December 27, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
kmayor@ptd.net
marinoreport.com
Kutztown Council President Eidle
Kutztown Borough Hall
Dear Council President,
On December 23, 2010 a Reading Eagle article announced a 6.5% increase in our electricity rates and you stated in the article that it was because of the increased cost of delivery and then you state that 3% of it was going into the General Fund. I am sure the revenue from the 3% increase will find its way into the Telecommunications Department which loses about $1 million a year.
Speaking of Telecom, under your leadership the Borough has refused to give me Telecom financial reports for 2008 and 2009 as ordered in the Final Determination by the Office of Open Records. In refusing my request Solicitor Mooney stated it would be onerous and a herculean task to list each and every expenditure in my request for 2008 and 2009 audits or budgets. President Eidle, you and Solicitor Mooney know, by law, that all revenues and expenditures should have been listed and totaled out in their annual reports, ask your independent auditor Long & Barrell.
Then you quietly conduct Budget meetings on Sunday morning at 8 am and hope the public will not attend. In fact the budget wasn’t important enough for you to attend. The meeting was opened at 8 am and was adjourned at 1:30 pm. 51\2 hours and there only about 2 pages, double spaced, for the meeting minutes.
I also asked the Borough about the retirement of Secretary Bray and was told she received a sizeable amount of settlement money from the Borough and there was no wrongdoing by the Borough. I asked for further information of the details of the case and was told by the Borough all the information was not published because it was covered by lawyer- client privilege. There has to be a very good reason she received the settlement and it should be made public.
To sum up it is about time you realized that you are a public servant and are obligated to update all Borough finances and activities to the public.
The public should know the amount of revenue that will be raised with the 6.5% electric rate increase. The public should also be told why the Borough will not abide by the Office of Open Records Final Determination to make the finances of Telecom public and the Borough Secretary’s retirement should also be discussed publicly.
Sincerely,
Gennaro A. Marino P.E.
Monday, December 27, 2010
Tuesday, December 7, 2010
TAC Letter 12-6-10
December 6, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Telecom Advisory Commission
Dear TAC Members,
I saw in the minutes of your meeting that the Borough was going to read one of my letters to the Borough so I am taking the liberty of enclosing some of my correspondence about Telecom. The Borough has NEVER published any financial report, budget or audit on the Telecommunications department since its inception in 2002. Telecom has never had a marketing firm.
I requested statistics for Telecom for 2008 and 2009 and paid for 24 pages of statistics with revenue amounts blotted out and have enclosed a copy of a page for you to see the arrogance and ignorance of the Borough when it comes to he finances of Telecom.
I have NEVER received a reply from the Borough when I stated Telecom loses $ 1 million a year, that the Borough was illegally moving revenue into Telecom from other Borough Departments by gimmicks such as services, rents etc. and falsifying its financial records.
I also saw in your meeting minutes you ask who is in charge of Telecom and what is the chain of commands. It is strange that after 8 years you do not know who directs Telecom.
There are many more questions you should ask of the Borough. How can you advise the Borough on Telecom without a financial report?
I can back up all my statements and the Borough residents should have the financial records of Telecom which is a business venture.
Feel free to contact me at any time. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Telecom Advisory Commission
Dear TAC Members,
I saw in the minutes of your meeting that the Borough was going to read one of my letters to the Borough so I am taking the liberty of enclosing some of my correspondence about Telecom. The Borough has NEVER published any financial report, budget or audit on the Telecommunications department since its inception in 2002. Telecom has never had a marketing firm.
I requested statistics for Telecom for 2008 and 2009 and paid for 24 pages of statistics with revenue amounts blotted out and have enclosed a copy of a page for you to see the arrogance and ignorance of the Borough when it comes to he finances of Telecom.
I have NEVER received a reply from the Borough when I stated Telecom loses $ 1 million a year, that the Borough was illegally moving revenue into Telecom from other Borough Departments by gimmicks such as services, rents etc. and falsifying its financial records.
I also saw in your meeting minutes you ask who is in charge of Telecom and what is the chain of commands. It is strange that after 8 years you do not know who directs Telecom.
There are many more questions you should ask of the Borough. How can you advise the Borough on Telecom without a financial report?
I can back up all my statements and the Borough residents should have the financial records of Telecom which is a business venture.
