June 10, 2009
Gennaro A. Marino P.E.
409 W. Main Street
Kutztown, Pa 19530
610-683-7977
kmayor@ptd.net
www.marinoreport.com
RE: MARINO v. KUTZTOWN BOROUGH
DOCKET # AP 2009-0272 and DOCKET # AP 2009-0359
Office of Open Records
Executive Director Terry Mutchler
Commonwealth Keystone Building
400 North Street 4th Floor
Harrisburg, Pa 17120
Fax No. 717-425-5343
Executive Director Mutchler,
I want to thank you and your Office of Open Records for your prompt action in fulfilling my above noted requests. You did a wonderful job and I am very happy. I am happy that the residents of the Commonwealth have you and your Office protecting us.
And a special thank you to Appeals Officers Lucinda Glinn Esq. and Nathanael Byerly Esq. for the masterful handling and prompt action on my requests.
Thank you again.
Sincerely,
Gennaro A. Marino P.E.
cc: Governor Edward Rendell
State Senator Mike O’Pake
State Representative Gary Day
Kutztown Mayor Sandra Green
Kutztown Borough Council
Kutztown Borough Secretary\Right to Know Officer Bray
Kutztown Borough Manager\Treasurer Khalife
Kutztown Information Technology Director Caruso
Kutztown Assistant Treasurer Samilo
Kutztown Borough Solicitors Dietrich and Mooney
www.marinoreport.com
Monday, June 15, 2009
Thursday, June 11, 2009
COUNCIL REIMBURSEMENT FOR AWARDING ILLEGAL CONTRACT
June 11, 2009 Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610 683 7977
www.marinoreport.com
RE: COUNCIL REIMBURSEMENT FOR ILLEGAL BID AWARD
Kutztown Mayor Sandra Green
Kutztown Borough Council, Eidle, Seyler, Snyder, Schlegel, Gangewere & Amy Bray
Kutztown Borough Hall
45 Railroad Street
Kutztown, Pa 19530
Dear Elected Officials,
Blonder Tongue Laboratories Inc. of Old Bridge, New Jersey has completed the up date of the head end without a contract. This means that you have voted to give Blonder Tongue Laboratories $119,511.87 illegally without a fair bid or any kind of written agreement or description of the work to be performed. You can be sued personally in criminal and civil courts.
The Purchasing Handbook published by the Governor’s center for Local Government Services states in the forward and I quote, “Contracting and purchasing are subjects not taken lightly by local government officials. An important word to remember is surcharge. Any elected official who by vote, act or neglect causes financial loss to their municipality in a manner prohibited or not authorized by law may be surcharged the amount of the actual financial loss”. unquote
The bid result for the up dating of the head end was Blonder Tongue Laboratories Inc. Old Bridge, New Jersey $119,511.87 and Advance Media Technology of Deerfield Beach, Florida $104,858.51. Being you awarded the bid to the highest bidder without an explanation I demand you personally reimburse the Borough the difference in the bids which is $14,653.36 which was the loss incurred by the Borough by you awarding the bid to the highest bidder. This illegal bid award was supervised and approved by Borough Solicitors Timothy Dietrich and Keith Mooney and aided by Borough Employees namely Borough Manager\Treasurer Khalife, Borough Secretary\Right to Know Officer Bonnie Bray and Information Technology Director\Head of Hometown Utilicom Frank Caruso.
According to the Purchasing Handbook this so called unsigned contract with Blonder Tongue Laboratories Inc. contains many other omissions and violations. If you do not comply with my demand and reimburse the Borough $14,653.36 I will seek further legal action against all seven of you.
Sincerely,
cc: Governor Rendell
State Representative Gary Day
State Senator Mike O’Pake
Editor The Reading Eagle
Editor The Morning Call
Editor The Patriot
Borough Solicitors Mooney and Dietrich
Borough Employees
409 West Main Street
Kutztown, Pa 19530
610 683 7977
www.marinoreport.com
RE: COUNCIL REIMBURSEMENT FOR ILLEGAL BID AWARD
Kutztown Mayor Sandra Green
Kutztown Borough Council, Eidle, Seyler, Snyder, Schlegel, Gangewere & Amy Bray
Kutztown Borough Hall
45 Railroad Street
Kutztown, Pa 19530
Dear Elected Officials,
Blonder Tongue Laboratories Inc. of Old Bridge, New Jersey has completed the up date of the head end without a contract. This means that you have voted to give Blonder Tongue Laboratories $119,511.87 illegally without a fair bid or any kind of written agreement or description of the work to be performed. You can be sued personally in criminal and civil courts.
