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