February 14, 2011
Gennaro A. MarinoP.E.
www.marinoreport.com
Kmayor@ptd.net
Mayor Sandy Green
Kutztown Borough Council
Dear Elected Officials,
At the Court of Common Pleas February 8, 2011 Hearing Solicitor Mooney stated anyone who would like to see the financial status of the Telecommunications should go to the Borough’s Mandatory Annual Audit and figure the profit or loss by totaling the revenue and expenditures of Telecom. He stated that is all anyone needs to see the finances of Telecom. That is how municipalities provide financial records and budget.
If you go to the Borough’s website and click on Finance, then click on Cable Franchise Agreement with Service Electric 2010. You will see;
Page 5 Para. 2.3 QUARTERLY PAYMENTS. Each franchise fee payment shall be accompanied by a written report containing an accurate statement of the applicable Service Electric’s Gross Revenues received for Cable Services for the quarter in connection with the operation of Service Electric’s Cable System and a brief report showing the basis for computation of fees. The report shall contain a line item for every applicable source of revenue received from each applicable source. The report shall be verified by a financial representative of Service Electric.
Page 6 Para. 2.4 (a) AUDITS. On an annual basis, upon thirty (30) days prior written notice to Service Electric, the Municipality shall have the right to conduct an independent audit or franchise fee revenue of Service Electric’s records reasonably related to the sources, amounts and computation of Gross Revenues in accordance with Generally Accepted Accounting Principles. Such Financial records shall be kept or made available to the Municipality at the local notice location for Service Electric specified in Section 13.3 below. The municipality and its representatives reviewing Service Electric’s financial records shall take reasonable and prudent steps to comply with all Applicable Law governing subscriber privacy and confidentiality of personally identifiably information.
Page 6 Para. 2.4 (c) AUDITS. The Municipality’s right to audit and Service Electric’s obligation to retain financial records related to franchise fee audit shall expire four (4) years after each franchise fee payment has been made to the Municipality, after which period any such payment shall be considered final.
It seems like you and Solicitor Mooney know the proper scheme to incorporate the Right to Know Law into your agreement with Service Electric.
This agreement with Service Electric justifies my Right to Know Request and confirms the Final Decision of the Office of Open Records. This proves you and Solicitor Mooney know what a financial report is and in Court all Solicitor Mooney offered me was the Borough’s mandatory Annual Audit for the financial records of Telecom.
Solicitor Mooney did not fully address the part of the Office of Open Records Final Determination decision that the Borough shall give me financial records of revenue from outside the Borough and the Resolution or Ordinance that states when the Borough Council voted to charge Electric customers the revenue that was originally a statement of minimum charge.
You will have to address this situation sooner or later.
Sincerely,
Gennaro A. Marino P.E.
cc; Judge Jeffrey L. Schmehl
Kutztown Solicitor Mooney
Pennsylvania Office of Open Records
The Reading Eagle
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10 comments:
they have skeletons in the closet.
something to hide.
Lies, lies, lies! Not one word of truth in amything Marino says. That`s why he was voted out of office, remember, 34 votes? It`s so sad it`s pathetic.
is the following a lie?
"Solicitor Mooney did not fully address the part of the Office of Open Records Final Determination decision that the Borough shall give me financial records of revenue from outside the Borough and the Resolution or Ordinance that states when the Borough Council voted to charge Electric customers the revenue that was originally a statement of minimum charge."
Here`s the way i see it. Over the years i have had to relocate a few times. In all honesty, i have never found a nicer or better place to live than Kutztown. As far as HU is concerned ... I started with Service Electric. Ever try reaching them on the phone? Ever been happy with their so called "service"? If you live just 2 feet outside of Kutztown, your service electric bill is outrageous. Why do you suppose that is? When is the last time your electricity was interrupted? Your water tainted? I experienced these problems before i moved to Kutztown, not since. This borough has so much more to be thankfull for. I enjoy living here, and i plan to stay here because it`s the best bang for the buck anywhere. If you don`t like it here, do what i did ... move somewhere else.
so "the trains run on time" for you mr moyer? thats great. just like it was for the italians under mussolini and the germans under hitler.
but the records and budgets of all the boro's pet utilities projects should still be open to the public to view regardless of how amazing the service is. dont you agree mr moyer?
or are you not a big fan of transparency in government?
look out for Berk County Patriots.
Annonymous - I took your advice and went to the borough office and purchased copies of their financial statements at 25 cents per. I found everything to be in order, at least as i honestly understood them. I also noticed that the borough is independently audited and gets a triple A rating. I do not know what else i can say. Thank you.
RE: "I found everything to be in order, at least as i honestly understood them."
the PA Office of Open Records did not feel the same way as you did. they felt there was something fishy being hidden. and now lots of people do to. thats because instead of complying, the boro wastes the people's money in court.
Berks County Patriots
Berks county patriots? You must be kidding. Where are you headquartered? Who are the members? Where do i join?
http://berkscountypatriots.org/
if you are interested in good government and keeping public officials honest, please join us!
obviously, mr moyer is not interested in good government and keeping public officials honest.
if he were he would be on the side of transparency and the berks co patriots.
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