Kutztown Borough Facts 3-24-09 www.marinoreport.com
From the Kutztonian of Summer, 2001
The Council determines the policies and direction of the Borough operations. The Manager provides recommendations, is the Chief Administrative Officer of the Borough and is responsible to the Council as a whole for the proper and efficient administration of the affairs placed in his charge. The powers and duties for the administration of all Borough business are vested in the Manager, unless imposed on other Borough officers. In an effort to minimize overhead expense, some staff personnel wear many hats. The Borough Manager is also the Treasurer (Finance Director) and Purchasing Agent, the Kutztown Municipal Authority (KMA) Manager and assistant Treasurer, the Kutztown Transportation Authority (KTA) Manager and Assistant Treasurer, and performs the responsibilities of personnel manager and risk manager.
It is unusual that a municipality that deals with a Budget our size and operations as complex as Kutztown’s does not have a full time Finance Director, a full time Human Resource Director, and a full time Public Works Director.
The above article is the boasting and bragging by former Everything Director Keith Hill in the Summer 2001 Kutztonian. One year later, in July of 2002 he secretly filed a Human Rights violation against the Borough and Mayor Marino with the Pennsylvania Human Rights Commission. He continued to work at the Borough until he resigned in October of 2002. Two days after he left the Borough he illegally and unethically went to work for the Borough Engineers, Spotts, Stevens and McCoy at an hourly rate of $84 an hour. He sat at the same desk he resigned from because the hostile environment which he falsely accused me of creating.
When the Borough found out about his secret complaint with PHRC he was fired in January of 2003. He then filed a complaint in Federal Court and the Borough Council and some Borough employees conspired with him to defraud the Borough’s insurance company of $162,000. There was no fault or guilt found, it was an insurance settlement with no opportunity for appeal. He later went to work or Atlantic Engineering the contractor that he awarded a contract of over $2 million to install the fiber optics system without a public bid.
He further brags about his proposed internet that will have access to everything imaginable. He states if you thought your 56K modem was fast, you ain’t seen nothing yet and then he states a new laser-printed electric and water bill format will be introduced in July.
Here we are in March of 2009 and none of his boasts or brags have materialized. He also bragged that he was a Civil Engineer and the Information Technology Director has a Bachelor of Arts degree in Applied Business Management and Associate degree in Computer Management and was a principal owner in a computer software programming Company. With all of their credentials both of them could not produce a Business Plan or Marketing Plan for Hometown Utilicom. To this day the Borough has never produced and is incapable of producing a Business Plan or Marketing Plan. In fact the Borough has never published a Financial Report on HU since its inception in 2002.
You can see from all his titles that the Borough Council relinquished all their power and put Keith Hill in complete charge of the Borough and when he realized his projects were failures he filed a complaint and literally ran away blaming the Borough and I. Borough Managers\Treasurers Vettraino and Khalife continued to follow his lead and falsify the Borough budget, publish fraudulent reports and award contracts without bids. The most recent illegal contract was for $119,511.87 with Blonder Tongue Laboratories Inc. of Old Bridge, N.J to upgrade the dish for HU. I am already pursuing additional Borough Information through the New Right to Know Law. Gennaro A. Marino P.E.
Monday, March 23, 2009
Sunday, March 22, 2009
Kutztown Current Events 3-22-09
Kutztown Current Events 3-22-09 www.marinoreport.com
I notice there are many House for Sale signs throughout the Borough and the do nothing Mayor and Borough Council and their predecessors are responsible for them and the following are some of the reasons. They have raised every fee, tax, penalties and charges in the Borough to finance Hometown Utilicom. They encouraged student housing to acquire subscribers for HU. They encourage no tolerance parking, noise and petty citations for revenue. They made an unholy contract with a developer to expand our water and sewer systems outside the Borough for Apex student housing to illegally sell HU Services to the developer to keep out HU competitors. There scheme failed and the agreement was broken and now the Borough has the responsibility for more water and sewer services outside the Borough which the Borough does not need. They also turned down Maxatawny Townships offer for a joint sewerage treatment plant in which the County would contribute a 3 or 4 hundred thousand dollar grant and the Borough was not obligated to put up any funds until they decided to use to use the plant. This decision was not made for the betterment of the Borough but was based on personal spite and hate by them. They do not interact with residents for opinions or suggestions and they are also afraid the residents will question or disagree with their decisions. They are so ignorant, arrogant, unconscious and unfriendly that they haven’t even noticed there are no residents at the Council Meetings. Practically all of the Borough Council votes are unanimous and without discussions because they are all agreed upon in private. They also employ a Consent Agenda and slyly group many resolutions and ordinances together and do not discuss them before the vote. The Council Meeting Agenda is made public the day before the meetings which doesn’t give them much time to read the Ordinances or Resolutions before the votes. They authorize the Borough Manager\Treasurer Khalife, Assistant Treasurer Samilo and other Borough employees to transfer funds from any fund or department to any other fund or department to pay the monthly bills. There are never any funds, departments or dollar amounts noted.