Feel free to contact me at any time. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Friday, December 3, 2010
RTK Glinn 12-3-10
December 3, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-83-7977
Lucinda Glinn, Appeals Officer
Pennsylvania Office of Open Records
Commonwealth Keystone Building
400 North Street 4th Floor
Harrisburg, Pa 17120
Re: 2010-0899 Marino v, Kutztown Borough
Madam Appeals Officer:
The FINAL DETERMINATION of the above cited case dated October 25, 2010 states in its CONCLUSION that within thirty (30) days the Borough is required to disclose all records responsive to parts 1, 4 and 5 within its possession, custody or control. It also states, This Final determination is binding on the parties.
As of today, thirty-nine (39) days after the October 25, 2010 notification date set by you, I have not received a Borough Appeal from you or any type of response from the Borough.
This clearly demonstrates the Borough’s defiance, arrogance and unwillingness to make the financial records of Telecommunications public. The Borough never stated they were not public records or that the public was not entitled to see them.
Mayor Green, the Borough Council, Borough Solicitor Keith Mooney and Borough Manager \ Right to Know Officer Khalife are all personally aware of and responsible for this illegal situation.
Thank you.
Sincerely,
cc: Kutztown Borough Council
Mayor Green Gennaro A. Marino P.E.
RTK Officer Khalife
Borough Solicitor Keith Mooney
Borough Employees
Telecom Advisory Commission
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-83-7977
Lucinda Glinn, Appeals Officer
Pennsylvania Office of Open Records
Commonwealth Keystone Building
400 North Street 4th Floor
Harrisburg, Pa 17120
Re: 2010-0899 Marino v, Kutztown Borough
Madam Appeals Officer:
The FINAL DETERMINATION of the above cited case dated October 25, 2010 states in its CONCLUSION that within thirty (30) days the Borough is required to disclose all records responsive to parts 1, 4 and 5 within its possession, custody or control. It also states, This Final determination is binding on the parties.
As of today, thirty-nine (39) days after the October 25, 2010 notification date set by you, I have not received a Borough Appeal from you or any type of response from the Borough.
This clearly demonstrates the Borough’s defiance, arrogance and unwillingness to make the financial records of Telecommunications public. The Borough never stated they were not public records or that the public was not entitled to see them.
Mayor Green, the Borough Council, Borough Solicitor Keith Mooney and Borough Manager \ Right to Know Officer Khalife are all personally aware of and responsible for this illegal situation.
Thank you.
Sincerely,
cc: Kutztown Borough Council
Mayor Green Gennaro A. Marino P.E.
RTK Officer Khalife
Borough Solicitor Keith Mooney
Borough Employees
Telecom Advisory Commission
Wednesday, November 24, 2010
Att. Gen. Corbett 11-22-10
November 22, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Pennsylvania Office of Attorney General
16th Floor Strawberry Square
Harrisburg, Pa 17120
Attorney General Corbett
Dear Sir:
Congratulations on being elected Governor of Pennsylvania. I voted for you. Good Luck and success in your new undertaking. I have confidence that you will take care of us.
I have written you September 24, 2010 and October 8, 2010 about the irregular and illegal activities of the Borough of Kutztown in the operation of the Borough’s Telecommunications Department. I have not received a reply or an acknowledgement to either correspondence.
I would like to keep you abreast of the continuing misrepresentation of and the finances of the Telecom Department. In a letter from Borough Solicitor Keith Mooney to the Office of Open Records (attached) dated October 11,2010 he states, I quote, “The Telecom entity is not a separate entity and is a department of the Borough as is the water department, the sewer department and the electric department.” The truth is the Telecom Dept. is a Business Venture and is separate from the Borough Utilities because it can incur a loss or generate a profit.
In my Right to Know Request I asked to see the finances of Telecom and Solicitor Mooney states in the same letter and I quote, “If the Borough must provide an accounting for the receipt of and the expenditure of each of the $2,000,000 involved for calendar year of 2008 and similarly do so for the calendar 2009, the request would seem to be onerous and require a herculean task on the Borough to account for each and every expenditure made from the telecommunications fund.” This statement by Borough Solicitor Keith Mooney is proof that the Borough has no financial records for Telecom, a Business Venture. All businesses record all expenditures and revenue at the end of their fiscal year and can be easily printed for any resident’s request.
Put the above actions with my previous complaints and it is clear that the Borough’s elected officials, Some appointed Borough employees and Solicitor Mooney are deceitful and do not want to make the finances of Telecom public as set forth in a Hometown Utilicom Annual Report by former Borough Manager Jaymes Vettraino dated August 1, 2003 (attached). I believe this is also a Borough Code violation. In fact there has never been a financial report on the Telecom Dept. since its inception in 2002. I also believe Telecom loses about $1,000,000 a year.
Please look into my complaints on behalf of the Borough residents. Thank you.
Sincerely,
Gennaro A. Marin P.E.
