutztown, Pa 19530
610-683-7977
Kutztown Borough Council &
Mayor Green
45 Railroad Street
Kutztown, Pa 19530

Dear Elected Officials,
Under the Right to Know Law I have requested some Borough financial records and documents from the Telecom Department and under your supervision and direction Borough Solicitor Keith Mooney is offering many lame excuses not to let me have them. All the financial records of Telecom are public records and should be published periodically according to the Borough Code and I should not have to request them. Attached please find a Hometown Utilicom Annual Report dated August 1, 2003 by then Borough Manager Jaymes Vettraino which clearly states the public should be provided with updates on a timely basis and in a concise format. It also states it is appropriate to measure the progress of the project against presentations and projections that were previously made. He goes on to say FTTH is a government venture whereby its financial information should be reported to the citizens of the Borough.

The 5th paragraph states and I quote, “IT IS THE RESPONSIBILITY OF THE APPOINTED AND ELECTED OFFICIALS, WITH CONSTANT INPUT FROM THE COMMUNITY, TO GUIDE THE FUTURE OF THIS PROJECT TO PROVIDE THE UTMOST BENEFIT TO THE BOROUGH OF KUTZTOWN”.

There has never been a financial report on Telecom and this report in paragraph 3 states, “The financial statements presented in this report are unaudited and composed by the Borough staff”.

I think you all should start reading the Borough Reports because the last paragraph states, “As always, if you have any questions about this report or questions about any of the Borough operations, please do not hesitate to contact the Borough”. Sincerely, Jaymes Vettraino, Borough Manager.

It is a disgrace and a waste of tax payer’s money to direct and pay Borough Solicitor Mooney of the Barley Snyder Law Firm to help you violate a Borough Policy that was approved by you.

I would appreciate a response to this letter. Thank you.

Sincerely,

Gennaro A. Marino P.E.
cc: Telecom Advisory Commission

Monday, November 1, 2010

Letter to the Editor Reading Eagle 11-1-10

November 1, 2010
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Reading Eagle Editor
Dear Editor,
When President Obama was circulating his propaganda about his Obama healthcare he stated I would be able to keep my HMO. What he intentionally did not state was my monthly premium would increase to $153.80 January 1, 1011 from $115.40 which it was the day he was elected. He also neglected to say all my co-pays would be increased substantially.
It is safe to say that no matter where he lived or where he came from he does not have a clue as to who we are and what America stands for. He never hung out on a corner. He never had a job. He was never laid off. He never stated how his college tuition was paid for. He never even ran a candy store.
He also stated spend, spend, spend. I was brought up and taught to save, save, save for a rainy day. Under his administration every day is a rainy day.
I am a senior citizen and have Medicare. Thank you.
Sincerely,

Gennaro A. Marino P.E.
Resident of Kutztown

Thursday, October 21, 2010

Office of Open Records 10-21-10

October 21, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Pennsylvania Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120

Re: AP2010-0899

Dear Ms. Glinn:

After reading Borough Solicitor Mooney’s letter to you several times I realize that he does not comprehend that all I want the Borough to do is publish a financial and statistics report on the business venture of the Borough’s Telecom Department. The residents of Kutztown are entitled to know if Telecom is profitable or is operating at a loss. And they are also entitled to know the number of subscribers.

Each time I request a financial report on Telecom the Right to Know Officer Khalife and Solicitor Mooney refer me to the financial reports of the Borough. Solicitor Mooney also sent you some pages of the Borough finances which do not detail the revenue and expenses of Telecom. And the 24 statistics pages I paid for and sent you have all the financial figures blotted out.

I have stated all along that I do not think the Borough has records on Telecom. Solicitor Mooney states in his letter and I quote, “I do believe that there are records which exist to verify the amounts provided to Mr. Marino in response to Part 4 of his request.” He believes, doesn’t he know? I noticed he did not send them to you with his letter. And why doesn’t the Borough make them available to me at $.25 a page?

This action is a concerted effort by the Borough Council, Mayor Green, Borough Manager\Right to Know Officer Khalfe, Information Technology Caruso and Solicitor Mooney to withhold the financial records of Telecom from the public.

Again, I repeat there has never been a complete financial report on Telecom in the 8 years since its inception in 2002. If there is or was one the Borough should make it public.

