50 North Fifth Street P.O. Box 942
Reading, PA 19603-0942 Tel61O.376.6651 Fax 610.376.5243 www.barley.com
VIA FACSIMILE
Lucinda Glinn, Appeals Officer Commonwealth of Pennsylvania Office of Open Records Commonwealth Keystone Building 400 North Street, 4th Floor Harrisburg, P A 17120-0225
May 4,2009
Keith Mooney, Esquire Direct Dial Number: 610.898.7155 E-mail: kmooney@barley.com
Re: AP 2009-0272, Marino v. Kutztown Borough ("Borough")
Dear Appeals Officer Glinn:
In response to your May 4, 2009 correspondence and the correspondence received from Gennaro Marino which was received by your office on May 4,2009, I hereby respond as follows:
The purchase order which is the subj ect of Mr. Marino's request was a computer generated purchase order, generated by the Borough of Kutztown for review by the Borough Council. There does exist a physical copy of a computer generated purchase order, however, there does not exist a copy of the purchase order or an original of the purchase order executed by the Borough of Kutztown and Blonder Tongue Laboratories, Inc. To the extent that I in any of my earlier correspondence gave the impression that the purchase order did not exist, I apologize and hope that this correspondence clarifies the record.
In the event that you require any further information regarding this matter, please do not hesitate to contact me at your earliest convenience.
Sincerely,
Keith Mooney, Esquire
KM/lad:25979 12_1
cc: Gennaro A. Marino
Reading' York' Lancaster' Berwyn' Hanover
Tuesday, May 5, 2009
MARINO REPLY TO OFFICE OF OPEN RECORDS 5-4-09
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120
Re: AP 2009-0272, Marino v. Kutztown Borough
Dear Appeals Officer Glinn,
In response to the letter to you dated May 1, 2009 from Kutztown Borough Solicitor Mooney I would like to comment on the following statement, “I should note that the Secretary who prepared the agenda for the Borough Council meeting utilized poor terminology in indicating that the Purchase with Blonder Tongue Laboratories in the amount of $119,511.87 for machinery etc.”
This is the same Official Borough Secretary Bonnie Bray who would not tell me where she obtained the figure of $119,511.87 for the agenda and then also as the Borough’s Right to Know Officer told me in person and in writing that the Purchase Order did not exist.
He also states in his letter it should have read, “to authorize the execution of a purchase order for Blonder etc.” This statement would only hold true if the Purchase Order was not already executed. This is one of the reasons the purchase order should be made public.
Solicitor Mooney’s letter is intentionally misleading. Making this Purchase Order public would not compromise Borough business in any way.
Should you require any further information on this subject I am readily available. Thank you.
Sincerely,
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Commonwealth of Pennsylvania
Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120
Re: AP 2009-0272, Marino v. Kutztown Borough
Dear Appeals Officer Glinn,
In response to the letter to you dated May 1, 2009 from Kutztown Borough Solicitor Mooney I would like to comment on the following statement, “I should note that the Secretary who prepared the agenda for the Borough Council meeting utilized poor terminology in indicating that the Purchase with Blonder Tongue Laboratories in the amount of $119,511.87 for machinery etc.”
This is the same Official Borough Secretary Bonnie Bray who would not tell me where she obtained the figure of $119,511.87 for the agenda and then also as the Borough’s Right to Know Officer told me in person and in writing that the Purchase Order did not exist.
He also states in his letter it should have read, “to authorize the execution of a purchase order for Blonder etc.” This statement would only hold true if the Purchase Order was not already executed. This is one of the reasons the purchase order should be made public.
Solicitor Mooney’s letter is intentionally misleading. Making this Purchase Order public would not compromise Borough business in any way.