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Pennsylvania Office of Attorney General
16th Floor Strawberry Square
Harrisburg, Pa 17120
Attorney General Corbett
Dear Sir:
Congratulations on being elected Governor of Pennsylvania. I voted for you. Good Luck and success in your new undertaking. I have confidence that you will take care of us.
I have written you September 24, 2010 and October 8, 2010 about the irregular and illegal activities of the Borough of Kutztown in the operation of the Borough’s Telecommunications Department. I have not received a reply or an acknowledgement to either correspondence.
I would like to keep you abreast of the continuing misrepresentation of and the finances of the Telecom Department. In a letter from Borough Solicitor Keith Mooney to the Office of Open Records (attached) dated October 11,2010 he states, I quote, “The Telecom entity is not a separate entity and is a department of the Borough as is the water department, the sewer department and the electric department.” The truth is the Telecom Dept. is a Business Venture and is separate from the Borough Utilities because it can incur a loss or generate a profit.
In my Right to Know Request I asked to see the finances of Telecom and Solicitor Mooney states in the same letter and I quote, “If the Borough must provide an accounting for the receipt of and the expenditure of each of the $2,000,000 involved for calendar year of 2008 and similarly do so for the calendar 2009, the request would seem to be onerous and require a herculean task on the Borough to account for each and every expenditure made from the telecommunications fund.” This statement by Borough Solicitor Keith Mooney is proof that the Borough has no financial records for Telecom, a Business Venture. All businesses record all expenditures and revenue at the end of their fiscal year and can be easily printed for any resident’s request.
Put the above actions with my previous complaints and it is clear that the Borough’s elected officials, Some appointed Borough employees and Solicitor Mooney are deceitful and do not want to make the finances of Telecom public as set forth in a Hometown Utilicom Annual Report by former Borough Manager Jaymes Vettraino dated August 1, 2003 (attached). I believe this is also a Borough Code violation. In fact there has never been a financial report on the Telecom Dept. since its inception in 2002. I also believe Telecom loses about $1,000,000 a year.
Please look into my complaints on behalf of the Borough residents. Thank you.
Sincerely,
Gennaro A. Marin P.E.
Wednesday, November 17, 2010
Bray Retirement 11-15-10
Open Letter to Elected Officials 11-15-10 November 15, 2010
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Kutztown Mayor Green &
Kutztown Borough Council
Dear Elected Officials,
Today I made a Right to Know Request concerning the details of the retirement of Borough Secretary Bonnie Bray. Secretary Bray left very quietly, no one was aware of it and no one is allowed to speak about it. You all know that this is public information. Why is her resignation a secret, and what deals, if any were made? Actually where is it noted that you have the authority to make secret deals and keep them from the residents. I believe this was all done illegally with the approval of Borough Solicitor Mooney.
Speaking of Borough Solicitor Mooney of Barley Snyder LLC, he is currently defending the Borough in denying my Right to Know Request asking for the finances of the Telecom Department. In his letter to the Office of Open Records dated October 11, 2010 he states and I quote,”you have asked that I explain the relationship between the Borough and the Telecom entity. The Telecom entity is not a separate entity and is a department of the borough as is the water department, the sewer department and the electric department”. The fact is Telecom is not a department as he states but is a Business Venture that can make a profit or incur a loss and it was sold to the residents of the Borough as a future big money maker by former Borough Manager Keith Hill, President Malcolm Eidle, past Presidents Jan Crooker, Carl Mantz, Eric Eely, Information Technology Director Frank Caruso, Former Borough Manager Jaymes Vettraino and others. In fact Mr. Vettraino states in his Hometown Utilicom Annual Report dated August 1, 2003 that Fiber To The Home is a government venture whereby its financial information should be reported to the citizens of the Borough. He also states it is our belief that the public should be provided with updates on major government projects on a timely basis and in a concise format. He goes on to say it is appropriate to measure the progress of the project against presentations and projections that were previously made.
Counselor Keith Mooney states my requests were vague and incomplete, if the Borough followed the procedure as outlined above by Mr. Vettraino I wouldn’t have to make requests. The finances would have been made public periodically. All of you have short memories. The above report by Mr. Vettraino was hand delivered by me to the Borough Hall for you with my letter dated November 3, 2010.
I would like to inform Solicitor Mooney and you seven that to get an annual report on any firm on the stock exchange all you have to do is call any brokerage house and say you are interested in a certain company and you will receive an annual report and spread sheet with all the facts such as profits, losses and earnings for the past few years and forecasts for the next few years. They are happy to provide the report.
