June 20, 2008
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
e-mail kmayor@ptd.net 610-683-7977
website www.marinoreport.com
Mailed to:
Governor Rendell
Attorney General Corbett
Auditor General Wagner
State Senator O’Pake
State Representative Mantz on Saturday June 21, 2008
On Friday June 20, 2008 at 1:28 pm I went to the Kutztown Borough Hall and asked to see the Budgets and Audits as per the attached note dated June 20, 2008. I was told by the 2 secretaries at the desk that they did not have any of them. I asked to see someone in charge and they told me the Borough Manager was out of his office and the girl in charge of the records was on vacation. I quoted the Borough Code as per my attached letters and they said they knew nothing about the requested documents. The attached letters quoting the Borough Code were hand delivered to the Borough June 13, 2008. Two days ago Councilman Kevin Snyder told me to go to the Borough Hall and I will be able see the Budget and Audit. Even though there has been no budget or audit available for more than a year he stated there is no reason for the borough to withhold the information when he knows the borough is hiding the fact that Telecom loses about $1 million a year, Borough Manager\Treasurer Vettraino has resigned and left the state and a Borough Councilman has retired because of the desperate state of Telecom and the Borough’s finances.
As per Section 1113 of the Borough Code the requested documents should be available to any taxpayer at any reasonable time. The taxpayer does not have to speak to any Borough Official. The clerks or secretaries at the desk should have all the records and documents on hand to distribute to the public.
This proves that there is a well planned and calculated scheme by the Mayor, the Borough Council, some Appointed Borough Employees, the Borough Solicitor and the Independent Auditor to hide the fact that funds are being illegally moved within the Borough to divert funds into Telecom. There has not been an internal audit in the borough for at least 14 years and the Borough does not employ an accountant or retain a CPA. The Borough Debt is about $28 million and does not have any reserve funds and the Borough population is about 5,000.
It is time for you to send a representative to look into the illegal and irregular movement of taxpayer money within the Borough. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Tuesday, June 24, 2008
Monday, June 23, 2008
Message from Former Mayor Marino
Message from Former Mayor Marino
I am the FORMER MAYOR of Kutztown and I am happy to receive all comments on my website including those from anonymous. I will leave all of them on my website for all visitors to see. I would even be happier if anonymous challenged my statements rather than attack me personally.
For the record I visited the Borough Hall Friday, June 20, and today, June 23, and there are no financial books or records at the Borough Desk for taxpayers to see. This is a flagrant and arrogant violation of the Borough Code.
My letters are usually addressed to Mayor Green, the Borough Council, the Borough Manager, the Borough Solicitor, the Independent Auditor and some appointed Borough Employees and the only replies I have received are from Anonymous.
I noticed that there was only one resident at the last Borough Council Meeting and the meeting was over in 30 minutes. Why didn’t Anonymous go to the meeting and ask what is happening with the $1.3 million loan for Telecom? What is happening with the Telecom Business plan? What is happening with Automatic Meter Reading? What is happening with Wireless Internet? What is happening with combined utility billing? Why does Telecom lose about $1 million a year? All these questions and more should be answered by Information Technology Director Frank Caruso who heads Telecom.
Concerning electric rates Borough residents presently pay 20 cents a kilowatt. PPL customers currently pay 10 cents a kilowatt if PPL raises the rate 34% PPL customers will pay 13.4 cents a kilowatt which is 6.6 cents lower than Kutztown’s rate. The PPL rate increase will take place in 2010 and by that time the Borough will increase our rates at least 2 more times. Jerry
I am the FORMER MAYOR of Kutztown and I am happy to receive all comments on my website including those from anonymous. I will leave all of them on my website for all visitors to see. I would even be happier if anonymous challenged my statements rather than attack me personally.
For the record I visited the Borough Hall Friday, June 20, and today, June 23, and there are no financial books or records at the Borough Desk for taxpayers to see. This is a flagrant and arrogant violation of the Borough Code.