As far as I’m concerned I have not received any satisfactory information in response to my Right to Know Requests. Solicitor Mooney’s letter responds to your letters of October 4 and October 5 but does not address my Right to Know Request. Thank you.

Sincerely,


Gennaro A. Marino
cc: Borough of Kutztown

Wednesday, October 20, 2010

OOR Letter 10-15-10

October 15, 2010
Gennaro A. Marino P.E,
409 W. Main St.
Kutztown Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Pennsylvania Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120

Re: 2010-0899 Marino v, Kutztown Borough

Madam Appeals Officer:

This letter is in response to the correspondence you received from Kutztown Borough Solicitor Mooney dated October 11, 2010. It is obvious from this correspondence that the Borough does not want to publish a financial statement on Telecom, Hometown Utilicom or whatever they would like to call it. What I am requesting is financial information that should be published periodically because Telecom is a BUSINESS VENTURE and NOT A UTILITY. All residents are required to subscribe to Borough Utilities, but they are not compelled to subscribe to Telecom. Also the utilities are not permitted to make a profit where Telecom, as a business venture, is allowed to make a profit or incur a loss. The Borough told the residents that this venture was to be a big money maker, but the Borough never published a complete financial report since its inception in 2002. Attached please find a copy of page one of a Hometown Utilicom Report by then Borough Manager Vettraino dated August 1, 2003 describing the Borough’s intentions to publish reports on a timely basis.

Solicitor Keith Mooney neglected to mention my August 12, 2010 Request when RTK Officer Khalife stated he could not fulfill my request because Hometown Utilicom is a “service mark” and not a utility therefore it has no records. Enclosed is a copy of Hometown Utilicom dated August 2010 (Accept Use Policy Hometown Utilicom Customers) which only mentions Telecom Services. There are also many other Borough Documents that state that HU is Telecom. This delayed my request until I changed my request title to Telecom September 12, 2010.

On the bottom of page 2 of Solicitor Mooney’s letter it mentions my request for the amount of funds received from HU subscribers outside the Borough. In my request of August 12, 2010 I asked for revenue for the years 2008 and 2009, but in my September 12, 2010 I neglected to state the time period. He then states that RTK Officer Khalife sent me the amount of funds from outside the Borough. That is true the amount was $284,501.49 for 2009 no figure for 2008. When I asked to see the Borough Documents (my letter dated September 16, 2010) verifying the amount I received a reply from the RTK Officer dated September 20, 2010 it stated revenue from outside the Borough for 2008 was $40,310 and for 2009 it was $119,701. I question the big difference. My requests are for old records which should all be totaled out and do not have to be summed up. He then goes on to say I, as the former Mayor of Kutztown should know the Borough only serves Maxatawny outside the Borough. I asked for funds outside the Borough, I did not ask from where. Solicitor Mooney brought it up for political reasons. I want you to know I am 81 years old was Mayor from 2002 to 2005 and have no agenda or political aspirations. All I want is for the Borough to publish the financial records of Telecom for the residents of the Borough.





I constantly ask for financial reports on Telecom and Kutztown RTK Officer Khalife and Kutztown Solicitor Mooney keep referring me to the Borough Budget and Audit. The Borough’s Annual Audit does not record funds transferred within the Borough it only tracks funds into and out of the Borough. Auditor Mr. Long of Long & Barrell told me so. Long & Barrell are the Borough’s Independent Auditors. Borough residents should be able to see the movement of funds between Borough Departments. A good example is Solicitor Mooney sent you some financial records for 2008 and2009 and I can not find the $40,310 for 2008 and the $119,701 from 2009 from outside the Borough that were given to me by RTK Officer Khalife.

Solicitor Mooney never mentioned the 24 pages of Hometown Utilicom Statistics for 2008 and 2009 which I paid $6 for. The 24 pages were altered by the Borough. You have copies of the 24 pages in your possession. Financial figures were blotted out on the documents. How can a municipality sell Borough Documents that were altered? I have asked for my $6 to be returned to me. This was an arrogant and I think illegal act by the Borough.

The documents also show the total receipts for the Telecom Fund for 2008 was $910,222 and total expenditures were $1,334,613. Does that mean Telecom lost the difference $424,391 for 2008? The report also lists total receipts for 2009 was $1,091,346 and total expenditures were $1,351,767. Does that mean Telecom lost $260,421 for the year 2009? Verbally Borough Officials have stated Telecom does not loose money annually. The Borough has to publish a complete financial report on a business venture that has been in operation for 8 years. Please try to accomplish this for the residents of the Borough.