The Purchasing Handbook published by the Governor’s center for Local Government Services states in the forward and I quote, “Contracting and purchasing are subjects not taken lightly by local government officials. An important word to remember is surcharge. Any elected official who by vote, act or neglect causes financial loss to their municipality in a manner prohibited or not authorized by law may be surcharged the amount of the actual financial loss”. unquote
The bid result for the up dating of the head end was Blonder Tongue Laboratories Inc. Old Bridge, New Jersey $119,511.87 and Advance Media Technology of Deerfield Beach, Florida $104,858.51. Being you awarded the bid to the highest bidder without an explanation I demand you personally reimburse the Borough the difference in the bids which is $14,653.36 which was the loss incurred by the Borough by you awarding the bid to the highest bidder. This illegal bid award was supervised and approved by Borough Solicitors Timothy Dietrich and Keith Mooney and aided by Borough Employees namely Borough Manager\Treasurer Khalife, Borough Secretary\Right to Know Officer Bonnie Bray and Information Technology Director\Head of Hometown Utilicom Frank Caruso.
According to the Purchasing Handbook this so called unsigned contract with Blonder Tongue Laboratories Inc. contains many other omissions and violations. If you do not comply with my demand and reimburse the Borough $14,653.36 I will seek further legal action against all seven of you.
Sincerely,
cc: Governor Rendell
State Representative Gary Day
State Senator Mike O’Pake
Editor The Reading Eagle
Editor The Morning Call
Editor The Patriot
Borough Solicitors Mooney and Dietrich
Borough Employees
Wednesday, June 3, 2009
DEP.ATTORNEY GENERAL MARDEN BLONDER ON JOB 6-3-09
June 3, 2009
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Deputy Attorney General
Norman W. Marden
Strawberry Square
Harrisburg, Pa 17120
Fax no. 717-787-1190
Dear Deputy Attorney General,
This is an up date of my letter to you dated June 1, 2009. My latest observation is that the Contractor Blonder Tongue Laboratories Inc. is installing the up date to the Borough’s head end without a contract. As you know Blonder was illegally awarded a contract for material and equipment to up date our head end for a price of almost $15,000 more than the competitive bid of Advance Media Technology. The bid and contract did not include installation and testing. As of 9:30 AM (June 3, 2009) Blonder Tongue Laboratories Inc. is on the site installing the up date without a contract, a price or any details. I personally pointed this out to Borough Council President Malcolm Eidle and his comments were I am sick and tired of this. And that I have cost the Borough a lot of money for legal fees. I stated the legal fees were incurred by the Borough for illegally mishandling a contract of $119,511.87. I also made Borough Manager\Treasurer Khalife aware of the situation.
This is the culmination of all the schemes and lies by Borough Officials that I have pointed out in my letters to you. This action is an open and willful violation of the Borough Code and the Public Trust and points out the Borough’s complete disregard of the law and the rules of decency.
All my allegations and charges are all based on Borough Documents and Correspondence which I have in my possession and at your disposal. The Borough should be investigated, held libel and punished for all their wrongdoings. Thank you.
Sincerely,
Gennaro A. Marino P.E.
cc: Council President Eidle
Borough Manager\Treasurer Khalife
Information Technology Director Caruso
Blonder Tongue Laboratories Inc.
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Deputy Attorney General
Norman W. Marden
Strawberry Square
Harrisburg, Pa 17120
Fax no. 717-787-1190
Dear Deputy Attorney General,
This is an up date of my letter to you dated June 1, 2009. My latest observation is that the Contractor Blonder Tongue Laboratories Inc. is installing the up date to the Borough’s head end without a contract. As you know Blonder was illegally awarded a contract for material and equipment to up date our head end for a price of almost $15,000 more than the competitive bid of Advance Media Technology. The bid and contract did not include installation and testing. As of 9:30 AM (June 3, 2009) Blonder Tongue Laboratories Inc. is on the site installing the up date without a contract, a price or any details. I personally pointed this out to Borough Council President Malcolm Eidle and his comments were I am sick and tired of this. And that I have cost the Borough a lot of money for legal fees. I stated the legal fees were incurred by the Borough for illegally mishandling a contract of $119,511.87. I also made Borough Manager\Treasurer Khalife aware of the situation.
This is the culmination of all the schemes and lies by Borough Officials that I have pointed out in my letters to you. This action is an open and willful violation of the Borough Code and the Public Trust and points out the Borough’s complete disregard of the law and the rules of decency.