Should you require any further information on this subject I am readily available. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Monday, May 4, 2009
CORRUPTION CLARIFICATION 5-4-09
Corruption Clarification 5-1-09 Gennaro A. Marino P.E.
www.marinoreport.com
As per the Borough Code all purchases of $10,000 or more, unless exempted, shall be bid publicly. The Purchase Order amount of $119,511.87 was agreed upon with Blonder Tongue Laboratories Inc. in early March of 2009 without a public bid. After my complaint the P.O. was withdrawn and Borough Officials Bonnie Bray and Frank Caruso lied and stated to me personally that the P.O. did not exist. Bonnie Bray states this in a denial of my Right to Know Request which is a signed Borough Document that I have in my possession. In a letter to the Office of Open Records Borough Solicitor Mooney stated the P.O. was not a record which disagrees with Bonnie Bray and Frank Caruso. Counselor Mooney states the P.O. is not a record means it exists. To illegally reach an agreement in price of more than $10,000 with a contractor without a public bid, stage a bid and then lie about it is a crime. And Mayor Green, the Borough Council, Borough Manager\Treasurer Khalife, Secretary Bray, HU head Frank Caruso and Assistant Treasurer Samilo were all involved and are well aware of the P.O. and the cover up. Borough Officials do not want the P.O. to be published because it is incriminating. This is a serious violation of the law and all of the above statements can be documented. I hope I have made myself clear.
www.marinoreport.com
As per the Borough Code all purchases of $10,000 or more, unless exempted, shall be bid publicly. The Purchase Order amount of $119,511.87 was agreed upon with Blonder Tongue Laboratories Inc. in early March of 2009 without a public bid. After my complaint the P.O. was withdrawn and Borough Officials Bonnie Bray and Frank Caruso lied and stated to me personally that the P.O. did not exist. Bonnie Bray states this in a denial of my Right to Know Request which is a signed Borough Document that I have in my possession. In a letter to the Office of Open Records Borough Solicitor Mooney stated the P.O. was not a record which disagrees with Bonnie Bray and Frank Caruso. Counselor Mooney states the P.O. is not a record means it exists. To illegally reach an agreement in price of more than $10,000 with a contractor without a public bid, stage a bid and then lie about it is a crime. And Mayor Green, the Borough Council, Borough Manager\Treasurer Khalife, Secretary Bray, HU head Frank Caruso and Assistant Treasurer Samilo were all involved and are well aware of the P.O. and the cover up. Borough Officials do not want the P.O. to be published because it is incriminating. This is a serious violation of the law and all of the above statements can be documented. I hope I have made myself clear.
Friday, May 1, 2009
CORRUPTION EXPLANATION 5-1-09
Corruption Explanation 5-1-09 Gennaro A. Marino P.E.
To sum up my actions of questioning and accusing the Borough of lying about and rigging a bid with contractor Blonder Tongue Laboratories Inc of Old Bridge, N.J. In early March the Borough had a Purchase Order with Blonder for $119,511.87 and as per the Meeting agenda was going to ratify it at the March 17, 2009 Council Meeting. I stated it was illegal because it was not bid publicly and the Council removed it from the agenda and put the contract out for bid. Under the Right to Know law I asked to see the Purchase Order. I received a reply in writing from Borough Secretary\Right to Know Officer Bonnie Bray that the Purchase Order does not exist. I was also told personally by Secretary Bray and Information Technology Director Caruso that the P.O. does not exist. I appealed the RTK decision to the Office of Open Records and Borough Solicitor Keith Mooney replied to the OOR stating that the P.O. was not a record and the Borough did not have to produce the P.O. My blog of April 29, 2009 is a scan of the letter from the OOR to Solicitor Mooney stating his explanation disagrees with Secretary Bray’s reason.
Solicitor Mooney is now in the process of answering the Office of Open Records.
The point I am making is that the Borough does not want the Purchase Order made public because it shows the Borough had an agreement with Blonder for $119,511.87 without a bid or even a check price. This P.O. clearly exposes the conspiracy that the Borough was rigging a bid to give the contract to a predetermined bidder at a predetermined price which is a criminal act.
This P.O. is a public record but the Borough does not want it made public because it is incriminating. Mayor Green, the Borough Council, Borough Manager\Treasurer Khalife, Assistant Treasure Samilo, Borough Secretary Bray, ITD Caruso are all aware of what is going on and are all part of the conspiracy . The Borough Elected Officials can be indicted and can be sued personally because they knew the bid was illegal at the time of the vote. There is much more to this incident which I am sure will come out at a later date.