My letters are usually addressed to Mayor Green, the Borough Council, the Borough Manager, the Borough Solicitor, the Independent Auditor and some appointed Borough Employees and the only replies I have received are from Anonymous.
I noticed that there was only one resident at the last Borough Council Meeting and the meeting was over in 30 minutes. Why didn’t Anonymous go to the meeting and ask what is happening with the $1.3 million loan for Telecom? What is happening with the Telecom Business plan? What is happening with Automatic Meter Reading? What is happening with Wireless Internet? What is happening with combined utility billing? Why does Telecom lose about $1 million a year? All these questions and more should be answered by Information Technology Director Frank Caruso who heads Telecom.
Concerning electric rates Borough residents presently pay 20 cents a kilowatt. PPL customers currently pay 10 cents a kilowatt if PPL raises the rate 34% PPL customers will pay 13.4 cents a kilowatt which is 6.6 cents lower than Kutztown’s rate. The PPL rate increase will take place in 2010 and by that time the Borough will increase our rates at least 2 more times. Jerry
Thursday, June 12, 2008
Borough Code Audit Requirement Letter to Council
| June 13, 2008 Friday the 13th Gennaro A. Marino P.E. e- mail kmayor@ptd.net 610-683-7977 Kutztown Borough Council Borough Manager Assistant Treasurer Samilo Borough Solicitors Mooney & Dietrich Long & Barrell Accountants Attention Please! Attached please find a copy of an e-mail I received from Karen O’Neil, Government Specialist of the Department of Community and Economic Development. It quotes the Borough Code sections pertaining to the stringent requirements of the Mandatory Annual Audit by the Independent Auditor. It also quotes the duties of the Independent Auditor such as: 1) To file a copy of the report with the Secretary of the Borough and to the clerk of the Court of Common Pleas of the county and the Department of Community Affairs not later than 90 days after the close of the fiscal year, and 2) to publish within 10 days thereafter, by advertisement in at least one newspaper of general circulation in the Borough, a concise financial statement setting forth the balance in the treasury at the beginning of the fiscal year, all revenues received during the fiscal year by major classifications, all expenditures made during the fiscal year by major functions, and the current resources and liabilities of the borough at the end of the fiscal year, the gross liability and net debt of the Borough, the amount of the assessed valuation of the borough, the assets of the borough with the character and value thereof, the date of the last maturity of the respective forms of funded debt and the assets of each sinking fund. Section 1113 states, “The fiscal records and documents and the minute book and other records and documents of every borough shall be open to the inspection of every taxpayer thereto, at any reasonable time. You are all guilty of serious violations of the above Borough Code Sections. For one the Auditor accepts all figures and internal revenue and expenses provided by the borough without question. The mandatory Annual Audit never shows the internal debt. Auditor Mr. Long has stated at a Council Meeting that his Audit does not check internal loans or transfers of funds between borough departments. There is no information available to taxpayers to show when and if the audits have been filed with the Court of Common Pleas, the Borough Secretary or the Department of Community Affairs. There is no information available to taxpayers to show when and if the audits were published in any newspapers. And as far as records and documents available to taxpayers, the only information available to the taxpayer at the Borough Hall is the 2008 Budget which contains proposed figures. If I do not receive an answer to this letter in timely fashion I will copy every State Agency because this is arrogant and deliberate attempt to conceal the falsifying of the Budget and publishing fraudulent reports. Sincerely, |
Borough Code Audit Requirement
It is no longer a requirement that municipalities file their annual budgets with DCED.
