February 14, 2011
Gennaro A. MarinoP.E.
www.marinoreport.com
Kmayor@ptd.net
Mayor Sandy Green
Kutztown Borough Council
Dear Elected Officials,
At the Court of Common Pleas February 8, 2011 Hearing Solicitor Mooney stated anyone who would like to see the financial status of the Telecommunications should go to the Borough’s Mandatory Annual Audit and figure the profit or loss by totaling the revenue and expenditures of Telecom. He stated that is all anyone needs to see the finances of Telecom. That is how municipalities provide financial records and budget.
If you go to the Borough’s website and click on Finance, then click on Cable Franchise Agreement with Service Electric 2010. You will see;
Page 5 Para. 2.3 QUARTERLY PAYMENTS. Each franchise fee payment shall be accompanied by a written report containing an accurate statement of the applicable Service Electric’s Gross Revenues received for Cable Services for the quarter in connection with the operation of Service Electric’s Cable System and a brief report showing the basis for computation of fees. The report shall contain a line item for every applicable source of revenue received from each applicable source. The report shall be verified by a financial representative of Service Electric.
Page 6 Para. 2.4 (a) AUDITS. On an annual basis, upon thirty (30) days prior written notice to Service Electric, the Municipality shall have the right to conduct an independent audit or franchise fee revenue of Service Electric’s records reasonably related to the sources, amounts and computation of Gross Revenues in accordance with Generally Accepted Accounting Principles. Such Financial records shall be kept or made available to the Municipality at the local notice location for Service Electric specified in Section 13.3 below. The municipality and its representatives reviewing Service Electric’s financial records shall take reasonable and prudent steps to comply with all Applicable Law governing subscriber privacy and confidentiality of personally identifiably information.
Page 6 Para. 2.4 (c) AUDITS. The Municipality’s right to audit and Service Electric’s obligation to retain financial records related to franchise fee audit shall expire four (4) years after each franchise fee payment has been made to the Municipality, after which period any such payment shall be considered final.
It seems like you and Solicitor Mooney know the proper scheme to incorporate the Right to Know Law into your agreement with Service Electric.
This agreement with Service Electric justifies my Right to Know Request and confirms the Final Decision of the Office of Open Records. This proves you and Solicitor Mooney know what a financial report is and in Court all Solicitor Mooney offered me was the Borough’s mandatory Annual Audit for the financial records of Telecom.
Solicitor Mooney did not fully address the part of the Office of Open Records Final Determination decision that the Borough shall give me financial records of revenue from outside the Borough and the Resolution or Ordinance that states when the Borough Council voted to charge Electric customers the revenue that was originally a statement of minimum charge.
You will have to address this situation sooner or later.
Sincerely,
Gennaro A. Marino P.E.
cc; Judge Jeffrey L. Schmehl
Kutztown Solicitor Mooney
Pennsylvania Office of Open Records
The Reading Eagle
Monday, February 14, 2011
Thursday, February 10, 2011
Court Of Common pleas 2-10-11
February 10, 2011
Gennaro A. Marino P.E.
kmayor@ptd.net
www.marinoreport.com
Kutztown Mayor Sandy Green
Kutztown Borough Council
Dear Elected Officials.
I did not see any of you in the Court of Common Pleas February 8, 2011 when I petitioned the Court to enforce the Office of Open Records Final Determination. But you sent Borough Solicitor Keith Mooney with your feeble and lame excuses which were the same feeble and lame as excuses he presented to the Office of Open Records which they rejected.
You are violating the Borough’s Right to Know Ordinance No. 16-2008 of which states under SECTION 3, Section 170-1D FINANCIAL RECORDS are described as;
1. Any account, voucher or contract dealing with a receipt or disbursement of funds by the Borough or the Borough’s acquisition, use or disposal of services, supplies, materials, equipment or property.
2. A financial audit report performed on behalf of the borough, however, this term does not include the work papers underlying the audit.
The above two paragraphs confirm that the Borough should fulfill my Right to Know Request.
I would also like to point out that the Borough Code states Service Electric, the Borough’s cableTV, internet and telephone provider, for the purposes of administering this ordinance shall;
A230-11 RECORD KEEPING, COMPANY OFFICE
A. Keep and render its books and records in a manner which will permit the drawing off of a detailed financial statement therefrom clearly disclosing the amount of rentals received by the company arriving at the determination of the gross receipts rentals as heretofore set forth.