They also enforce or ignore penalties, rules and laws to serve their purposes. For instance a Borough Official recently received a Drunk Driving Violation which is one of the best kept secrets in the Borough. Part of his wages is the use of a Borough Vehicle. The official has not reprimanded or penalized by them and still has the use of a Borough Vehicle. They brought charges against me when I was Mayor and charged me in Court for raising my voice. They also constructed a $9,000 door without a bid or vote in the Borough Hall to keep me out of Borough offices. They along with Borough Solicitor Dietrich also wasted more than $150,000 investigating me while I was the Mayor. They along with Borough Solicitor Dietrich also conspired with Keith Hill to defraud the Borough Insurance Co. out of $162,000 and allowed him to violate the Borough Code and come back and sit at his same desk as an $84 an hour employee of Spotts, Stevens and McCoy, the Borough Engineers, just 2 days after he resigned and left the Borough because of the hostile environment he stated was created by me. Borough Solicitor Dietrich did business for and with former Borough Manager\Treasurer Keith Hill.
There is much more to be said about the past and present elected and appointed officials of the Borough which I will publish in the future.
Gennaro A. Marino P.E.
I notice there are many House for Sale signs throughout the Borough and the do nothing Mayor and Borough Council and their predecessors are responsible for them and the following are some of the reasons. They have raised every fee, tax, penalties and charges in the Borough to finance Hometown Utilicom. They encouraged student housing to acquire subscribers for HU. They encourage no tolerance parking, noise and petty citations for revenue. They made an unholy contract with a developer to expand our water and sewer systems outside the Borough for Apex student housing to illegally sell HU Services to the developer to keep out HU competitors. There scheme failed and the agreement was broken and now the Borough has the responsibility for more water and sewer services outside the Borough which the Borough does not need. They also turned down Maxatawny Townships offer for a joint sewerage treatment plant in which the County would contribute a 3 or 4 hundred thousand dollar grant and the Borough was not obligated to put up any funds until they decided to use to use the plant. This decision was not made for the betterment of the Borough but was based on personal spite and hate by them. They do not interact with residents for opinions or suggestions and they are also afraid the residents will question or disagree with their decisions. They are so ignorant, arrogant, unconscious and unfriendly that they haven’t even noticed there are no residents at the Council Meetings. Practically all of the Borough Council votes are unanimous and without discussions because they are all agreed upon in private. They also employ a Consent Agenda and slyly group many resolutions and ordinances together and do not discuss them before the vote. The Council Meeting Agenda is made public the day before the meetings which doesn’t give them much time to read the Ordinances or Resolutions before the votes. They authorize the Borough Manager\Treasurer Khalife, Assistant Treasurer Samilo and other Borough employees to transfer funds from any fund or department to any other fund or department to pay the monthly bills. There are never any funds, departments or dollar amounts noted.
They also enforce or ignore penalties, rules and laws to serve their purposes. For instance a Borough Official recently received a Drunk Driving Violation which is one of the best kept secrets in the Borough. Part of his wages is the use of a Borough Vehicle. The official has not reprimanded or penalized by them and still has the use of a Borough Vehicle. They brought charges against me when I was Mayor and charged me in Court for raising my voice. They also constructed a $9,000 door without a bid or vote in the Borough Hall to keep me out of Borough offices. They along with Borough Solicitor Dietrich also wasted more than $150,000 investigating me while I was the Mayor. They along with Borough Solicitor Dietrich also conspired with Keith Hill to defraud the Borough Insurance Co. out of $162,000 and allowed him to violate the Borough Code and come back and sit at his same desk as an $84 an hour employee of Spotts, Stevens and McCoy, the Borough Engineers, just 2 days after he resigned and left the Borough because of the hostile environment he stated was created by me. Borough Solicitor Dietrich did business for and with former Borough Manager\Treasurer Keith Hill.