According to the Borough Code Section 1196, (a), (e) (1):
(a)The independent auditor shall annually examine, audit and settle all accounts whatsoever I which the borough is concerned and the audit shall consist of an examination in accordance with generally accepted auditing standards and shall include such tests of the accounting records and such other auditing procedures as he considers necessary in the circumstances
(e) It shall be the duty of the independent auditor:
(1) To file a copy of the report with the secretary of the borough and the clerk of the court of common pleas of the county and the Department of Community Affairs not later than ninety days after the close of the fiscal year, and
(2) To publish within ten days thereafter, by advertisement in at least one newspaper of general circulation in the borough, a concise financial statement setting forth the balance in the treasury at the beginning of the fiscal year, all revenues received during the fiscal year by major classifications, all expenditures made during the fiscal year by major functions, and the current resources and liabilities of the borough at the end of the fiscal year, the gross liability and net debt of the borough, the amount of the assessed valuation of the borough, the assets of the borough with the character and value thereof, the date of the last maturity of the respective forms of funded debt and the assets in each sinking fund.
Section 1113 states, “The fiscal records and documents and the minute book and other records and documents of every borough shall be open to the inspection of any taxpayer thereto, at any reasonable time.
Karen O'Neill
Government Policy Specialist
Department of Community & Economic Development
(717) 720-7395
Commonwealth Keystone Building400
North Street, 4th FloorHarrisburg, PA 17120-
From: Mayor Marino [mailto:kmayor@ptd.net] Sent: Friday, June 06, 2008 9:52 PMTo: ONeill, KarenSubject: Re: NewPA.com Contact Us Inquiry
Am I to understand that it is proper to publish the 2006 Budget in June of 2008 and the 2007 is being reviewed in June of 2008. How does the DCED review the Budgets when the Borough has not had an internal Audit in at least 14 years and the Borough does not retain an accountant or a CPA? The Borough will not devulge when or in what local newspaper the 2006 and the 2007 Audits have been published as per the Borough Code which states the mandatory Annual Budget should be published 90 days after the end of the year. When does the Borough have to make the manatory Annual Audit available for public review at the Borough Hall? Gennaro A. Marino ----- Original Message -----
From: ONeill, Karen
To: kmayor@ptd.net
Cc: DC, DCEDCLGS ; Wolfe, Sandra
Sent: Monday, June 02, 2008 1:51 PM
Subject: RE: NewPA.com Contact Us Inquiry
Dear Mr. Marino,
Thank you for contacting the Department of Community and Economic Development (DCED).
Kutztown Boro has filed both their 2006 and 2007 Annual Financial Reports with DCED. The 2006 Annual Financial Reports will be published to the web approximately the last week in June or first week in July. The 2007 Annual Financial Report is currently being reviewed in DCED.
Sincerely,
Karen O'NeillGovernment Policy SpecialistDepartment of Community & Economic Development(717) 720-7395Commonwealth Keystone Building400 North Street, 4th FloorHarrisburg, PA 17120-0225www.newPA.com www.visitPA.com
.
From: kmayor@ptd.net [mailto:kmayor@ptd.net] Sent: Thursday, May 29, 2008 11:04 AMTo: readysetsucceed@newpa.comSubject: NewPA.com Contact Us Inquiry
First Name: Gennaro A.
Last Name: Marino
Company: noneTitle:
residentEmail: kmayor@ptd.net
Phone: 610-683-7977
Field: CitizenQuestion/Comment relates to: Local governmentQuestion/Comment:
Question: Has the Borough of Kutztown filed The Municipal Annual Audit and Financial Reports-DCED-CLGS-30 reports for 2006 and 2007? They are not available to the Public at the Borough Hall and the Borough has not announced when and if they were filed or published in the local newspapers. No financial reports or audits have been avaiable at the Borough Hall for almost a year and one half.
According to the Borough Code Section 1196, (a), (e) (1):
(a)The independent auditor shall annually examine, audit and settle all accounts whatsoever I which the borough is concerned and the audit shall consist of an examination in accordance with generally accepted auditing standards and shall include such tests of the accounting records and such other auditing procedures as he considers necessary in the circumstances
(e) It shall be the duty of the independent auditor:
(1) To file a copy of the report with the secretary of the borough and the clerk of the court of common pleas of the county and the Department of Community Affairs not later than ninety days after the close of the fiscal year, and
(2) To publish within ten days thereafter, by advertisement in at least one newspaper of general circulation in the borough, a concise financial statement setting forth the balance in the treasury at the beginning of the fiscal year, all revenues received during the fiscal year by major classifications, all expenditures made during the fiscal year by major functions, and the current resources and liabilities of the borough at the end of the fiscal year, the gross liability and net debt of the borough, the amount of the assessed valuation of the borough, the assets of the borough with the character and value thereof, the date of the last maturity of the respective forms of funded debt and the assets in each sinking fund.