All my allegations and charges are all based on Borough Documents and Correspondence which I have in my possession and at your disposal. The Borough should be investigated, held libel and punished for all their wrongdoings. Thank you.
Sincerely,
Gennaro A. Marino P.E.
cc: Council President Eidle
Borough Manager\Treasurer Khalife
Information Technology Director Caruso
Blonder Tongue Laboratories Inc.
Monday, June 1, 2009
DEPUTY ATTORNEY GENERAL NORMAN W. MARDEN
June 1, 2009 Gennaro A. Marino P.E.
409 W. Main Street
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Deputy Attorney General
Norman W. Marden
Fax No. 717-787-1190
Dear Sir,
Today the Borough finally published the Minutes of the April 21, 2009 Council Meeting and page 17601 (attached) states and I quote “resolved, To award Options 1 and 2 of the bid for upgrading current head-end components from an analogue head-end to an analogue head-end to Blonder Tongue Laboratories Inc., Old Bridge New Jersey, in the total amount of $119,511.87. Passed by unanimous vote”. Before the vote Council President Eidle stated you all know what this is about.
Attached please find the Borough Bid Form that Borough Secretary Bonnie Bray stated in a letter (attached) dated May 19,2009 that will function as a contract from Blonder Tongue Laboratories Inc. It is not signed by a Borough Official and it has no amount for Option 2 which the Council voted to accept.
Attached also is a copy of the Borough Bid Form of a competitive bid from Advance Media Technology for $104,868.51. When you compare the 2 bids they read exactly the same. The only differences are the bid amounts and both bids do not price Option 2. At the Bid Opening Council President Eidle stated Advance Media left something off the bid and the Borough Solicitor would have to be consulted. That was a false statement because the Bid Forms are perfectly clear and concise and Advance Media was the low bidder.
This bid was illegally awarded to the highest bidder without an explanation and clearly proves the bid was rigged and there was a cover up. There are also rumors that the work is already completed. All the evidence and events in this complaint are Borough records and documents. There is a lot more to this, again with more Borough papers.
Sincerely,
Gennaro A. Marino P.E.
409 W. Main Street
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Deputy Attorney General
Norman W. Marden
Fax No. 717-787-1190
Dear Sir,
Today the Borough finally published the Minutes of the April 21, 2009 Council Meeting and page 17601 (attached) states and I quote “resolved, To award Options 1 and 2 of the bid for upgrading current head-end components from an analogue head-end to an analogue head-end to Blonder Tongue Laboratories Inc., Old Bridge New Jersey, in the total amount of $119,511.87. Passed by unanimous vote”. Before the vote Council President Eidle stated you all know what this is about.
Attached please find the Borough Bid Form that Borough Secretary Bonnie Bray stated in a letter (attached) dated May 19,2009 that will function as a contract from Blonder Tongue Laboratories Inc. It is not signed by a Borough Official and it has no amount for Option 2 which the Council voted to accept.
Attached also is a copy of the Borough Bid Form of a competitive bid from Advance Media Technology for $104,868.51. When you compare the 2 bids they read exactly the same. The only differences are the bid amounts and both bids do not price Option 2. At the Bid Opening Council President Eidle stated Advance Media left something off the bid and the Borough Solicitor would have to be consulted. That was a false statement because the Bid Forms are perfectly clear and concise and Advance Media was the low bidder.
This bid was illegally awarded to the highest bidder without an explanation and clearly proves the bid was rigged and there was a cover up. There are also rumors that the work is already completed. All the evidence and events in this complaint are Borough records and documents. There is a lot more to this, again with more Borough papers.
Sincerely,
Gennaro A. Marino P.E.
Thursday, May 28, 2009
WHAT BRAY & CARUSO CALL CONTRACT
BID FORM BOROUGH OF KUTZTOWN
FOR THE HEAD-END UPGRADE
THE UNDERSIGNED,
NAME OF FIRM _Blonder Tongue Labs ______________________ _
CONTACT NAME ____________ Steve Hegge ________________________ _
CONTACT PHONE 732-679-4000 x4358_ FAX _732-679-4353 _____________ _
CONTACT EMAIL shegge@blondertongue.com ________________________________ _
ADDRESS _One Jake Brown Road _________________________________ _
CITY, STATE, ZIP
Oldbridge _________ ST _NJ _______ zIP _08857 _
does hereby agree that if this bid is accepted and awarded to the undersigned for either or all Options 1, 2, the undersigned agrees to comply with the specifications as outlined in the bid documents and furnish all bonds and insurance certificates as specified.