There is much more to be said about the past and present elected and appointed officials of the Borough which I will publish in the future.
Gennaro A. Marino P.E.
Saturday, March 21, 2009
Right to Know Request Attachment 3-23-09
Right to Know Request Attachment of 3-23-09
Re: Blonder Tongue Laboratories, Inc. Contract
I would like to see the backup documents and or bid documents that led to the awarding of the contract of $119,511.87 for machinery and equipment for the transition for head and to Digital to Blonder Tongue Laboratories Inc. of Old Bridge, N.J.
I requested this information in a FAX to the Borough dated March 16, 2009 and did not receive a reply. This information should be made public without a request of any kind. I am now requesting this information under the Right to Know Law. If for any reason the Borough states that this bid is exempt from public bidding I would like to know the reason and what section of the Borough Code it is based on. And even if it is exempt from public bidding I am requesting the action taken by the Borough that determined that this contract was awarded in the best interests of the Borough. I would like to remind you that this contract is for Hometown Utilicom which is a business venture that loses about $1 million a year and is not a utility.
My second request is to see a complete up to date financial report on Hometown Utilicom which should include the number of TV, Internet and telephone subscribers and the revenue and expenses separately from each. It should also indicate the amount of revenue HU receives from within the Borough. It should also list the amount of funds moved into HU through transfers, loans, rentals, subsidies etc. since its inception in 2002. And it should also include the amount of funds HU owes the borough at the present time. I would also like to see some past Borough records that indicate that HU is a viable venture. I want to see Borough records and I do not want to see any information from any outside sources. Being HU is a business venture solely owned by the Borough I am positive these records exist and will not have to be created for my request. Thank you.
Gennaro A. MarinoP.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Re: Blonder Tongue Laboratories, Inc. Contract
I would like to see the backup documents and or bid documents that led to the awarding of the contract of $119,511.87 for machinery and equipment for the transition for head and to Digital to Blonder Tongue Laboratories Inc. of Old Bridge, N.J.
I requested this information in a FAX to the Borough dated March 16, 2009 and did not receive a reply. This information should be made public without a request of any kind. I am now requesting this information under the Right to Know Law. If for any reason the Borough states that this bid is exempt from public bidding I would like to know the reason and what section of the Borough Code it is based on. And even if it is exempt from public bidding I am requesting the action taken by the Borough that determined that this contract was awarded in the best interests of the Borough. I would like to remind you that this contract is for Hometown Utilicom which is a business venture that loses about $1 million a year and is not a utility.
My second request is to see a complete up to date financial report on Hometown Utilicom which should include the number of TV, Internet and telephone subscribers and the revenue and expenses separately from each. It should also indicate the amount of revenue HU receives from within the Borough. It should also list the amount of funds moved into HU through transfers, loans, rentals, subsidies etc. since its inception in 2002. And it should also include the amount of funds HU owes the borough at the present time. I would also like to see some past Borough records that indicate that HU is a viable venture. I want to see Borough records and I do not want to see any information from any outside sources. Being HU is a business venture solely owned by the Borough I am positive these records exist and will not have to be created for my request. Thank you.
Gennaro A. MarinoP.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Thursday, March 19, 2009
Right to Know Request Appeal March 20, 2009
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Attachment to Right to Know Request Appeal of March 20, 2009
Right to Know Officer Bonnie Bray
Madam,
In your letter to me dated March 16, 2009 you denied my request to see the bid documents and the bid results for the contract with Professional Computers System Co. because there was no bid and you are not required to create a record etc. At this time I am appealing that request and would like to see all the paper work, faxes and phone calls that led to the awarding of this contract. All this material has to exist and does not have to be produced specifically for my request. A Borough representative had to contact Professional Computers System Co. of Dennison, Iowa in some way to request proposals and reach an agreement. I am requesting to see how the agreement was negotiated and finalized. I am also requesting to see any proposals from similar contractors. The borough representative had to have other proposals and prices to compare to Professional Computers System Co. It would be improper to award a contract without any proposals for comparisons. My request is to see all the backup information considered by Borough representatives before awarding this contract.