Solicitor Mooney and the Borough would like you to believe this is a personal vendetta between the Borough and I. This controversy is not Marino v. Kutztown Borough. It is the Residents of the Borough v. Kutztown Borough.

Thank you. I am available should you desire any further information.

Sincerely,


Gennaro A. Marino P.E.

cc: Kutztown RTK Officer Khalife

Tuesday, September 28, 2010

Khalife reply 9-16-10

September 16, 2010
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
Kutztown Borough Manager Gabriel Khalife
45 Railroad St.
Kutztown, Pa 10530
Dear Sir:
Thank you for prompt reply to my RTK request dated September 7, 2010. In response to your statement #1 I did not request the Borough Audits for 2008 and 2009 because they are posted on line and were also posted in The Kutztonion. I want to see the finances of the Telecommunications Department.
#2 There is nothing vague about asking for the amount of funds moved into and out of the Telecommunications Department in 2008 and 2009.
#3 As is in #2 there is nothing vague about a request about funds moved into and out of the Telecommunication Department.
#4 You state the gross receipts to Telecom for cable and internet from Maxatawny Township for 2009 was $284,501.40. I would like to see the Borough records indicating this.
#5 My request reads I would like to see the Resolution, Ordinance or legislation or vote by the Borough Council that shows THE DEMAND CHARGE OR THE MINIMUMCHARGE ON THE ELECTRIC DEPARTMENT BILL SHALL BE PAID BY ELECTRIC DEPT. CUSTOMERS. I do not need 11 pages @.25 each which I can get on the Borough Website.
I have picked up and paid cash for the only request that you have made fulfilled which was the monthly statistics of Telecom and I paid 6 dollars cash for 24 pages which I am returning because they have some figures blacked out. If I pay for Borough records they should not be changed in any way. I would also like my $6 returned.
Again I repeat this letter reveals that you Mayor Green, Council Pres. Eidle, Council Vice President Seyler, Council Members Gangewere, Schlegel, Snyder, Mace, Solicitor Mooney and Auditors Long & Barrell are conspiring to withhold the finances of Telecom which is a Business venture and not a utility. Attached please find the first page a Hometown Utilicom Annual Report dated April 1, 2003 by Borough Manager Jaymes Vettraino describing the publishing of the finances of Telecom. Please read #1,#2,#3 in paragraph one. You are all violating the Borough policy and you have violated the Public Trust you swore to uphold. The finances of TELECOM SHOULD BE PUBLISHED IMMEDIATELY.
Sincerely,
Cc: Mayor Green
Kutztown Borough Council
Kutztown Borough Solicitor Mooney
Kutztown Auditor Long & Barrell
Gennaro A. Marin P.E.

Thursday, September 16, 2010

Khalife reply 9-16-10

September 16, 2010
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
Kutztown Borough Manager Gabriel Khalife
45 Railroad St.
Kutztown, Pa 10530
Dear Sir:
Thank you for prompt reply to my RTK request dated September 7, 2010. In response to your statement #1 I did not request the Borough Audits for 2008 and 2009 because they are posted on line and were also posted in The Kutztonion. I want to see the finances of the Telecommunications Department.
#2 There is nothing vague about asking for the amount of funds moved into and out of the Telecommunications Department in 2008 and 2009.
#3 As is in #2 there is nothing vague about a request about funds moved into and out of the Telecommunication Department.
#4 You state the gross receipts to Telecom for cable and internet from Maxatawny Township for 2009 was $284,501.40. I would like to see the Borough records indicating this.
#5 My request reads I would like to see the Resolution, Ordinance or legislation or vote by the Borough Council that shows THE DEMAND CHARGE OR THE MINIMUMCHARGE ON THE ELECTRIC DEPARTMENT BILL SHALL BE PAID BY ELECTRIC DEPT. CUSTOMERS. I do not need 11 pages @.25 each which I can get on the Borough Website.
I have picked up and paid cash for the only request that you have made fulfilled which was the monthly statistics of Telecom and I paid 6 dollars cash for 24 pages which I am returning because they have some figures blacked out. If I pay for Borough records they should not be changed in any way. I would also like my $6 returned.
Again I repeat this letter reveals that you Mayor Green, Council Pres. Eidle, Council Vice President Seyler, Council Members Gangewere, Schlegel, Snyder, Mace, Solicitor Mooney and Auditors Long & Barrell are conspiring to withhold the finances of Telecom which is a Business venture and not a utility. Attached please find the first page a Hometown Utilicom Annual Report dated April 1, 2003 by Borough Manager Jaymes Vettraino describing the publishing of the finances of Telecom. Please read #1,#2,#3 in paragraph one. You are all violating the Borough policy and you have violated the Public Trust you swore to uphold. The finances of TELECOM SHOULD BE PUBLISHED IMMEDIATELY.
Sincerely,
Cc: Mayor Green
Kutztown Borough Council
Kutztown Borough Solicitor Mooney
Kutztown Auditor Long & Barrell
Gennaro A. Marin P.E.