Why don’t you follow Borough Code (above) that you legislated for Service Electric Cable. This also demonstrates you know the law and are knowingly and deliberately violating the Borough Code.
You have arrogantly decided to violate the Borough Code and a Borough Ordinance to keep the true financial status of the Telecommunications Department from the public.
There is no way that you will legally keep these financial records from the public.
Sincerely,
Gennaro A. Marino P.E.
cc: Judge Jeffrey L. Schmehl
Kutztown Solicitor Mooney
The Office of Open Records
The Reading Eagle
Gennaro A. Marino P.E.
kmayor@ptd.net
www.marinoreport.com
Kutztown Mayor Sandy Green
Kutztown Borough Council
Dear Elected Officials.
I did not see any of you in the Court of Common Pleas February 8, 2011 when I petitioned the Court to enforce the Office of Open Records Final Determination. But you sent Borough Solicitor Keith Mooney with your feeble and lame excuses which were the same feeble and lame as excuses he presented to the Office of Open Records which they rejected.
You are violating the Borough’s Right to Know Ordinance No. 16-2008 of which states under SECTION 3, Section 170-1D FINANCIAL RECORDS are described as;
1. Any account, voucher or contract dealing with a receipt or disbursement of funds by the Borough or the Borough’s acquisition, use or disposal of services, supplies, materials, equipment or property.
2. A financial audit report performed on behalf of the borough, however, this term does not include the work papers underlying the audit.
The above two paragraphs confirm that the Borough should fulfill my Right to Know Request.
I would also like to point out that the Borough Code states Service Electric, the Borough’s cableTV, internet and telephone provider, for the purposes of administering this ordinance shall;
A230-11 RECORD KEEPING, COMPANY OFFICE
A. Keep and render its books and records in a manner which will permit the drawing off of a detailed financial statement therefrom clearly disclosing the amount of rentals received by the company arriving at the determination of the gross receipts rentals as heretofore set forth.
Why don’t you follow Borough Code (above) that you legislated for Service Electric Cable. This also demonstrates you know the law and are knowingly and deliberately violating the Borough Code.
You have arrogantly decided to violate the Borough Code and a Borough Ordinance to keep the true financial status of the Telecommunications Department from the public.
There is no way that you will legally keep these financial records from the public.
Sincerely,
Gennaro A. Marino P.E.
cc: Judge Jeffrey L. Schmehl
Kutztown Solicitor Mooney
The Office of Open Records
The Reading Eagle
Wednesday, February 9, 2011
NEWSLETTER #3 2-8-11
NEWSLETTER # 3
February 8, 2011
I went to the Court of Common Pleas in Reading today to petition the Court to enforce the Final Determination by the Pennsylvania Office of Open Records which stated that the Borough of Kutztown shall give me the financial records I requested. All the Borough’s objections were the same excuses they presented and were rejected by the Office of Open Records. They presented no new objections. Judge Jeffrey L. Schmehl reserved decision.
It was very enlightening to hear the Kutztown Borough Solicitor Keith Mooney state:
a) Municipalities do not keep financial records as do private firm.
b) All you have to see is total revenue and expenditures and not show how and where they were listed and totaled up.
c) Telecom is not a separate entity but the same as other Borough Utilities.
Isn’t it amazing that the Borough refuses to make the finances of Telecom public and is in Court to avoid the enforcement of the Final Determination of the Pennsylvania Office of Open Records. It is ironic because the Kutztown Borough Code is very strict and specific in dealing with Service Electric Cable, the cable TV and internet provider, in the Borough. The Borough Code Chapter 230 reads as follow; I quote from the Code
A230-11 RECORD KEEPING; COMPANY OFFICE
FOR THE PURPOSES OF ADMINISTERING THIS ORDINANCE THE COMPANY SHALL;
A. KEEP AND RENDER ITS BOOKS AND RECORDS IN A MANNER WHICH WILL PERMIT THE DRAWING OFF OF A DETAILED FINANCIAL STATEMENT THEREFROM CLEARLY DISCLOSING THE AMOUNT OF RENTALS RECEIVED BY THE COMPANY ARRIVING AT THE DETERMINATION OF THE GROSS RECEIPTS RENTALS AS HERETOFORE SET FORTH.
The Borough just wants to simply draw off the information with no effort. The Borough stated in Court that if anyone wants the financial records of Telecom in the Borough they can pick the figures out of the Borough’s mandatory Annual Audit and calculate the difference.