To sum up my actions of questioning and accusing the Borough of lying about and rigging a bid with contractor Blonder Tongue Laboratories Inc of Old Bridge, N.J. In early March the Borough had a Purchase Order with Blonder for $119,511.87 and as per the Meeting agenda was going to ratify it at the March 17, 2009 Council Meeting. I stated it was illegal because it was not bid publicly and the Council removed it from the agenda and put the contract out for bid. Under the Right to Know law I asked to see the Purchase Order. I received a reply in writing from Borough Secretary\Right to Know Officer Bonnie Bray that the Purchase Order does not exist. I was also told personally by Secretary Bray and Information Technology Director Caruso that the P.O. does not exist. I appealed the RTK decision to the Office of Open Records and Borough Solicitor Keith Mooney replied to the OOR stating that the P.O. was not a record and the Borough did not have to produce the P.O. My blog of April 29, 2009 is a scan of the letter from the OOR to Solicitor Mooney stating his explanation disagrees with Secretary Bray’s reason.
Solicitor Mooney is now in the process of answering the Office of Open Records.
The point I am making is that the Borough does not want the Purchase Order made public because it shows the Borough had an agreement with Blonder for $119,511.87 without a bid or even a check price. This P.O. clearly exposes the conspiracy that the Borough was rigging a bid to give the contract to a predetermined bidder at a predetermined price which is a criminal act.
This P.O. is a public record but the Borough does not want it made public because it is incriminating. Mayor Green, the Borough Council, Borough Manager\Treasurer Khalife, Assistant Treasure Samilo, Borough Secretary Bray, ITD Caruso are all aware of what is going on and are all part of the conspiracy . The Borough Elected Officials can be indicted and can be sued personally because they knew the bid was illegal at the time of the vote. There is much more to this incident which I am sure will come out at a later date.
Thursday, April 30, 2009
OFFICE OF OPEN RECORDS LETTER TO SOLICITOR MOONEY COMMENTS
Office of Open Records Letter to Borough Solicitor Mooney Comments 4-30-09
My last blog is a scan of a letter from the Office of Open Records to Kutztown Borough Solicitor Keith Mooney which was in reply to an appeal filed by me. This letter sets a precedent which means that Mayor Sandy Green, the Borough Council, Borough Solicitors Dietrich and Mooney along with some Borough will have to start making all Borough Books and Financial Records available to the public periodically and not by request. For instance Hometown Utilicom statistics such as the number of subscribers and the revenue from subscribers should be published monthly which would allow the residents to determine if this business venture is viable.
Last week under the Right to Know Law I made a request and yesterday I received a reply from Borough Secretary\Right to Know Officer Bonnie Bray which I stated and I quote, “I would like to see the start and completion dates of the Blonder Tongue Laboratories contract to update the head end to digital when they are available”.
Her reply was and again I quote, “Your request is denied because the contract does not exist and because there are no start and completion dates established for the head end project”. You have a right to appeal etc. She makes the statement that the Contract does not exist even though the bid for it was voted on in Committee and then voted on and accepted at the April 21, 2009 Council Meeting. She also states there are no start or completion dates established despite the fact that this work must be completed, as per a Federal regulation by June 12, 2009. Of course I will appeal this decision.
Gennaro A. Marino P.E.
www.marinoreport.com
My last blog is a scan of a letter from the Office of Open Records to Kutztown Borough Solicitor Keith Mooney which was in reply to an appeal filed by me. This letter sets a precedent which means that Mayor Sandy Green, the Borough Council, Borough Solicitors Dietrich and Mooney along with some Borough will have to start making all Borough Books and Financial Records available to the public periodically and not by request. For instance Hometown Utilicom statistics such as the number of subscribers and the revenue from subscribers should be published monthly which would allow the residents to determine if this business venture is viable.
Last week under the Right to Know Law I made a request and yesterday I received a reply from Borough Secretary\Right to Know Officer Bonnie Bray which I stated and I quote, “I would like to see the start and completion dates of the Blonder Tongue Laboratories contract to update the head end to digital when they are available”.
Her reply was and again I quote, “Your request is denied because the contract does not exist and because there are no start and completion dates established for the head end project”. You have a right to appeal etc. She makes the statement that the Contract does not exist even though the bid for it was voted on in Committee and then voted on and accepted at the April 21, 2009 Council Meeting. She also states there are no start or completion dates established despite the fact that this work must be completed, as per a Federal regulation by June 12, 2009. Of course I will appeal this decision.