Your letter also states that this contract is also exempt from public bidding under section 1402(d) (5) of article XIV, “CONTRACTS,” of the Pennsylvania Code. Please tell me specifically which provision or provisions of this section pertain to exempting this contract.
Thank you. Gennaro A. Marino P.E.
cc: Borough Manager \Treasurer Khalife
Borough Council Members
Mayor Green
Information Technology Director Frank Caruso
Borough Solicitors Mooney and Dietrich
Auditor Long & Barrell
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Attachment to Right to Know Request Appeal of March 20, 2009
Right to Know Officer Bonnie Bray
Madam,
In your letter to me dated March 16, 2009 you denied my request to see the bid documents and the bid results for the contract with Professional Computers System Co. because there was no bid and you are not required to create a record etc. At this time I am appealing that request and would like to see all the paper work, faxes and phone calls that led to the awarding of this contract. All this material has to exist and does not have to be produced specifically for my request. A Borough representative had to contact Professional Computers System Co. of Dennison, Iowa in some way to request proposals and reach an agreement. I am requesting to see how the agreement was negotiated and finalized. I am also requesting to see any proposals from similar contractors. The borough representative had to have other proposals and prices to compare to Professional Computers System Co. It would be improper to award a contract without any proposals for comparisons. My request is to see all the backup information considered by Borough representatives before awarding this contract.
Your letter also states that this contract is also exempt from public bidding under section 1402(d) (5) of article XIV, “CONTRACTS,” of the Pennsylvania Code. Please tell me specifically which provision or provisions of this section pertain to exempting this contract.
Thank you. Gennaro A. Marino P.E.
cc: Borough Manager \Treasurer Khalife
Borough Council Members
Mayor Green
Information Technology Director Frank Caruso
Borough Solicitors Mooney and Dietrich
Auditor Long & Barrell
Tuesday, March 17, 2009
Agenda Request Addition 3-17-09
Consent Agenda Addition 3-17-09 Gennaro A.Marino P.E.
Mayor Green
Kutztown Borough Council
Dear Elected officials,
In reference to my letter to you of 3-16-09 I have attached page 4 of the Purchasing Handbook and underlined some reasons for exemptions of bids and if there were no bids on the Blonder Laboratories Inc. contract, the contract is illegal because it does not meet requirements of the exemptions. The exemptions are “provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment.” This contract is an addition and an extension of services of HU. It also does not qualify under paragraph 7 professional services. This contract should be put out for bid to be legal.
Sincerely, Gennaro A. Marino P.E.
Mayor Green
Kutztown Borough Council
Dear Elected officials,
In reference to my letter to you of 3-16-09 I have attached page 4 of the Purchasing Handbook and underlined some reasons for exemptions of bids and if there were no bids on the Blonder Laboratories Inc. contract, the contract is illegal because it does not meet requirements of the exemptions. The exemptions are “provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment.” This contract is an addition and an extension of services of HU. It also does not qualify under paragraph 7 professional services. This contract should be put out for bid to be legal.
Sincerely, Gennaro A. Marino P.E.
Monday, March 16, 2009
CONSENT AGENDA QUESTIONS 3-16-09
Consent Agenda Questions 3-16-09 Gennaro A. Marino P.E.
www.marinoreport.com
Mayor Green
Kutztown Borough Council
Dear Elected Officials,
The agenda for the Tuesday Council Meeting was finally posted on the Borough website today. Under the Consent Agenda the fifth item is: Ratify the issuance of a purchase order to Blonder Tongue Laboratories, Inc., Old Bridge NJ, in the amount of $119,511.87 for machinery and equipment for the transition of head end to Digital.
My first question is, being the contract was for more than $10,000 when was the public bid held for this contract?
My second question is, according to the Borough Code aren’t items on the Consent Agenda be discussed separately?
My third question is, is Hometown Utilicom paying for this contract and are these funds coming from the $1.3 loan made for Hometown Utilicom?