You have appointed a Telecom Advisory Commission and you have not given them a financial report because I believe there are no financial reports. It is verified by Solicitor Mooney’s letter where he states my request would seem to be onerous and require a herculean task on the borough to account for each and every expenditure made from the telecommunication fund. To me this shows the Borough does not have the total expenditures totaled out because funds are intertwined illegally with other Borough Departments.
To sum up, the situation is that the Borough has never published and has no intentions of publishing a financial report on Telecom because it loses money and has lost money for all the years since its inception in 2002 and does not want the public to know. I demand you publish a financial report on Telecom for the residents of the Borough.
Sincerely,
cc: The Public
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Kutztown Mayor Green &
Kutztown Borough Council
Dear Elected Officials,
Today I made a Right to Know Request concerning the details of the retirement of Borough Secretary Bonnie Bray. Secretary Bray left very quietly, no one was aware of it and no one is allowed to speak about it. You all know that this is public information. Why is her resignation a secret, and what deals, if any were made? Actually where is it noted that you have the authority to make secret deals and keep them from the residents. I believe this was all done illegally with the approval of Borough Solicitor Mooney.
Speaking of Borough Solicitor Mooney of Barley Snyder LLC, he is currently defending the Borough in denying my Right to Know Request asking for the finances of the Telecom Department. In his letter to the Office of Open Records dated October 11, 2010 he states and I quote,”you have asked that I explain the relationship between the Borough and the Telecom entity. The Telecom entity is not a separate entity and is a department of the borough as is the water department, the sewer department and the electric department”. The fact is Telecom is not a department as he states but is a Business Venture that can make a profit or incur a loss and it was sold to the residents of the Borough as a future big money maker by former Borough Manager Keith Hill, President Malcolm Eidle, past Presidents Jan Crooker, Carl Mantz, Eric Eely, Information Technology Director Frank Caruso, Former Borough Manager Jaymes Vettraino and others. In fact Mr. Vettraino states in his Hometown Utilicom Annual Report dated August 1, 2003 that Fiber To The Home is a government venture whereby its financial information should be reported to the citizens of the Borough. He also states it is our belief that the public should be provided with updates on major government projects on a timely basis and in a concise format. He goes on to say it is appropriate to measure the progress of the project against presentations and projections that were previously made.
Counselor Keith Mooney states my requests were vague and incomplete, if the Borough followed the procedure as outlined above by Mr. Vettraino I wouldn’t have to make requests. The finances would have been made public periodically. All of you have short memories. The above report by Mr. Vettraino was hand delivered by me to the Borough Hall for you with my letter dated November 3, 2010.
I would like to inform Solicitor Mooney and you seven that to get an annual report on any firm on the stock exchange all you have to do is call any brokerage house and say you are interested in a certain company and you will receive an annual report and spread sheet with all the facts such as profits, losses and earnings for the past few years and forecasts for the next few years. They are happy to provide the report.
You have appointed a Telecom Advisory Commission and you have not given them a financial report because I believe there are no financial reports. It is verified by Solicitor Mooney’s letter where he states my request would seem to be onerous and require a herculean task on the borough to account for each and every expenditure made from the telecommunication fund. To me this shows the Borough does not have the total expenditures totaled out because funds are intertwined illegally with other Borough Departments.
To sum up, the situation is that the Borough has never published and has no intentions of publishing a financial report on Telecom because it loses money and has lost money for all the years since its inception in 2002 and does not want the public to know. I demand you publish a financial report on Telecom for the residents of the Borough.
Sincerely,
cc: The Public
Gennaro A. Marino P.E.
Tuesday, November 16, 2010
Bray RTK Request 11-15-10
Right to Know Request
re: Secretary Bonnie Bray’s Retirement, dated November 15, 2010
(1) I would like to see all correspondence and documents between the Borough of Kutztown and Secretary Bray pertaining to her retirement and the financial settlement she received from the Borough. This should include all documentation of the amount of all funds she received from the Borough.
(2) I would like to see all correspondence and documents between the Borough of Kutztown and the Borough’s Insurance Company pertaining to the retirement and the settlement she received from the Borough. This should include all details and documentation of the amount of funds she received from the Borough’s insurance firm.
(3) I would like to see the minutes of the Borough Council Meeting in which Secretary Bonnie Bray’s retirement and settlement were discussed and voted on.
(4) I would like to see the documents and date of her retiring and any documentation of the public announcement of her departure.
Thank you.
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
re: Secretary Bonnie Bray’s Retirement, dated November 15, 2010
(1) I would like to see all correspondence and documents between the Borough of Kutztown and Secretary Bray pertaining to her retirement and the financial settlement she received from the Borough. This should include all documentation of the amount of all funds she received from the Borough.