Monday, September 13, 2010

khalife reply 8-30-10

September 10, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
Website www.marinoreport.com
Kutztown Borough Manager Gabriel Khalife
45 Railroad Street
Kutztown, Pa 19530
Dear Sir:
Using the “Service Mark” in your reply to my Right to Know Request is a ploy by you, Kutztown Mayor Green, the Kutztown Borough Council, Kutztown Borough Solicitor Keith Mooney and Kutztown Borough Auditor Long & Barrell to conceal the financial status of the Telecommunications Department from the citizens of Kutztown. Your reply is a disgrace and embarrassment to the citizens of the Borough.
There is a “Hometown Utilicom Annual Report dated August 1, 2003” by Kutztown Borough Manager Jaymes Vettraino which states and I quote from the first paragraph: Three reasons for issuing this report are;
1) It is our belief that the public should be provided with updates on major government projects on a timely basis and in a concise format.
2) It is appropriate to measure the progress of the project against presentations and projections that were previously made.
3) FTTH is a government venture whereby its financial information should be reported to the citizens of the Borough.
Borough Manager Vettraino also states in paragraph four and I quote; it is the responsibility of the elected and appointed officials, with constant input from the community, to guide the future of this project to provide the utmost benefit to the Borough of Kutztown.
According to the above mentioned HU Annual Report all the information I had requested should have been made public periodically and demonstrates to the citizens of Kutztown and I that you and the above named elected and appointed officials have conspired to withhold the Telecommunications from the public which could be a criminal act. This is clearly dishonesty.
I demand this information be made public by the Borough immediately because it does not have to be requested under the Right to Know Law and as per this Hometown Utilicom Report this information should have already been published. Thank you.

Sincerely,


Gennaro A. Marino P.E.

Tuesday, September 7, 2010

Khalfe Reply

September 7, 2010
Today I am filing a repeat Right to Know Request because in my last RTK Request Borough Manager Gabriel Khalife basically stated Hometown Utilicom was a Service Mark and did not have any records. He is denying me the information on a technicality which is the norm for this Borough’s elected officials, the Borough’s Solicitor and Borough’s Auditor.

Borough Reply

A Community Committed to Tradition and Progress
Incorporated ~ 1815
BOROUGH OF KUTZTOWN
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www.kutztownboro.org

www.hometownutilicom.org

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Electric
Distribution
Water
Service

45 Railroad Street * Kutztown, PA 19530-1112 * Phone: 610-683-6131 * Fax: 610-683-6729 * E-mail: admin@kutztownboro.org

Sewer
Service
Television

Gennaro Marino
409 W. Main Street
Kutztown, PA 19530

August 24, 2010


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Broadband
Internet
Telephone
Home
Security
Refuse
Collection
Recycling
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Highway
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Park
Services
Swimming
Pool
Code
Administration
Full Service
Police
RQi/road
MQnagement