Section 1113 states, “The fiscal records and documents and the minute book and other records and documents of every borough shall be open to the inspection of any taxpayer thereto, at any reasonable time.
Karen O'Neill
Government Policy Specialist
Department of Community & Economic Development
(717) 720-7395
Commonwealth Keystone Building400
North Street, 4th FloorHarrisburg, PA 17120-
From: Mayor Marino [mailto:kmayor@ptd.net] Sent: Friday, June 06, 2008 9:52 PMTo: ONeill, KarenSubject: Re: NewPA.com Contact Us Inquiry
Am I to understand that it is proper to publish the 2006 Budget in June of 2008 and the 2007 is being reviewed in June of 2008. How does the DCED review the Budgets when the Borough has not had an internal Audit in at least 14 years and the Borough does not retain an accountant or a CPA? The Borough will not devulge when or in what local newspaper the 2006 and the 2007 Audits have been published as per the Borough Code which states the mandatory Annual Budget should be published 90 days after the end of the year. When does the Borough have to make the manatory Annual Audit available for public review at the Borough Hall? Gennaro A. Marino ----- Original Message -----
From: ONeill, Karen
To: kmayor@ptd.net
Cc: DC, DCEDCLGS ; Wolfe, Sandra
Sent: Monday, June 02, 2008 1:51 PM
Subject: RE: NewPA.com Contact Us Inquiry
Dear Mr. Marino,
Thank you for contacting the Department of Community and Economic Development (DCED).
Kutztown Boro has filed both their 2006 and 2007 Annual Financial Reports with DCED. The 2006 Annual Financial Reports will be published to the web approximately the last week in June or first week in July. The 2007 Annual Financial Report is currently being reviewed in DCED.
Sincerely,
Karen O'NeillGovernment Policy SpecialistDepartment of Community & Economic Development(717) 720-7395Commonwealth Keystone Building400 North Street, 4th FloorHarrisburg, PA 17120-0225www.newPA.com www.visitPA.com
.
From: kmayor@ptd.net [mailto:kmayor@ptd.net] Sent: Thursday, May 29, 2008 11:04 AMTo: readysetsucceed@newpa.comSubject: NewPA.com Contact Us Inquiry
First Name: Gennaro A.
Last Name: Marino
Company: noneTitle:
residentEmail: kmayor@ptd.net
Phone: 610-683-7977
Field: CitizenQuestion/Comment relates to: Local governmentQuestion/Comment:
Question: Has the Borough of Kutztown filed The Municipal Annual Audit and Financial Reports-DCED-CLGS-30 reports for 2006 and 2007? They are not available to the Public at the Borough Hall and the Borough has not announced when and if they were filed or published in the local newspapers. No financial reports or audits have been avaiable at the Borough Hall for almost a year and one half.
Wednesday, May 7, 2008
Hiring New Borough Manager and Treasurer
May 6, 2008
Gennaro A. Marino P.E.
e-mail kmayor@ptd.net
website www.marinoreport.com
Mayor Sandy Green and the Borough Council
Dear Elected Officials,
At the Special Council Meeting of April 7, 2008 an Ordinance was passed seeking to fill the positions of Borough Manager and Treasurer. Yet the Borough website does not list the two positions under Employment Opportunities. This again shows the lack of leadership on your part. Isn’t the Borough participating in the search for a Borough Manager and Treasurer or is it the usual let an outside firm do it. This is your usual policy of make no decisions and you will not be responsible for the decisions.
