Sunday, March 29, 2009

HU PURCHASE ORDER DOES NOT EXIST 3-28-09

Purchase Order for HU Does not Exist 3-28-09
www.marinoreport.com
Borough Elected Officials and Residents
Dear Elected Officials and Residents,
The fifth item on the Consent Agenda for the March 17, 2009 Council Meeting was: ratify the issuance of a Purchase Order to Blonder Tongue Laboratories Inc., Old Bridge, N.J. in the amount of $119,511.87 for machinery and equipment for the transition of head end to digital.
In a FAX dated March 16, 2009, a day before the Council Meeting, sent to the Borough Council and Mayor Green I stated the Purchase Order was illegal because it was over $10,000 and was not bid publicly and any one who voted for it could be sued personally. My statement was correct because the request was withdrawn from the Agenda and was not voted on.
Yesterday Friday March 27, I personally went to the Borough Hall and asked Borough Secretary Bonnie Bray to see the Purchase Order. She called over Information Technology Director Frank Caruso, who heads HU, and he said the Purchase Order does not exist. I asked Secretary Bray who gave her the Purchase Order with the exact amount on it to the penny and she kept referring me to HU head Frank Caruso. Mr. Caruso attempted to explain why and how it does not exist and I stated a Borough representative had to give some one at Blonder Laboratories a list of specifications, work to be performed etc. and request a price. Mr. Caruso stated many times the Purchase Order does not exist.
I was then told that the work noted on the Purchase Order was given out by the Borough for public bid. I received the bid package and it had no date on it. I asked Secretary Bray why there was no date on it and she again referred me to Mr. Caruso. I then asked when the bid was advertised in the local newspaper and was told March 23, 2009 which was 6 days after the Purchase Order was to be ratified by the Borough Council. The omission of the date was an attempt to hide the fact that the Bid was given out after the date of the purchase Order
This is proof that all 6 members of the Borough Council, Mayor Green, Borough Solicitors Dietrich and Mooney, Auditors Long and Barrel, Borough Manager\Treasurer Khalife and other appointed Borough Employees were and are all aware and guilty of the many lies about the illegal Purchase Order and took part in the cover up of putting out an illegal bid.
At what Council Meeting did the Borough Council vote for the public bid and publish the bid in the local newspapers?
The Purchase Order is a violation of the Borough Code but the cover up, the late bid and lies about the Purchase Order are a deliberate act of falsifying HU and Borough financial records. This incident is far from over. I am still seeking more information about this incident and another contract for $185,000 that was not bid publicly.
Gennaro A. Marino P.E.

Wednesday, March 25, 2009

Another Loan For Hometown Utilicom? 3-25-09

Marino Asks Is this another Quiet Loan for HU? 3-25-09
www.marinoreport.com
Mayor Green&
Kutztown Borough Council
Dear Elected Officials,
On page 6 of the Council Meeting Agenda of March 17, 2009 under Finance, Electric and Telecommunications is stated, I quote, Take action on the proposed Resolution to appoint an underwriter and bond counsel and to proceed preliminarily with a G.O. bond issuance.
This sounds like another loan. And by you grouping Hometown Utilicom with finance and electric you can hide another loan for HU. Is this another loan? The video tape of the meeting as televised on the HU system can not be deciphered.
I have also heard that the Consent Agenda vote on the Purchase Order of $119,511.87 from Blonder Tongue Laboratories Inc. did not take place. You should have noted that this P.O. is for HU. I think the Purchase Order is illegal as I pointed out in my letters to you. Again the video of the Council Meeting is not very clear.
You should all be embarrassed by the quality of the tape of the Council Meetings. You advertise sign up for HU to see the video of Council Meetings. You can not tell who is speaking and the sound is terrible. With all the money and effort you and your predecessors have sunk into this business venture and with all the most modern equipment HU can buy the Borough can not produce a simple video tape of a Council Meeting. You even paid a consultant $20,000 to tell you lies that you wanted to hear, that HU is very well run and could turn a profit next year. Yet HU can not produce a simple video. It is about time for one of you to come to your senses and speak the truth about Hometown Utilicom.
I learned in Public School 14 in the sixth grade a statement by Abraham Lincoln. He said. You can fool some of the people all of the time, all of the people some of the time, but you can not fool all of the people all of the time.
Gennaro A, Marino P.E.