OPTION 1: EQUIPMENT
QTY
MODEL
DESCRIPTION
UNIT COST
TOTAL COST
10
AQT
ATSC/QAM Transcoder
_$782.31_
_$7823.10-
2
AQT-PCM
AQT Power and Control Module
_$444.11-_
_$$888.22-
1
AQT-RCS
AQT Remote Configuration Server
_ $$515.31_
_$515.31- _
17
DQMx-02
Digital QAM Multiplexer
_$1957.11_
$33,270.87_
27
DQMx-04
Digital QAM Multiplexer
_ $2847.11_
$76,871.97 _
2
QTRC
QAM Transcoder Rack Chassis
_$71.20_
_$142.40-
LUMP SUM BID for OPTION 1:
$_$119,511.87_
OPTION 2: DESIGN, ENGINEERING AND INSTALLATION SERVICES
TOTAL BID FOR DESIGN SERVICES:
TOTAL BID FOR ENGINEERING SERVICES:
TOTAL BID FOR INSTALLATION SERVICES
LUMP SUM BID FOR OPTION 2:
$ __ INC. _
$ __ 'NC.
----
$ _INC. _
$_INC _
We herewith enclose our cash, money order, a certified or cashier's good faith check or a bond
with corporate surety in the amount of $ __ $11,952.00 being at least ten percent of
the bid proposed.
Date _4/01/09 _
Authorized Signature cfteH H~
Title: Director Systems Engineering
FOR THE HEAD-END UPGRADE
THE UNDERSIGNED,
NAME OF FIRM _Blonder Tongue Labs ______________________ _
CONTACT NAME ____________ Steve Hegge ________________________ _
CONTACT PHONE 732-679-4000 x4358_ FAX _732-679-4353 _____________ _
CONTACT EMAIL shegge@blondertongue.com ________________________________ _
ADDRESS _One Jake Brown Road _________________________________ _
CITY, STATE, ZIP
Oldbridge _________ ST _NJ _______ zIP _08857 _
does hereby agree that if this bid is accepted and awarded to the undersigned for either or all Options 1, 2, the undersigned agrees to comply with the specifications as outlined in the bid documents and furnish all bonds and insurance certificates as specified.
OPTION 1: EQUIPMENT
QTY
MODEL
DESCRIPTION
UNIT COST
TOTAL COST
10
AQT
ATSC/QAM Transcoder
_$782.31_
_$7823.10-
2
AQT-PCM
AQT Power and Control Module
_$444.11-_
_$$888.22-
1
AQT-RCS
AQT Remote Configuration Server
_ $$515.31_
_$515.31- _
17
DQMx-02
Digital QAM Multiplexer
_$1957.11_
$33,270.87_
27
DQMx-04
Digital QAM Multiplexer
_ $2847.11_
$76,871.97 _
2
QTRC
QAM Transcoder Rack Chassis
_$71.20_
_$142.40-
LUMP SUM BID for OPTION 1:
$_$119,511.87_
OPTION 2: DESIGN, ENGINEERING AND INSTALLATION SERVICES
TOTAL BID FOR DESIGN SERVICES:
TOTAL BID FOR ENGINEERING SERVICES:
TOTAL BID FOR INSTALLATION SERVICES
LUMP SUM BID FOR OPTION 2:
$ __ INC. _
$ __ 'NC.
----
$ _INC. _
$_INC _
We herewith enclose our cash, money order, a certified or cashier's good faith check or a bond
with corporate surety in the amount of $ __ $11,952.00 being at least ten percent of
the bid proposed.
Date _4/01/09 _
Authorized Signature cfteH H~
Title: Director Systems Engineering
LETTER FROM SEC. BRAY TO OFFICE OF OPEN RECORDS
A Cummunity Committed to Tradition and Progress Incorporated- /815
www.kutztowoboro.org
www.hometownutilicom.org
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'elepllOne
'ome eCllrity
'efllse 'ol/ection
ecycling 'oUeetion
'ighway 'aintenanee
ark ~n"ices
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Ii/road 'anagement
45 Railroad Street * Katz/O"II'/I, PA 19530-1/'1 * Phone. 6/0-683-6/3/ * Fax. 6/0-683-6729 * E-mail. adrnin@klltzlownboro.org
May 19,2009
Nathanael J. Byerly, Esquire Appeals Officer
Office of Open Records Commonwealth Keystone Building
400 North Street, Fourth Floor Harrisburg, Pennsylvania 17120-0225
RE: MARINO V. KUTZTOWN BOROUGH, DOCKET #AP 2009-0359
Dear Mr. Byerly:
In response to the appeal that you received on the above matter, please find enclosed a copy of a letter dated May 14,2009, from Frank P. Caruso, Director oflnformation Technology, to Blonder Tongue Corporation, showing the expected project dates for the headend update project. Although there is no formal contract with Blonder Tongue Labs, the enclosed copy of the completed bid form submitted by Blonder Tongue Labs shall function as the contract.