Dear Mr. Marino:
Thank you for writing to the Borough of Kutztown with your request for information
pursuant to the Pennsylvania Right- To-Know law.
On August 12, 20 I 0 we received your attached list requesting information on the finances of the
Borough.
The following is a response to your information requested:
Hometown Utili com (HU) is a 'service mark' not a department or entries of the Borough.
The Borough does .have an annual audit preformed for all Borough operations and a copy
of this audit is available at the cost of$0.25 per copy. Please let me know if you would
like a copy. Payment will be required in advance of a copy being made at the cost of
about $12.00.
The Monthly Statii!i~~J~.ep0t1 is available for each month for the years of 2008 or 2009,
total cost of $6.00, at $O.~-S per copy. Please let me know if you would like the copies.
Again HU is a 'service mark' as noted in #1 above regarding your request for the total for
funds transferred or moved into HU from the Electric Fund for the years 2008 and 2009.
Again HU is a 'service mark' as noted in # 1 above regarding your request for the total for
funds transferred into HU from the General Fund for rent, services, interest or any other
purpose in the years 2008 and 2009.
Again HU is a 'service mark' not adepartment or enterprise. This information is not
available. .-'
Again HU is a 'service mark' not a department or enterprise. Regarding your reference
to the 'fiber optic line to the Berks Quarry', the Borough did install a fiber line leading to
the Berks Quarry and the total cost of that Baldy Street Project was $20,573.60, (of which
25%, or $5,143.40, of the noted amount was paid by Berks Products).
According to the Open Records Law, the request must not be in the form of a question
but in the form of requesting records. This item is not requesting a records but asking a
question.
According to the Open Records Law, the request must not be in the form of a question
but in the form of requesting records. This item is not requesting a record but asking a
question. However, the'$9.93 on the electric bill is a demand charge for a 3 KW base
minimum chargeresi~.9.IWalcommercial rate.
~,>
Borough Manager

Thursday, August 12, 2010

Right to Know Request 8-12-10

Attachment to Right to Know Request to the Borough of Kutztown from Gennaro A. Marino dated August 12, 2010 regarding finances of the Borough.

My request under the Right to Know Law is to see the following:

1) Budgets, Audits and financial records of Hometown Utilicom for the years ending 2008 and 2009.
2) The number of Cable TV, internet and telephone subscribers for each month of 2008 and 2009.
3) The total amount of funds transferred or moved for any reason from the Electric Fund into Hometown Utilicom in 2008 and 2009.
4) The total amount of funds transferred or moved into Hometown Utilicom from the General Fund for rents, services, interest or any other purpose in 2008 and 2009.
5) The total amount of funds from subscribers of Hometown Utilicom outside the Borough in 2008 and 2009.
6) The cost of installing the HU fiber optic line to the Berks Quarry outside the Borough.
7) The status of the agreement between Apex and the Borough regarding the water sewer and internet services provided by the Borough to Apex.
8) What is the charge on my Electric Bill for $9.93 called KW USAGE?


Gennaro A. Marino

Wednesday, July 28, 2010

Letter to Pres. Eidle

July 28, 2010
Gennaro A. Marino P.E.
Council President Malcolm Eidle
A recent article in The Reading Eagle stated you favor purchasing the house next to the Borough Hall. I assume you will pay for it with another loan to add to the current $13 million debt. You also voted to buy the local railroad a few years ago which currently adds to the Borough debt and you also voted to go into Telecommunications business which loses $1 million a year.
Do you plan to make it into student housing to add some subscribers for HU? These 3 operations do not serve the residents of the Borough and add to the Borough debt.
This decision proves you do not have any knowledge about the Borough finances. These three are not utilities they are business ventures which just add to Borough expense and debt.
I demand that you explain how the 2009 Budget total in November 2009 was $21 million and December 31, 2009 was $18 million. These facts were taken from the Borough’s Budget at the counter in the Borough Hall. I also demand you publish a financial report on HU and the railroad property.
How can you consider buying property that the Borough can not afford and does not need?

