GENNARO A. MARINO,
Plaintiff
v.
BOROUGH OF KUTZTOWN,
Defendant
ORDER
IN THE COURT OF COMMON PLEAS
OF BERKS COUNTY, PENNSYLVANIA
CIVIL DIVISION
NO. 10-23778
JEFFREY L. SCHMEHL, P .J ..
AND NOW, this 10TH day of January, 2011, upon consideration of
Plaintiff's Petition to Enforce Final Determination,
IT IS HEREBY ORDERED that an Argument is scheduled for Tuesday.
February 8, 2011, at 2:00 p.m., in Courtroom 7B, Seventh Floor, Berks County
Courthouse, Reading, Pennsylvania.
Certified Distribution:
Gennaro A. Marino, SRL
Borough of Kutztown
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Monday, January 24, 2011
Thursday, January 20, 2011
Sewer Plant update 1-20-11
January 20, 2011
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Kutztown Borough Council
Kutztown Borough Hall
Gentlemen,
The article in today’s Reading Eagle about the $5.5 million Kutztown Sewage Treatment Plant update by Ron Devlin was very informative. Councilman Schlegel stated he wants to be up front and that water and sewer rates will be increased. He stated he did not know how much the increase would be because it hasn’t been bid. The real reason he does not know the rate increase is because he and the rest of the Council have not figured out where the funds will come from. You all vote for the $5.5 million project without having any idea where the money will come from or how it will be raised. The Borough does not have any funds in reserve or funds set aside for such a disaster or for an electrical department transformer burnout. Councilman Schlegel if you inform Spotts Stevens & McCoy of the type of financing for the project they can estimate the rate increase based on the $5.5 million construction estimate.
The Borough has never set aside funds for any type of utility breakdown or any unforeseen emergency. Councilman Schlegel, you made sure the article stated that part of the update was mandated by the State Department of Environmental Protection. Let’s face it funds should also have been set aside for new DEP updates.
What you didn’t say was the Borough debt is presently about $13 million and the annual debt payment is about $1.2 million a year.( about $25,000 a week) If the Borough borrows $5.5 million at the same rate of the present debt the annual payment for the $5.5 million will be about $500,000 a year. (a little less than $10,000 a week) The borough debt will be about $18.5 million? The Borough debt will just about be equal to the Borough Budget and if the debt payment were paid weekly the payment would be about $35,000 a week.
Please note this is grade school arithmetic, and you, the Borough Council, have created this financial disaster and better find a way to resolve it.
You can apply for grants from the state. Please keep the public up front on how you propose to finance this project. Thank you.
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Kutztown Borough Council
Kutztown Borough Hall
Gentlemen,
The article in today’s Reading Eagle about the $5.5 million Kutztown Sewage Treatment Plant update by Ron Devlin was very informative. Councilman Schlegel stated he wants to be up front and that water and sewer rates will be increased. He stated he did not know how much the increase would be because it hasn’t been bid. The real reason he does not know the rate increase is because he and the rest of the Council have not figured out where the funds will come from. You all vote for the $5.5 million project without having any idea where the money will come from or how it will be raised. The Borough does not have any funds in reserve or funds set aside for such a disaster or for an electrical department transformer burnout. Councilman Schlegel if you inform Spotts Stevens & McCoy of the type of financing for the project they can estimate the rate increase based on the $5.5 million construction estimate.
The Borough has never set aside funds for any type of utility breakdown or any unforeseen emergency. Councilman Schlegel, you made sure the article stated that part of the update was mandated by the State Department of Environmental Protection. Let’s face it funds should also have been set aside for new DEP updates.
What you didn’t say was the Borough debt is presently about $13 million and the annual debt payment is about $1.2 million a year.( about $25,000 a week) If the Borough borrows $5.5 million at the same rate of the present debt the annual payment for the $5.5 million will be about $500,000 a year. (a little less than $10,000 a week) The borough debt will be about $18.5 million? The Borough debt will just about be equal to the Borough Budget and if the debt payment were paid weekly the payment would be about $35,000 a week.
Please note this is grade school arithmetic, and you, the Borough Council, have created this financial disaster and better find a way to resolve it.
You can apply for grants from the state. Please keep the public up front on how you propose to finance this project. Thank you.
Gennaro A. Marino P.E.