By copy of this letter, Mr. Marino has also been provided with these documents. Trusting that this correspondence will satisfy Mr. Marino's Right to Know request and will further serve to close this appeal.
If you have any questions, please do not hesitate to contact me .
Sincerely,
BOROUGH OF KUTZTOWN
Enclosures
cc: Gennaro A. Marino'
Gabriel Khalife Council Members Frank Caruso
Keith Mooney, Esq.
~" . ~
i NV'fv\;lL \'2\C(s
Bonnie Bray
Right-to-Know Officer
www.kutztowoboro.org
www.hometownutilicom.org
:/ectril' )istriblttion
Vater 'en'ice.
'elevision
:roadband "terne(
'elepllOne
'ome eCllrity
'efllse 'ol/ection
ecycling 'oUeetion
'ighway 'aintenanee
ark ~n"ices
••• imming ~ol
ode rlministration
•• 1/ Service >Iice
Ii/road 'anagement
45 Railroad Street * Katz/O"II'/I, PA 19530-1/'1 * Phone. 6/0-683-6/3/ * Fax. 6/0-683-6729 * E-mail. adrnin@klltzlownboro.org
May 19,2009
Nathanael J. Byerly, Esquire Appeals Officer
Office of Open Records Commonwealth Keystone Building
400 North Street, Fourth Floor Harrisburg, Pennsylvania 17120-0225
RE: MARINO V. KUTZTOWN BOROUGH, DOCKET #AP 2009-0359
Dear Mr. Byerly:
In response to the appeal that you received on the above matter, please find enclosed a copy of a letter dated May 14,2009, from Frank P. Caruso, Director oflnformation Technology, to Blonder Tongue Corporation, showing the expected project dates for the headend update project. Although there is no formal contract with Blonder Tongue Labs, the enclosed copy of the completed bid form submitted by Blonder Tongue Labs shall function as the contract.
By copy of this letter, Mr. Marino has also been provided with these documents. Trusting that this correspondence will satisfy Mr. Marino's Right to Know request and will further serve to close this appeal.
If you have any questions, please do not hesitate to contact me .
Sincerely,
BOROUGH OF KUTZTOWN
Enclosures
cc: Gennaro A. Marino'
Gabriel Khalife Council Members Frank Caruso
Keith Mooney, Esq.
~" . ~
i NV'fv\;lL \'2\C(s
Bonnie Bray
Right-to-Know Officer
Scan of Frank Caruso's Letter to Blonder Tongue Labs Inc.
The Borough of Kutztown
Frank P. Caruso - Director fccaruso@kutztownboro.orq-(610)683.6131 ext 136
INFORMATION TECHNOLOGY
May 14, 2009
Blonder Tongue Corporation Steve Hegge
One Jake Brown Road Old Bridge NJ 08857
Dear Steve:
As a follow-up to our conversations, we anticipate our on-site project start date for installation and testing of our equipment per the BID will begin June 3, 2009, contingent upon the Borough's receipt of the required Bonds as stated below, and completion to be within 30 days. I have confirmed this with Mark and my staff. Mark will schedule the shift times with you.
Your 10% Bid Bond will be returned upon acceptance of the Performance and Payment Bonds in the amount of 100% of the total Bid.
If you have any questions, please call at your convenience.
Sincerely ~CUb~~ Frank P. Caruso
Director of Information Technology The Borough of Kutztown
Frank P. Caruso - Director fccaruso@kutztownboro.orq-(610)683.6131 ext 136
INFORMATION TECHNOLOGY
May 14, 2009
Blonder Tongue Corporation Steve Hegge
One Jake Brown Road Old Bridge NJ 08857
Dear Steve:
As a follow-up to our conversations, we anticipate our on-site project start date for installation and testing of our equipment per the BID will begin June 3, 2009, contingent upon the Borough's receipt of the required Bonds as stated below, and completion to be within 30 days. I have confirmed this with Mark and my staff. Mark will schedule the shift times with you.
Your 10% Bid Bond will be returned upon acceptance of the Performance and Payment Bonds in the amount of 100% of the total Bid.
If you have any questions, please call at your convenience.
Sincerely ~CUb~~ Frank P. Caruso
Director of Information Technology The Borough of Kutztown
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