I am faxing you this letter to let you know that if this contract was not bid according to the Borough Code it is illegal and if you vote for legislation that you know is illegal at the time of the vote and is later found illegal you can be sued personally. And a high priced contract such as $119,511.87 should be voted on and discussed individually and not lumped together with other legislation. Again this is just another underhanded way of keeping expenses of HU out of the limelight.
Sincerely, Gennaro A. Marino P.E.
www.marinoreport.com
Mayor Green
Kutztown Borough Council
Dear Elected Officials,
The agenda for the Tuesday Council Meeting was finally posted on the Borough website today. Under the Consent Agenda the fifth item is: Ratify the issuance of a purchase order to Blonder Tongue Laboratories, Inc., Old Bridge NJ, in the amount of $119,511.87 for machinery and equipment for the transition of head end to Digital.
My first question is, being the contract was for more than $10,000 when was the public bid held for this contract?
My second question is, according to the Borough Code aren’t items on the Consent Agenda be discussed separately?
My third question is, is Hometown Utilicom paying for this contract and are these funds coming from the $1.3 loan made for Hometown Utilicom?
I am faxing you this letter to let you know that if this contract was not bid according to the Borough Code it is illegal and if you vote for legislation that you know is illegal at the time of the vote and is later found illegal you can be sued personally. And a high priced contract such as $119,511.87 should be voted on and discussed individually and not lumped together with other legislation. Again this is just another underhanded way of keeping expenses of HU out of the limelight.
Sincerely, Gennaro A. Marino P.E.
Saturday, March 14, 2009
KUTZTOWN BOROUGH DEBT 3-14-09
Kutztown Borough Debt 3-14-09 Gennaro A. Marino P.E.
www.marinoreport.com
Mayor Green &
Kutztown Borough Council
Dear Elected Officials,
The Borough Debt in January 2002 was about $14 million and after paying $9,088,000 in principal and interest for 8 years the Borough debt at this time is still about $14 million. But now the annual payment for interest and principal will increase about $80,000 to $1,216 000 a year. In the year 2000 this debt payment was $580,452 a year.
The Kutztonian News of Summer 2001indicates that the 2000 Budget was about $11 million and the 2001 Budget will be about $15 million. The present 2009 Budget is about $21 million.
This disastrous financial situation was brought on by you and your predecessors to support Hometown Utilicom which loses about $1 million a year. About $4 million of the Borough debt of $14 million is attributed to Hometown Utilicom and I think the total gross revenue from the subscribers for the past 7 years is less than $4 million.
I hope one of you comes to your senses and looks into the Borough finances as you look into your own. You all being very frugal I am positive that your personal finances do not resemble the Boroughs.
After losing Apex, Hometown Utilicom should be sold if possible, but shut down in one way or another. You have not made public how HU is spending the $1.3 million loan. The residents of the Borough deserve a complete financial report on Hometown Utilicom immediately.
My next letter will analyze the Budgets from 2000 to and including 2009.
Sincerely, Gennaro A. Marino P.E.
www.marinoreport.com
Mayor Green &
Kutztown Borough Council
Dear Elected Officials,
The Borough Debt in January 2002 was about $14 million and after paying $9,088,000 in principal and interest for 8 years the Borough debt at this time is still about $14 million. But now the annual payment for interest and principal will increase about $80,000 to $1,216 000 a year. In the year 2000 this debt payment was $580,452 a year.
The Kutztonian News of Summer 2001indicates that the 2000 Budget was about $11 million and the 2001 Budget will be about $15 million. The present 2009 Budget is about $21 million.
This disastrous financial situation was brought on by you and your predecessors to support Hometown Utilicom which loses about $1 million a year. About $4 million of the Borough debt of $14 million is attributed to Hometown Utilicom and I think the total gross revenue from the subscribers for the past 7 years is less than $4 million.
I hope one of you comes to your senses and looks into the Borough finances as you look into your own. You all being very frugal I am positive that your personal finances do not resemble the Boroughs.
After losing Apex, Hometown Utilicom should be sold if possible, but shut down in one way or another. You have not made public how HU is spending the $1.3 million loan. The residents of the Borough deserve a complete financial report on Hometown Utilicom immediately.
My next letter will analyze the Budgets from 2000 to and including 2009.
Sincerely, Gennaro A. Marino P.E.
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