Gennaro A. Marino P.E.
www.marinoreport.com
Wednesday, April 29, 2009
Office of Open Record to Mooney
April 27, 2009
Keith Mooney, Esquire Barley Snyder LLC
50 North Fifth Street P.O. Box 942
Reading, PA 19603-0942
COMMONWEALTH OF PENNSYLVANIA OFFICE OF OPEN RECORDS
Via Facsimile & US J1ail
Re: AP 2009-0272, Marino v. Kutztown Borough ("Borough Dear Solicitor Mooney:
r roceiv@G-the al;lQ:v:e-appeal filedJJy Gennaro A. Marino with the Office of Open Records ("OOR") pursuant to the Right-to-Know Law, 65 P.S. §§67.101 et seq. ("RTKL") relative to a Purchase Order for the purchase of equipment from Blonder Tongue Laboratories set to be ratified at a Borough Council meeting.
The Denial of the Borough Open Records Officer reports that due to no [mal action being taken, the Purchase Order requested did not exist. However, that statement is in conflict with your letter dated April 16th, received by the undersigned April 20th in which you do not claim non-existence of the record. Rather, you advise that the Purchase Order does not qualify as a "record" under Section 102 of the R TKL. Please be advised that under the new R TKL, unlike its predecessor, to qualify as a public record, a record need not form the basis of a decision or final action. Rather, any information of an agency that documents its actions or business may be a "record" subject to disclosure. You have not asserted any exceptions to the disclosure of the Purchase Order requested, for which the Borough bears the burden of proof under Section 708(a) of showing its non-public nature.
As you have claimed the Purchase Order does not qualify as a "record," please confirm that argument as the Borough's sole defense to disclosure. To the extent that you claim the Purchase Order does not qualify as a record, please explain the reasons the Consent Agenda for the March 1 ih Borough Council meeting refers to its issuance, and supply your legal authority for your conclusion that the Purchase Order is not a "record." You may cite to Final Determinations of the OOR that support your conclusion.
Please note Docket No. AP 2009-0272 on all submissions related to that Appeal and send a copy to the requester. Kindly supplement the record as requested by May 1.2009. Submissions via facsimile are preferred.
Thank you in advance for your anticipated cooperation with this matter.
Very truly yours,
~~
Lucinda Glinn
Appeals Officer
cc. Gennaro A. Marino
Commonwealth Keystone Building I 400 North Street, 4th Floor Harrisburg, Pennsylvania 17120-0225 (717)346-9903 I (717) 425-5343 (Fax) http://openrecords.state. pa. us
Keith Mooney, Esquire Barley Snyder LLC
50 North Fifth Street P.O. Box 942
Reading, PA 19603-0942
COMMONWEALTH OF PENNSYLVANIA OFFICE OF OPEN RECORDS
Via Facsimile & US J1ail
Re: AP 2009-0272, Marino v. Kutztown Borough ("Borough Dear Solicitor Mooney:
r roceiv@G-the al;lQ:v:e-appeal filedJJy Gennaro A. Marino with the Office of Open Records ("OOR") pursuant to the Right-to-Know Law, 65 P.S. §§67.101 et seq. ("RTKL") relative to a Purchase Order for the purchase of equipment from Blonder Tongue Laboratories set to be ratified at a Borough Council meeting.
The Denial of the Borough Open Records Officer reports that due to no [mal action being taken, the Purchase Order requested did not exist. However, that statement is in conflict with your letter dated April 16th, received by the undersigned April 20th in which you do not claim non-existence of the record. Rather, you advise that the Purchase Order does not qualify as a "record" under Section 102 of the R TKL. Please be advised that under the new R TKL, unlike its predecessor, to qualify as a public record, a record need not form the basis of a decision or final action. Rather, any information of an agency that documents its actions or business may be a "record" subject to disclosure. You have not asserted any exceptions to the disclosure of the Purchase Order requested, for which the Borough bears the burden of proof under Section 708(a) of showing its non-public nature.