Gennaro A. Marino

Wednesday, June 23, 2010

Letter to Elected Officials 6-23-10

Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Kutztown Borough Elected Officials
or Whoever is in charge at the Borough Hall
MX Energy and other local electricity vendors are all soliciting new subscribers since the rate caps came off. Their rates are all around 10 and 12 cents a KWH. I paid 20.5 cents per KWH on my last bill and paid and 31.5 cents per KWH in my vacant rental apartment. You are exploiting the residents of the Borough to pay for your wild spending and funding Hometown Utilicom which loses about one million dollars a year. The so called independent 2009 Borough Audit in the Kutztonion does not show revenue and expenditures for electricity, water, sewer and HU separately, they are lumped together to deliberately hide the fact that HU loses $1million a year and funds are moved freely between Borough Departments which is a Borough Code violation.
The Audit also shows the annual payment for the $13 million debt is $1,294,365 which is $25,000 a week.
Another fact is HU loses about $1 million a year which is $20,000 a week.
Borough Manager Khalife, who is also the Borough Treasurer, and Frank Caruso who heads HU, cost the Borough about $5,000 a week.
The 2008 and the 2009 Audits in the Kutztonions also show
Revenue charges for services 2008 $12.6 million and 2009 $11.6 million down $1 mill
Expenses water sewer, electric, HU ’08 $7.6 million and 2009 $8.5 million up $900 K
Another interesting fact is
Revenue interest and rents 2008 $67,623 & 2009 $1,286,647 up more than $1.2 mill
It is strange that revenue for 2009 is only $420,000 more than 2008.
Many City, State and Federal Agencies realize they have to cut spending but in Kutztown we do not have to cut spending because we have loyal residents who have put their trust in you and you sure let them down.
If you read the Audit you would realize that whoever put it together does not have a clue as to what is in it. Numbers do not lie but they act funny in Kutztown. I do not expect an answer from any of you because you either do not have an answer or you do not have the courage to answer.

Gennaro A. Marino P.E.

Thursday, June 10, 2010

Letter to Readig Eagle Editor

June 10, 2010
Gennaro A. Marino P.E .
409 West Main Street
Kutztown, Pa 19530
610-683-7977
e-mail kmayor@ptd.net
Editor of The Reading Eagle
Dear Editor,
As an observer of the disastrous Gulf oil spill I would like to say law makers and environmentalists have forced oil companies into deep water drilling which was an unknown technology that they knew nothing about. The water pressure at 5,000 feet is 312,000 pounds per square foot. Then these same law makers attempted to oversee, regulate and license them. The oil companies had to fend for themselves and the oil spill is the result. President Barack Obama and these same politicians are now blaming British Petroleum when they should be taking charge, standing by, supporting and working with BP to stop the leak and clean up the spill.
President Obama and his cronies should have declared a national emergency and brought in the Navy, with their Seabees, to clean up the mess and assist BP. There is no doubt that BP is responsible for the spill but the President and the Congress should have sent billions of dollars to the businesses and residents of the Gulf Coast as they had done in the Haiti and Chile disasters. BP could have been billed at a later date.
June 10, 2010 Admiral Allen announced he will meet with BP officials June 16, 2010 (56 days after the spill) and President Obama will participate in part of the meeting.
When is President Barack Hussein Obama going to realize he is the Commander in Chief and in charge?

Gennaro A. Marino P.E.
Faxed to Reading Editor June 10, 2010

Wednesday, May 26, 2010

Electricity Rates 5-27-10

May 27, 2010
Gennaro A. Marino P.E..
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Kutztown Mayor Green &
Kutztown Council Members
Dear Elected Officials:
Since the caps came off the electrical rates the local electricity suppliers are advertising for new subscribers and their prices per KWH are between ten and eleven cents. My latest electric bill from the Borough starts out at 16.69 cents per KWH and after the net monthly rate ($9.16) was added came out to be 21 cents per KWH.
My rental Apartment which was vacant most of the month used 85 KWH starts out as 20.42 cents and after the KW usage ($11.92) was added came out to be 34.4 cents plus tax. What is the NET MONTHLY RATE and what is KW USAGE?
Residents, like myself, pay double the rate residents in the surrounding areas pay and renters pay more than triple the rate that is advertised by the local electrical suppliers. There is no end in sight to raising electrical rates to finance Hometown Utilicom which loses about $1 million a year and pay salaries of more than $100,000 a year to an incompetent Borough Manager Khalife and over $80,000 a year to an incompetent Information Technology Director Caruso who both oversee and direct HU.
You seven are guilty of violating the public trust, falsifying the budget, publishing fraudulent reports, violating the Borough Code and should resign.
Your response to this letter would be appreciated. Thank you.
Sincerely,

Tuesday, May 4, 2010

Eidle Letter May 4, 2010

May 4, 2010 Gennaro A. Marino P/E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977 kmayor@ptd.net Borough Council President Eidle
Kutztown Borough Hall
Dear Mr. President,
The Borough website does not carry the 2009 Audit which, as per the Borough Code, shall made public by April 1, 2010. Was the audit ever performed by the so called independent auditor Long & Barrell? Was it ever submitted to the DCED? How could this happen with a $100,000 Borough Manager Khalife and an $80,000 internet expert Caruso?
Eight years and $410,000 later Councilman Gangewere thanked the staff for a great job done with utility billing software. The 2 contracts that totaled $410,000 were never bid publicly and were given to 2 firms outside the state.
Under your leadership and with the approval of your cronies the Borough continues to allow Hometown Utilicom to lose $1 million a year and the Treasurer continues to falsify the Budget.
When will you stop raising fees, permits and taxes and cut spending?
Sincerely,

Gennaro A. Marino P.E.