Monday, March 23, 2009

Kutztown Borough Facts 2-23-09

Kutztown Borough Facts 3-24-09 www.marinoreport.com
From the Kutztonian of Summer, 2001
The Council determines the policies and direction of the Borough operations. The Manager provides recommendations, is the Chief Administrative Officer of the Borough and is responsible to the Council as a whole for the proper and efficient administration of the affairs placed in his charge. The powers and duties for the administration of all Borough business are vested in the Manager, unless imposed on other Borough officers. In an effort to minimize overhead expense, some staff personnel wear many hats. The Borough Manager is also the Treasurer (Finance Director) and Purchasing Agent, the Kutztown Municipal Authority (KMA) Manager and assistant Treasurer, the Kutztown Transportation Authority (KTA) Manager and Assistant Treasurer, and performs the responsibilities of personnel manager and risk manager.
It is unusual that a municipality that deals with a Budget our size and operations as complex as Kutztown’s does not have a full time Finance Director, a full time Human Resource Director, and a full time Public Works Director.
The above article is the boasting and bragging by former Everything Director Keith Hill in the Summer 2001 Kutztonian. One year later, in July of 2002 he secretly filed a Human Rights violation against the Borough and Mayor Marino with the Pennsylvania Human Rights Commission. He continued to work at the Borough until he resigned in October of 2002. Two days after he left the Borough he illegally and unethically went to work for the Borough Engineers, Spotts, Stevens and McCoy at an hourly rate of $84 an hour. He sat at the same desk he resigned from because the hostile environment which he falsely accused me of creating.
When the Borough found out about his secret complaint with PHRC he was fired in January of 2003. He then filed a complaint in Federal Court and the Borough Council and some Borough employees conspired with him to defraud the Borough’s insurance company of $162,000. There was no fault or guilt found, it was an insurance settlement with no opportunity for appeal. He later went to work or Atlantic Engineering the contractor that he awarded a contract of over $2 million to install the fiber optics system without a public bid.
He further brags about his proposed internet that will have access to everything imaginable. He states if you thought your 56K modem was fast, you ain’t seen nothing yet and then he states a new laser-printed electric and water bill format will be introduced in July.
Here we are in March of 2009 and none of his boasts or brags have materialized. He also bragged that he was a Civil Engineer and the Information Technology Director has a Bachelor of Arts degree in Applied Business Management and Associate degree in Computer Management and was a principal owner in a computer software programming Company. With all of their credentials both of them could not produce a Business Plan or Marketing Plan for Hometown Utilicom. To this day the Borough has never produced and is incapable of producing a Business Plan or Marketing Plan. In fact the Borough has never published a Financial Report on HU since its inception in 2002.
You can see from all his titles that the Borough Council relinquished all their power and put Keith Hill in complete charge of the Borough and when he realized his projects were failures he filed a complaint and literally ran away blaming the Borough and I. Borough Managers\Treasurers Vettraino and Khalife continued to follow his lead and falsify the Borough budget, publish fraudulent reports and award contracts without bids. The most recent illegal contract was for $119,511.87 with Blonder Tongue Laboratories Inc. of Old Bridge, N.J to upgrade the dish for HU. I am already pursuing additional Borough Information through the New Right to Know Law. Gennaro A. Marino P.E.

Sunday, March 22, 2009

Kutztown Current Events 3-22-09

Kutztown Current Events 3-22-09 www.marinoreport.com
I notice there are many House for Sale signs throughout the Borough and the do nothing Mayor and Borough Council and their predecessors are responsible for them and the following are some of the reasons. They have raised every fee, tax, penalties and charges in the Borough to finance Hometown Utilicom. They encouraged student housing to acquire subscribers for HU. They encourage no tolerance parking, noise and petty citations for revenue. They made an unholy contract with a developer to expand our water and sewer systems outside the Borough for Apex student housing to illegally sell HU Services to the developer to keep out HU competitors. There scheme failed and the agreement was broken and now the Borough has the responsibility for more water and sewer services outside the Borough which the Borough does not need. They also turned down Maxatawny Townships offer for a joint sewerage treatment plant in which the County would contribute a 3 or 4 hundred thousand dollar grant and the Borough was not obligated to put up any funds until they decided to use to use the plant. This decision was not made for the betterment of the Borough but was based on personal spite and hate by them. They do not interact with residents for opinions or suggestions and they are also afraid the residents will question or disagree with their decisions. They are so ignorant, arrogant, unconscious and unfriendly that they haven’t even noticed there are no residents at the Council Meetings. Practically all of the Borough Council votes are unanimous and without discussions because they are all agreed upon in private. They also employ a Consent Agenda and slyly group many resolutions and ordinances together and do not discuss them before the vote. The Council Meeting Agenda is made public the day before the meetings which doesn’t give them much time to read the Ordinances or Resolutions before the votes. They authorize the Borough Manager\Treasurer Khalife, Assistant Treasurer Samilo and other Borough employees to transfer funds from any fund or department to any other fund or department to pay the monthly bills. There are never any funds, departments or dollar amounts noted.
They also enforce or ignore penalties, rules and laws to serve their purposes. For instance a Borough Official recently received a Drunk Driving Violation which is one of the best kept secrets in the Borough. Part of his wages is the use of a Borough Vehicle. The official has not reprimanded or penalized by them and still has the use of a Borough Vehicle. They brought charges against me when I was Mayor and charged me in Court for raising my voice. They also constructed a $9,000 door without a bid or vote in the Borough Hall to keep me out of Borough offices. They along with Borough Solicitor Dietrich also wasted more than $150,000 investigating me while I was the Mayor. They along with Borough Solicitor Dietrich also conspired with Keith Hill to defraud the Borough Insurance Co. out of $162,000 and allowed him to violate the Borough Code and come back and sit at his same desk as an $84 an hour employee of Spotts, Stevens and McCoy, the Borough Engineers, just 2 days after he resigned and left the Borough because of the hostile environment he stated was created by me. Borough Solicitor Dietrich did business for and with former Borough Manager\Treasurer Keith Hill.
There is much more to be said about the past and present elected and appointed officials of the Borough which I will publish in the future.
Gennaro A. Marino P.E.