As you have claimed the Purchase Order does not qualify as a "record," please confirm that argument as the Borough's sole defense to disclosure. To the extent that you claim the Purchase Order does not qualify as a record, please explain the reasons the Consent Agenda for the March 1 ih Borough Council meeting refers to its issuance, and supply your legal authority for your conclusion that the Purchase Order is not a "record." You may cite to Final Determinations of the OOR that support your conclusion.
Please note Docket No. AP 2009-0272 on all submissions related to that Appeal and send a copy to the requester. Kindly supplement the record as requested by May 1.2009. Submissions via facsimile are preferred.
Thank you in advance for your anticipated cooperation with this matter.
Very truly yours,
~~
Lucinda Glinn
Appeals Officer
cc. Gennaro A. Marino
Commonwealth Keystone Building I 400 North Street, 4th Floor Harrisburg, Pennsylvania 17120-0225 (717)346-9903 I (717) 425-5343 (Fax) http://openrecords.state. pa. us
Tuesday, April 28, 2009
ATTORNEY GENERAL 4-28-09
Attorney General 4-28-09 Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-6683-7977
Attorney General Tom Corbett
Strawberry Square
Harrisburg, Pa 17120
Dear Sir,
In a letter to you dated April 13, 2009 (letter attached) I accused the Borough of Kutztown of rigging a bid and covering it up and have not received an acknowledgement or a reply from your office.
To up date you please find 2 letters I have sent to the Mayor and the Borough Council, dated April 21 and April 23, 2009 in which I question their actions and accuse them of bid rigging and lying. I have not received an answer to either letter. They are not responding to my letters because all my statements are true. My website www.marinoreport.com contains many more letters to the Borough which also were never answered.
There is more than enough evidence in my letters for you to conduct a criminal investigation into the Borough’s actions in this case. There are also rumors that the contract work is already completed. This incident is a clear case of the Borough Officials arrogantly agreeing on the price of a contract without a bid and then making it legal with a staged public bid. My attached letters are perfectly clear and all my accusations can be documented. I am available if you require any additional information. Thank you.
Sincerely,
Gennaro A. Marino P.E.
postscript: There is no way that your office can overlook this situation because it is a deliberate and intentional conspiracy by the Borough’s elected and appointed officials to give a contract to a preferred contractor at an agreed upon price without a bid or even an unofficial check price. To hide this fact they staged a fraudulent bid document and bid opening. Along with this incident there is no Audited Budget for 2008 available to the public at the Borough Hall. There are many criminal acts and lies in this incident and the Borough is intentionally withholding all financial records from the public. In the past the Borough also illegally awarded contracts in 2 other cases, New World Systems and Professional Computer Systems Company.
409 W. Main St.
Kutztown, Pa 19530
610-6683-7977
Attorney General Tom Corbett
Strawberry Square
Harrisburg, Pa 17120
Dear Sir,
In a letter to you dated April 13, 2009 (letter attached) I accused the Borough of Kutztown of rigging a bid and covering it up and have not received an acknowledgement or a reply from your office.
To up date you please find 2 letters I have sent to the Mayor and the Borough Council, dated April 21 and April 23, 2009 in which I question their actions and accuse them of bid rigging and lying. I have not received an answer to either letter. They are not responding to my letters because all my statements are true. My website www.marinoreport.com contains many more letters to the Borough which also were never answered.
There is more than enough evidence in my letters for you to conduct a criminal investigation into the Borough’s actions in this case. There are also rumors that the contract work is already completed. This incident is a clear case of the Borough Officials arrogantly agreeing on the price of a contract without a bid and then making it legal with a staged public bid. My attached letters are perfectly clear and all my accusations can be documented. I am available if you require any additional information. Thank you.
Sincerely,
Gennaro A. Marino P.E.
postscript: There is no way that your office can overlook this situation because it is a deliberate and intentional conspiracy by the Borough’s elected and appointed officials to give a contract to a preferred contractor at an agreed upon price without a bid or even an unofficial check price. To hide this fact they staged a fraudulent bid document and bid opening. Along with this incident there is no Audited Budget for 2008 available to the public at the Borough Hall. There are many criminal acts and lies in this incident and the Borough is intentionally withholding all financial records from the public. In the past the Borough also illegally awarded contracts in 2 other cases, New World Systems and Professional Computer Systems Company.
Subscribe to:
Posts (Atom)
Posts