The Ordinance clearly states “the Borough is in the process of seeking candidates for the positions of Borough Manager and Treasurer of the Borough of Kutztown”. This means you plan to hire two people to replace Mr. Vettraino, again increasing the payroll. The minutes of the March 18, 2008 Council Meeting state the new Borough Manager will receive a salary in the range of $90+ thousand a year. What will the new Treasurer’s salary be? The residents of the Borough deserve a thorough explanation as to what your plans are and how you plan to spend Borough Funds.
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
e-mail kmayor@ptd.net
website www.marinoreport.com
Mayor Sandy Green and the Borough Council
Dear Elected Officials,
At the Special Council Meeting of April 7, 2008 an Ordinance was passed seeking to fill the positions of Borough Manager and Treasurer. Yet the Borough website does not list the two positions under Employment Opportunities. This again shows the lack of leadership on your part. Isn’t the Borough participating in the search for a Borough Manager and Treasurer or is it the usual let an outside firm do it. This is your usual policy of make no decisions and you will not be responsible for the decisions.
The Ordinance clearly states “the Borough is in the process of seeking candidates for the positions of Borough Manager and Treasurer of the Borough of Kutztown”. This means you plan to hire two people to replace Mr. Vettraino, again increasing the payroll. The minutes of the March 18, 2008 Council Meeting state the new Borough Manager will receive a salary in the range of $90+ thousand a year. What will the new Treasurer’s salary be? The residents of the Borough deserve a thorough explanation as to what your plans are and how you plan to spend Borough Funds.
Gennaro A. Marino P.E.
Sunday, May 4, 2008
Letter to the Reading Eagle Editor
May 2, 2008
Former Mayor Marino
409 W. Main St.
Kutztown, Pa 19530
e-mail kmayor@ptd.net 610-683-7977
website www.marinoreport.com
Letter to the Editor of the Reading Eagle
Thank you for the very informative 5-1-08 article by reporter Park about Hometown Utilicom. Hometown Utilicom is not a utility as stated by Mr. Caruso but a Business Venture that loses about $1 million a year. A business that has 1,000 customers and adds 6,000 more and breaks even could be losing about $1 million a year or more.
Mr. Caruso does not mention the finances of HU or the amount of money the University customers would generate, the cost of the new installation or the cost of additional personnel. He also did not release the dollar amount of the offer.
Because the Borough is a municipality all of the finances of the Borough are public information. The Borough has never published a financial report or audit of HU which is a Borough Code violation. The Borough can not compete with private industry because of the open records laws.
The article also states that the Borough has loaned and transferred funds into HU but again does not state the amounts. Why did the Council vote unanimously to submit an offer when Mr. Caruso has stated the infrastructure can not be completed in time to satisfy the offer. Then Council Vice President Seyler states we can grow our system, and we can grow our business. He recently voted to borrow $1.3 million to update our current system.
Gennaro A, Marino P.E.
Former Mayor of Kutztown
Former Mayor Marino
409 W. Main St.
Kutztown, Pa 19530
e-mail kmayor@ptd.net 610-683-7977
website www.marinoreport.com
Letter to the Editor of the Reading Eagle
Thank you for the very informative 5-1-08 article by reporter Park about Hometown Utilicom. Hometown Utilicom is not a utility as stated by Mr. Caruso but a Business Venture that loses about $1 million a year. A business that has 1,000 customers and adds 6,000 more and breaks even could be losing about $1 million a year or more.
Mr. Caruso does not mention the finances of HU or the amount of money the University customers would generate, the cost of the new installation or the cost of additional personnel. He also did not release the dollar amount of the offer.
Because the Borough is a municipality all of the finances of the Borough are public information. The Borough has never published a financial report or audit of HU which is a Borough Code violation. The Borough can not compete with private industry because of the open records laws.