(2) I would like to see all correspondence and documents between the Borough of Kutztown and the Borough’s Insurance Company pertaining to the retirement and the settlement she received from the Borough. This should include all details and documentation of the amount of funds she received from the Borough’s insurance firm.
(3) I would like to see the minutes of the Borough Council Meeting in which Secretary Bonnie Bray’s retirement and settlement were discussed and voted on.
(4) I would like to see the documents and date of her retiring and any documentation of the public announcement of her departure.
Thank you.
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Saturday, November 6, 2010
RTK letter to council 11-3-10
November 3, 2010
Gennaro A. Marino P.E.
409 West Main St.
Kutztown, Pa 19530
610-683-7977
Kutztown Borough Council &
Mayor Green
45 Railroad Street
Kutztown, Pa 19530
Dear Elected Officials,
Under the Right to Know Law I have requested some Borough financial records and documents from the Telecom Department and under your supervision and direction Borough Solicitor Keith Mooney is offering many lame excuses not to let me have them. All the financial records of Telecom are public records and should be published periodically according to the Borough Code and I should not have to request them. Attached please find a Hometown Utilicom Annual Report dated August 1, 2003 by then Borough Manager Jaymes Vettraino which clearly states the public should be provided with updates on a timely basis and in a concise format. It also states it is appropriate to measure the progress of the project against presentations and projections that were previously made. He goes on to say FTTH is a government venture whereby its financial information should be reported to the citizens of the Borough.
The 5th paragraph states and I quote, “IT IS THE RESPONSIBILITY OF THE APPOINTED AND ELECTED OFFICIALS, WITH CONSTANT INPUT FROM THE COMMUNITY, TO GUIDE THE FUTURE OF THIS PROJECT TO PROVIDE THE UTMOST BENEFIT TO THE BOROUGH OF KUTZTOWN”.
There has never been a financial report on Telecom and this report in paragraph 3 states, “The financial statements presented in this report are unaudited and composed by the Borough staff”.
I think you all should start reading the Borough Reports because the last paragraph states, “As always, if you have any questions about this report or questions about any of the Borough operations, please do not hesitate to contact the Borough”. Sincerely, Jaymes Vettraino, Borough Manager.
It is a disgrace and a waste of tax payer’s money to direct and pay Borough Solicitor Mooney of the Barley Snyder Law Firm to help you violate a Borough Policy that was approved by you.
I would appreciate a response to this letter. Thank you.
Sincerely,
Gennaro A. Marino P.E.
cc: Telecom Advisory Commission
Gennaro A. Marino P.E.
409 West Main St.
Kutztown, Pa 19530
610-683-7977
Kutztown Borough Council &
Mayor Green
45 Railroad Street
Kutztown, Pa 19530
Dear Elected Officials,
Under the Right to Know Law I have requested some Borough financial records and documents from the Telecom Department and under your supervision and direction Borough Solicitor Keith Mooney is offering many lame excuses not to let me have them. All the financial records of Telecom are public records and should be published periodically according to the Borough Code and I should not have to request them. Attached please find a Hometown Utilicom Annual Report dated August 1, 2003 by then Borough Manager Jaymes Vettraino which clearly states the public should be provided with updates on a timely basis and in a concise format. It also states it is appropriate to measure the progress of the project against presentations and projections that were previously made. He goes on to say FTTH is a government venture whereby its financial information should be reported to the citizens of the Borough.
The 5th paragraph states and I quote, “IT IS THE RESPONSIBILITY OF THE APPOINTED AND ELECTED OFFICIALS, WITH CONSTANT INPUT FROM THE COMMUNITY, TO GUIDE THE FUTURE OF THIS PROJECT TO PROVIDE THE UTMOST BENEFIT TO THE BOROUGH OF KUTZTOWN”.
There has never been a financial report on Telecom and this report in paragraph 3 states, “The financial statements presented in this report are unaudited and composed by the Borough staff”.
I think you all should start reading the Borough Reports because the last paragraph states, “As always, if you have any questions about this report or questions about any of the Borough operations, please do not hesitate to contact the Borough”. Sincerely, Jaymes Vettraino, Borough Manager.
It is a disgrace and a waste of tax payer’s money to direct and pay Borough Solicitor Mooney of the Barley Snyder Law Firm to help you violate a Borough Policy that was approved by you.
I would appreciate a response to this letter. Thank you.
Sincerely,
Gennaro A. Marino P.E.
cc: Telecom Advisory Commission
Subscribe to:
Posts (Atom)
Posts