Thursday, January 13, 2011
Telecom Right to Know 1-12-11
January 12, 2011
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
kmayor@ptd.net
Kutztown Mayor Green
Kutztown Borough Council
Kutztown Telecom Advisory Commission
Kutztown Borough Manager\ Treasurer\RTK Officer Khalife
Kutztown Information Technology Director Caruso
Kutztown Borough Solicitor Keith Mooney\Barley Snyder
Kutztown Independent Auditor Long & Barrell
Ladies and Gentlemen,
You are all involved in a scheme to keep all financial records and statistics of Telecom from the public. You are also defying the Final Determination of the Pennsylvania Office of Open Records which orders you to publish the financial records of Telecom for 2008 and 2009 plus additional information. You are all guilty of violating the Commonwealth Right to Know Law. I am in the process of getting the Court of Common Pleas to enforce the Order.
I notice you call meetings, put out bids for new equipment, retain marketing specialists, make new policies and invest more funds in Telecom without ever seeing a financial report on this business venture. You are also aware of Solicitor Mooney’s letter to the Office of Open Records where he stated Telecom was a department of the Borough as is the water, sewer and electric. That is an out and out lie. Telecom is a business venture, and not a utility, that can generate a profit or incur a loss. In this same letter Counselor Mooney also states it would be a herculean task for the Borough to list all the expenditures for Telecom for 2008 and 2009 for Mr. Marino. You all know that revenues and expenditures in all businesses are totaled periodically and at the end of the year. Therefore the expenditures do not have to be totaled for me, they should exist.
My opinion is that Telecom loses about $1 million a year and has lost $1 million a year since its inception in 2002. The facts are that the Borough Debt is $13 million and if the loan was paid weekly the payment would be about $25,000 a week
You keep spending more and more money every year and continue to raise all the Borough utility rates, fees and permits. The latest was the electricity rate which was raised 6.5% and Council President Eidle stated the raise was due to the increased cost of electricity. Then he states 3% of the increase would go into the General Fund. Before the rate increase the Borough’s electricity rate was about double the rate of the surrounding area.
My opinion is that the Borough is defying the Order of the Office of Open Records because the budget is falsified and the Borough publishes fraudulent financial reports. Revenue and expenditures from the General Fund and the utilities are illegally totaled together with Telecom to mask the losses of Telecom Department.
I am sure the Court of Common Pleas will prevail and you will have to publish the records. Remember I requested information that should have been published periodically legally not records that are not required to be made public.
It is time for you all to explain to the Borough residents what you are doing. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
kmayor@ptd.net
Kutztown Mayor Green
Kutztown Borough Council
Kutztown Telecom Advisory Commission
Kutztown Borough Manager\ Treasurer\RTK Officer Khalife
Kutztown Information Technology Director Caruso
Kutztown Borough Solicitor Keith Mooney\Barley Snyder
Kutztown Independent Auditor Long & Barrell
Ladies and Gentlemen,
You are all involved in a scheme to keep all financial records and statistics of Telecom from the public. You are also defying the Final Determination of the Pennsylvania Office of Open Records which orders you to publish the financial records of Telecom for 2008 and 2009 plus additional information. You are all guilty of violating the Commonwealth Right to Know Law. I am in the process of getting the Court of Common Pleas to enforce the Order.
I notice you call meetings, put out bids for new equipment, retain marketing specialists, make new policies and invest more funds in Telecom without ever seeing a financial report on this business venture. You are also aware of Solicitor Mooney’s letter to the Office of Open Records where he stated Telecom was a department of the Borough as is the water, sewer and electric. That is an out and out lie. Telecom is a business venture, and not a utility, that can generate a profit or incur a loss. In this same letter Counselor Mooney also states it would be a herculean task for the Borough to list all the expenditures for Telecom for 2008 and 2009 for Mr. Marino. You all know that revenues and expenditures in all businesses are totaled periodically and at the end of the year. Therefore the expenditures do not have to be totaled for me, they should exist.
My opinion is that Telecom loses about $1 million a year and has lost $1 million a year since its inception in 2002. The facts are that the Borough Debt is $13 million and if the loan was paid weekly the payment would be about $25,000 a week
You keep spending more and more money every year and continue to raise all the Borough utility rates, fees and permits. The latest was the electricity rate which was raised 6.5% and Council President Eidle stated the raise was due to the increased cost of electricity. Then he states 3% of the increase would go into the General Fund. Before the rate increase the Borough’s electricity rate was about double the rate of the surrounding area.
My opinion is that the Borough is defying the Order of the Office of Open Records because the budget is falsified and the Borough publishes fraudulent financial reports. Revenue and expenditures from the General Fund and the utilities are illegally totaled together with Telecom to mask the losses of Telecom Department.
I am sure the Court of Common Pleas will prevail and you will have to publish the records. Remember I requested information that should have been published periodically legally not records that are not required to be made public.
It is time for you all to explain to the Borough residents what you are doing. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Monday, December 27, 2010
Eidle letter 12-27-10
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.
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.
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
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