Saturday, March 21, 2009

Right to Know Request Attachment 3-23-09

Right to Know Request Attachment of 3-23-09
Re: Blonder Tongue Laboratories, Inc. Contract

I would like to see the backup documents and or bid documents that led to the awarding of the contract of $119,511.87 for machinery and equipment for the transition for head and to Digital to Blonder Tongue Laboratories Inc. of Old Bridge, N.J.
I requested this information in a FAX to the Borough dated March 16, 2009 and did not receive a reply. This information should be made public without a request of any kind. I am now requesting this information under the Right to Know Law. If for any reason the Borough states that this bid is exempt from public bidding I would like to know the reason and what section of the Borough Code it is based on. And even if it is exempt from public bidding I am requesting the action taken by the Borough that determined that this contract was awarded in the best interests of the Borough. I would like to remind you that this contract is for Hometown Utilicom which is a business venture that loses about $1 million a year and is not a utility.
My second request is to see a complete up to date financial report on Hometown Utilicom which should include the number of TV, Internet and telephone subscribers and the revenue and expenses separately from each. It should also indicate the amount of revenue HU receives from within the Borough. It should also list the amount of funds moved into HU through transfers, loans, rentals, subsidies etc. since its inception in 2002. And it should also include the amount of funds HU owes the borough at the present time. I would also like to see some past Borough records that indicate that HU is a viable venture. I want to see Borough records and I do not want to see any information from any outside sources. Being HU is a business venture solely owned by the Borough I am positive these records exist and will not have to be created for my request. Thank you.
Gennaro A. MarinoP.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com

Thursday, March 19, 2009

Right to Know Request Appeal March 20, 2009

Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Attachment to Right to Know Request Appeal of March 20, 2009
Right to Know Officer Bonnie Bray
Madam,
In your letter to me dated March 16, 2009 you denied my request to see the bid documents and the bid results for the contract with Professional Computers System Co. because there was no bid and you are not required to create a record etc. At this time I am appealing that request and would like to see all the paper work, faxes and phone calls that led to the awarding of this contract. All this material has to exist and does not have to be produced specifically for my request. A Borough representative had to contact Professional Computers System Co. of Dennison, Iowa in some way to request proposals and reach an agreement. I am requesting to see how the agreement was negotiated and finalized. I am also requesting to see any proposals from similar contractors. The borough representative had to have other proposals and prices to compare to Professional Computers System Co. It would be improper to award a contract without any proposals for comparisons. My request is to see all the backup information considered by Borough representatives before awarding this contract.
Your letter also states that this contract is also exempt from public bidding under section 1402(d) (5) of article XIV, “CONTRACTS,” of the Pennsylvania Code. Please tell me specifically which provision or provisions of this section pertain to exempting this contract.
Thank you. Gennaro A. Marino P.E.

cc: Borough Manager \Treasurer Khalife
Borough Council Members
Mayor Green
Information Technology Director Frank Caruso
Borough Solicitors Mooney and Dietrich
Auditor Long & Barrell

Tuesday, March 17, 2009

Agenda Request Addition 3-17-09

Consent Agenda Addition 3-17-09 Gennaro A.Marino P.E.
Mayor Green
Kutztown Borough Council
Dear Elected officials,
In reference to my letter to you of 3-16-09 I have attached page 4 of the Purchasing Handbook and underlined some reasons for exemptions of bids and if there were no bids on the Blonder Laboratories Inc. contract, the contract is illegal because it does not meet requirements of the exemptions. The exemptions are “provided they do not constitute new additions, extensions or enlargements of existing facilities and equipment.” This contract is an addition and an extension of services of HU. It also does not qualify under paragraph 7 professional services. This contract should be put out for bid to be legal.
Sincerely, Gennaro A. Marino P.E.