Why doesn’t the Borough hold themselves to the same standards they demand from the local cable TV and internet provider?
Gennaro A. Marino P.E.
www.marinoreport.com
e-mail kmayor@ptd.net
February 8, 2011
I went to the Court of Common Pleas in Reading today to petition the Court to enforce the Final Determination by the Pennsylvania Office of Open Records which stated that the Borough of Kutztown shall give me the financial records I requested. All the Borough’s objections were the same excuses they presented and were rejected by the Office of Open Records. They presented no new objections. Judge Jeffrey L. Schmehl reserved decision.
It was very enlightening to hear the Kutztown Borough Solicitor Keith Mooney state:
a) Municipalities do not keep financial records as do private firm.
b) All you have to see is total revenue and expenditures and not show how and where they were listed and totaled up.
c) Telecom is not a separate entity but the same as other Borough Utilities.
Isn’t it amazing that the Borough refuses to make the finances of Telecom public and is in Court to avoid the enforcement of the Final Determination of the Pennsylvania Office of Open Records. It is ironic because the Kutztown Borough Code is very strict and specific in dealing with Service Electric Cable, the cable TV and internet provider, in the Borough. The Borough Code Chapter 230 reads as follow; I quote from the Code
A230-11 RECORD KEEPING; COMPANY OFFICE
FOR THE PURPOSES OF ADMINISTERING THIS ORDINANCE THE COMPANY SHALL;
A. KEEP AND RENDER ITS BOOKS AND RECORDS IN A MANNER WHICH WILL PERMIT THE DRAWING OFF OF A DETAILED FINANCIAL STATEMENT THEREFROM CLEARLY DISCLOSING THE AMOUNT OF RENTALS RECEIVED BY THE COMPANY ARRIVING AT THE DETERMINATION OF THE GROSS RECEIPTS RENTALS AS HERETOFORE SET FORTH.
The Borough just wants to simply draw off the information with no effort. The Borough stated in Court that if anyone wants the financial records of Telecom in the Borough they can pick the figures out of the Borough’s mandatory Annual Audit and calculate the difference.
Why doesn’t the Borough hold themselves to the same standards they demand from the local cable TV and internet provider?
Gennaro A. Marino P.E.
www.marinoreport.com
e-mail kmayor@ptd.net
Saturday, February 5, 2011
NEWSLETTER #2 2-6-11
NEWSLETTER #2
February 5, 2011
AT THE COURT ARGUMENT TUESDAY THE BOROUGH SHOULD MENTION THE FOLLOWING FROM THE BORUGH COUNCIL MINUTES OF 2002:
August 6, 2002 page 15896 “Mayor Marino stated that all residents are stockholders and that he wants to be updated monthly. Mr. Hill responded that if this is the direction in which Council would like to proceed, the Borough would need to hire a full time accountant”.
September 11, 2002 page 15937 Mr. Caruso stated “The paperwork that is done to justify what the Borough is spending is ridiculous. The idea of hiring a consultant is nonsense. Anyone that has a question concerning the spending should pick up a budget and follow the expenditures.
THE ABOVE MINUTES CLEARLY DEMONSTRATE THAT THE BOROUGH NEVER INTENDED TO MAKE THE FINANCES OF THE TELECOMMUNICATIONS DEPARTMENT PUBLIC.
THERE’S MORE. ( TO BE CONT’D)
Gennaro A. Marino
www.marinoreport. com
February 5, 2011
AT THE COURT ARGUMENT TUESDAY THE BOROUGH SHOULD MENTION THE FOLLOWING FROM THE BORUGH COUNCIL MINUTES OF 2002:
August 6, 2002 page 15896 “Mayor Marino stated that all residents are stockholders and that he wants to be updated monthly. Mr. Hill responded that if this is the direction in which Council would like to proceed, the Borough would need to hire a full time accountant”.
September 11, 2002 page 15937 Mr. Caruso stated “The paperwork that is done to justify what the Borough is spending is ridiculous. The idea of hiring a consultant is nonsense. Anyone that has a question concerning the spending should pick up a budget and follow the expenditures.
THE ABOVE MINUTES CLEARLY DEMONSTRATE THAT THE BOROUGH NEVER INTENDED TO MAKE THE FINANCES OF THE TELECOMMUNICATIONS DEPARTMENT PUBLIC.
THERE’S MORE. ( TO BE CONT’D)
Gennaro A. Marino
www.marinoreport. com
NEWSLETTER 2-5-11
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
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
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.
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