Sunday, February 28, 2010

KUTZTOWN'S FINANCES

KUTZTOWN’S FINANCES 3-1-10
With the caps coming off the electric rates all the local electric companies are soliciting new subscribers and the cost of a KWH they are advertising is between 9 and 11 cents. My bills for November and December were 18.19 and 16.61 cents respectively.
The Borough’s Real Estate Tax rate increased from 1.2 mils to 2.8 mils in the last few years which means a house assessed at $100,000 had its tax increased from $120 to $280 annually.
The Borough also raised the Water and Sewer rates. The Borough also bills the Water and Sewer subscribers monthly rather than quarterly so they can spend it faster.
How long can the elected officials of this Borough spend $4,200 per resident annually and continuously raise all taxes, fees, permits etc. And with a debt of $14 million the yearly debt service is $1.2 million annually which means the monthly payment is $100,000 a month.
To add insult to injury on top of all these increases and the local electric providers price at 6 or 7 cents cheaper than the Borough, the Borough raised our rate 2.5% for recreation which was reflected in my latest bill.
After 7 years and about $400,000 squandered away on 2 computer firms the first combined Borough bill was 2 weeks late and does not adequately explain the charges.
The above is just the tip of the iceberg, and all of the above increases are necessary to finance Hometown Utilicom which still loses $1 million a year and pay Borough Manager Khalife more than $100,000 a year and HU Director more than $80,000 a year to supervise it.
In my opinion the Borough is on the verge of bankruptcy and all of the internal departments transfers of funds for rents, fees, services, etc. along with altering the foremen’s reports are illegal and the Mayor, the Borough Council, some Borough Management employees, the Borough Auditors and Borough Solicitors are all aware of what is going on. I state again there has never been a complete financial report on the Telecom Business venture and the facts about the HU- Apex fiasco have never been made public.
Has Apex paid the tapping fees and other obligations to the Borough?
I have much more to say, I will be right back because the elected officials of this Borough are mandated to explain to the residents what is going on with our money.
Sincerely Jerry
409 West Main Street
Kutztown, Pa 19530
610-683-7977
kmayor@ptd.net
website www.marinoreport.com
Comments welcome. Thanks

Tuesday, February 2, 2010

BOROUGH CODE MEANS NOTHING

Borough Code Means Nothing 2-2-10
Recently there was an article in The Reading Eagle that stated the Reading City Council held two Council Meetings that violated the Sunshine Laws. The City Solicitor approved of the meetings knowing that they were illegal. The article also stated that there were no penalties for the violations.
This is no surprise because there are no penalties for many Borough Code violations. One very obvious example is the Borough Code states that the Borough Audit must be made public 90 days after December 31. There is no penalty if it is not made public in 90 days. Kutztown has violated the Borough Code many times and the Attorney General, Auditor General, the District Attorney, the DCED and the Ethics Commission will not investigate any complaints.
The Borough has awarded contracts with rigged or no bids and no signed contracts. The Borough continuously transfers funds illegally within the Borough Departments. The Borough also falsifies the Budget, publishes fraudulent financial reports and alters foremen reports. Also why does a citizen have to go to the Right to Know Law Office to obtain information that should be published periodically?
No Law Enforcement Agency will look into these violations because all the Boroughs, Cities and Townships are violating the laws. And if a citizen wants to take a municipality to court for information they would have to retain and pay a lawyer.


