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.

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.

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