The article also states that the Borough has loaned and transferred funds into HU but again does not state the amounts. Why did the Council vote unanimously to submit an offer when Mr. Caruso has stated the infrastructure can not be completed in time to satisfy the offer. Then Council Vice President Seyler states we can grow our system, and we can grow our business. He recently voted to borrow $1.3 million to update our current system.
Gennaro A, Marino P.E.
Former Mayor of Kutztown
Friday, May 2, 2008
Finance, Electric and Telecom Combined Illegally
May 2, 2008
From Former Mayor Marino
Subject: Special Council Meeting April 28, 2008
To Mayor Green, Council President Eidle,
Council Vice President Seyler, Councilmen Schlegel, Snyder and
Gangewere,
I have chosen to address all of you by name because you are all hiding behind each other. I want you all to know in many cases you are violating the Borough Code and you can be held responsible individually for your votes and actions.
The Agenda for the April 28, 2008 Special Meeting under the sub title of FINANCE, ELECTRIC AND TELECOMMUNICATIONS is stated “Take action to approve the submission of a Request for Proposal, due April 30, 2008, to Kutztown University for television services”.
When was it decided to submit a figure to the university and how was the figure calculated when the Borough does not have a Business Plan, an Audit or a Financial Report on Hometown Utilicom.
Another topic to be voted on and stated on the Agenda was for Professional Computer Systems to prepare a report to implement a new utility billing solution for all utility systems. Mr. Caruso, Mr. Hill and Mr. Vettraino over the last five years stated many times that this would be accomplished by Hometown Utilicom. And then Mr. Vettraino illegally gave out a contract to New World Systems of Troy Michigan without a public bid to combine the utility billing which New World Systems failed to accomplish. I pointed out the failure of NWS many months ago and by the way Troy Michigan is Mr. Vettraino’s hometown. Is this one of the many reasons he resigned and left the state?
When was it determined and who had the brilliant idea of combining FINANCE, ELECTRIC AND TELECOMMUNICATIONS? This is another one of your ways of concealing the huge losses of HU. To combine two legitimate Departments of the Borough with a Business Venture that could lose money is illegal and you are all guilty and responsible for this ploy. I assume all my accusations and charges are true because no one has addressed them. No one has addressed ex-Councilman Strasser’s statements either.
Former Mayor Marino
From Former Mayor Marino
Subject: Special Council Meeting April 28, 2008
To Mayor Green, Council President Eidle,
Council Vice President Seyler, Councilmen Schlegel, Snyder and
Gangewere,
I have chosen to address all of you by name because you are all hiding behind each other. I want you all to know in many cases you are violating the Borough Code and you can be held responsible individually for your votes and actions.
The Agenda for the April 28, 2008 Special Meeting under the sub title of FINANCE, ELECTRIC AND TELECOMMUNICATIONS is stated “Take action to approve the submission of a Request for Proposal, due April 30, 2008, to Kutztown University for television services”.
When was it decided to submit a figure to the university and how was the figure calculated when the Borough does not have a Business Plan, an Audit or a Financial Report on Hometown Utilicom.
Another topic to be voted on and stated on the Agenda was for Professional Computer Systems to prepare a report to implement a new utility billing solution for all utility systems. Mr. Caruso, Mr. Hill and Mr. Vettraino over the last five years stated many times that this would be accomplished by Hometown Utilicom. And then Mr. Vettraino illegally gave out a contract to New World Systems of Troy Michigan without a public bid to combine the utility billing which New World Systems failed to accomplish. I pointed out the failure of NWS many months ago and by the way Troy Michigan is Mr. Vettraino’s hometown. Is this one of the many reasons he resigned and left the state?
When was it determined and who had the brilliant idea of combining FINANCE, ELECTRIC AND TELECOMMUNICATIONS? This is another one of your ways of concealing the huge losses of HU. To combine two legitimate Departments of the Borough with a Business Venture that could lose money is illegal and you are all guilty and responsible for this ploy. I assume all my accusations and charges are true because no one has addressed them. No one has addressed ex-Councilman Strasser’s statements either.
Former Mayor Marino
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