NEWSLETTER
February 5, 2011
WHY IS THE BOROUGH OF KUTZTOWN WASTING MONEY ON LEGAL FEES AND GOING TO COURT TO KEEP THE RECORDS OF THE TELECOMMUNICATIONS DEPARTMENT FROM BEING MADE PUBLIC???
THE BOROUGH’S ANSWER TO THE COURT IS THE SAME AS THE INFORMATION SENT TO THE OFFICE OF OPEN RECORDS WHICH WAS REJECTED AND A “FINAL DETERMINATION” WAS RENDED IN WHICH THEY STATED THAT THE BOROUGH SHALL ISSUE ME THE FINANCIAL RECORDS OF THE TELECOMMUNICATIONS DEPARTMENT THAT I REQUESTED.
THE RECORDS OF TELECOM THAT I HAVE REQUESTED SHOULD HAVE BEEN PUBLISHED PERIODICALLY FROM ITS INCEPTION IN 2002.
THE BOROUGH DEFINITLY HAS A VERY GOOD REASON TO KEEP THESE RECORDS FROM THE PUBLIC.
I BROUGHT THIS COURT ACTION TO HAVE THE COURT ENFORCE THE OFFICE OF OPEN RECORDS “FINAL DETERMINATION”. THIS ACTION IS BETWEEN THE JUDGE AND THE OFFICE OF OPEN RECORDS
GENNARO A. MARINO P.E.
WWW.MARINOREPORT.COM
Saturday, February 5, 2011
Thursday, February 3, 2011
Court of Common Pleas Mooney reply
February 3, 2011
Gennaro A. Marino P.E.
610-683-7977
kmayor@ptd.net
www.marinoreport.com
Kutztown Mayor Green
Kutztown Borough Council by name Eidle, Seyler, Schlegel, Snyder, Gangewere, Mace
Dear Elected Officials,
Today Thursday just 5 days before the Borough will attend a hearing on the Final Determination of the Office of Open Records I received a copy of a letter from Kutztown Borough to the Court of Common Pleas by Solicitor Mooney requesting the Court of Common Pleas deny my petition for the Final Determination enforcement.
In the Letter Solicitor Mooney states I already have been provided with the information I requested. The Office of Open Records then ruled that the information given me did not satisfy my request and issued the Final Determination to provide me with the financial records of the Telecommunication Department.
You are all aware of the fact that the Borough does not want to make public the finances of Telecommunications which is a violation of the Borough Code. Telecommunications is a business venture, a separate entity, and not a Borough Department as Solicitor Mooney has previously stated.
Revenue and Expenditures from the Telecommunications Department can not be intermingled with any other department or utility of the Borough.
Your scheme to withhold the finances of Telecommunications is an embarrassment to the Borough and the financial records will be made public eventually.
I will present my case in Court Tuesday, February 8, 2011 at 2PM.Thank you.
Sincerely,
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
610-683-7977
kmayor@ptd.net
www.marinoreport.com
Kutztown Mayor Green
Kutztown Borough Council by name Eidle, Seyler, Schlegel, Snyder, Gangewere, Mace
Dear Elected Officials,
Today Thursday just 5 days before the Borough will attend a hearing on the Final Determination of the Office of Open Records I received a copy of a letter from Kutztown Borough to the Court of Common Pleas by Solicitor Mooney requesting the Court of Common Pleas deny my petition for the Final Determination enforcement.
In the Letter Solicitor Mooney states I already have been provided with the information I requested. The Office of Open Records then ruled that the information given me did not satisfy my request and issued the Final Determination to provide me with the financial records of the Telecommunication Department.
You are all aware of the fact that the Borough does not want to make public the finances of Telecommunications which is a violation of the Borough Code. Telecommunications is a business venture, a separate entity, and not a Borough Department as Solicitor Mooney has previously stated.
Revenue and Expenditures from the Telecommunications Department can not be intermingled with any other department or utility of the Borough.
Your scheme to withhold the finances of Telecommunications is an embarrassment to the Borough and the financial records will be made public eventually.
I will present my case in Court Tuesday, February 8, 2011 at 2PM.Thank you.
Sincerely,
Gennaro A. Marino P.E.
Saturday, January 29, 2011
Court of Comm. Pleas- Council 1-29-11
January 29, 2011
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Mayor Green
Kutztown Borough Council
In my post of January 13, 2011 I accused all of you and others of conspiring to keep all financial records and statistics of Telecommunications from being made public. My last post of January 20, 2011 is a scan of the Court of Common Pleas order for you, the Borough of Kutztown, to appear and hear the Court enforce the Final Determination of the Pennsylvania Office of Open Records.
As of this day I have not received a reply or comment from my many letters to you or my requests to the Office of Open Records with which I have copied you. Rumor has it that the Borough Solicitor told you not to answer my letters.
I would like to remind you that no financial reports exist on Telecom. There has never been any type of financial report published on Telecommunications since its inception in 2002.
Solicitor Mooney already has presented your case and the Pennsylvania Office of Open Records has decided the Borough should produce the records requested.
I hope to see all of you and your supporters in Court Tuesday February 8, 2011 at 2PM.
Sincerely,
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Mayor Green
Kutztown Borough Council
In my post of January 13, 2011 I accused all of you and others of conspiring to keep all financial records and statistics of Telecommunications from being made public. My last post of January 20, 2011 is a scan of the Court of Common Pleas order for you, the Borough of Kutztown, to appear and hear the Court enforce the Final Determination of the Pennsylvania Office of Open Records.
As of this day I have not received a reply or comment from my many letters to you or my requests to the Office of Open Records with which I have copied you. Rumor has it that the Borough Solicitor told you not to answer my letters.
I would like to remind you that no financial reports exist on Telecom. There has never been any type of financial report published on Telecommunications since its inception in 2002.
Solicitor Mooney already has presented your case and the Pennsylvania Office of Open Records has decided the Borough should produce the records requested.
I hope to see all of you and your supporters in Court Tuesday February 8, 2011 at 2PM.
Sincerely,
Gennaro A. Marino P.E.
Monday, January 24, 2011
Court of Common Pleas 2-8-11
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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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
;:;I
I'.) xxx ::v
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2::D
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..
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.
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