Gennaro A. Marino P.E.
610-683-7977
Kmayor@ptd.net
www.marinoreport.com

Sunday, January 31, 2010

Derrick Mace, Open letter to

Derrick Mace Councilman, an open letter to Gennaro A. Marino P.E.
February 1, 2010 409 West Main Street
Kutztown, Pa 19530
610-683-7977
Website www.marinoreport.com
e-mail kmayor@ptd.net
Councilman Derrick Mace
Kutztown Borough Hall
45 Railroad Street
Kutztown, Pa 19530
Councilman Mace,
Congratulations and best wishes on your being elected Councilman of the Borough of Kutztown.
This is a wonderful Town to live in, but the spending by Mayor Green and the Borough Council is out of hand. I would like to familiarize you with what is happening in the Borough that you will be part of.
In the January 20, 2010 Morning Call there was an article about electricity rates available in the PPL serving area. They were per KWH:
PPL Electric Utilities 10.45 cents
Gateway Energy 9.35 cents
Dominion 9.40 cents
MXenergy 9.93 cents
Direct Energy 9.49 cents
ConEdison Solutions 9.95 cents

My rate for Nov. was 18.19 cents
My rate for Dec. was 16.61 cents and in the summer time when I use less Electricity my rate is 20 cents per KWH. Being the Borough owns our electric company residents are compelled to purchase their electricity from the Borough, therefore the Borough can charge as much as they please.
There are many reasons for the Borough charging such a high rate and the following are a few:
1) To finance Hometown Utilicom, a business venture, which loses about $1 million a year
2) To repay the Borough Debt which is about $14 million
3) To pay Borough Manager Khalife’s salary of more than $100,000 plus benefits
4) To pay HU Director Caruso’s salary of more than $80,000 plus benefits
5) To replace funds transferred illegally from Water and Sewer Funds to Hometown Utilicom
6) To pay for illegal contracts
7) To pay for the financial fiasco with the Apex Housing Project
The Borough according to the Borough Code may use funds from the Electric Fund for Borough use, but the Borough lumps funds from the Electric Fund, the General Fund and HU to hide the financial status of HU. There has never been a complete financial report on HU which has been existence since 2002.
For your information in the past I have accused the Borough of falsifying the budget, publishing fraudulent reports, awarding illegal contracts and altering foremen’s reports and I have never received a reply. The Borough Solicitors and Auditors are aware of my letters and accusations.
Please familiarize yourself with the legislation before you vote on it And again I wish you luck.

Sincerely,


Gennaro A. Marino P.E.

Sunday, January 17, 2010

ELECTED OFFICIALS SHOULD BE HEARD

ELECTED OFFICIALS SHOULD BE HEARD January 17, 2010
The latest news about the Maxatawny- Kutztown Sewer Treatment Plant is that they are still begging the County Commissioners to appoint a seventh member to the Authority that will oversee the Plants operation. It seems that the elected officials of the Borough and the Township are no where to be found. This time it is the Kutztown Borough Solicitor Timothy Dietrich and the Township Solicitor Jill Nagy who are doing the begging. Since when do municipal Solicitors negotiate to establish policies or decisions? Kutztown Borough Council President Malcolm Eidle, his colleagues and the Township Supervisors have been dealing with this fiasco for at least 8 years and none of them have the courage or knowledge to approach the County commissioners.
This is a very controversial project that is opposed by many residents. Some residents were told if they do not honor Township requests they would increase the costs which would be passed on to them later.
The Borough and the Township have kicked this project around for 8 years and have watched and helped the cost go from $4 million to over $9 million.
To my knowledge the Borough and Township have never agreed on anything and they know they will not agree on the plants operation, therefore they need a scapegoat to settle all the tie votes.
The Commissioners are right in not naming a seventh member and becoming involved in local politics.

Jerry

Monday, January 11, 2010

LETTER TO READING EAGLE EDITOR

January 11, 2010
Gennaro A. Marino
409 West Main Street
Kutztown, Pa 19530
610-683-7977
e-mail kmayor@ptd.net
The Reading Eagle Editor
Dear Editor,
How can Governor Rendel and the State Legislators reach an agreement on a Budget when the Borough of Kutztown received State grants of $632,000 for streetlights and $276,000 to restore the old railroad Station? Both projects were for the beautification of the Borough because there was nothing wrong with our streetlights and restoring the railroad station was not necessary at this time of financial crisis.
How can the Commonwealth contemplate cutting services to the public and laying off state employees after squandering over $900,000 on beautification projects?
It is a disgrace that the State Budget can not be balanced without casino gambling revenue.
It is time for state and local elected officials to start spending our taxes wisely on essential services to the public and stop squandering them on unnecessary projects.
Gennaro A. Marino
Kutztown Resident
I faxed this to the Editor today.