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.
Wednesday, November 24, 2010
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
Monday, November 1, 2010
Letter to the Editor Reading Eagle 11-1-10
November 1, 2010
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Reading Eagle Editor
Dear Editor,
When President Obama was circulating his propaganda about his Obama healthcare he stated I would be able to keep my HMO. What he intentionally did not state was my monthly premium would increase to $153.80 January 1, 1011 from $115.40 which it was the day he was elected. He also neglected to say all my co-pays would be increased substantially.
It is safe to say that no matter where he lived or where he came from he does not have a clue as to who we are and what America stands for. He never hung out on a corner. He never had a job. He was never laid off. He never stated how his college tuition was paid for. He never even ran a candy store.
He also stated spend, spend, spend. I was brought up and taught to save, save, save for a rainy day. Under his administration every day is a rainy day.
I am a senior citizen and have Medicare. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Resident of Kutztown
Gennaro A. Marino P.E.
409 W. Main St.
Kutztown, Pa 19530
610-683-7977
Reading Eagle Editor
Dear Editor,
When President Obama was circulating his propaganda about his Obama healthcare he stated I would be able to keep my HMO. What he intentionally did not state was my monthly premium would increase to $153.80 January 1, 1011 from $115.40 which it was the day he was elected. He also neglected to say all my co-pays would be increased substantially.
It is safe to say that no matter where he lived or where he came from he does not have a clue as to who we are and what America stands for. He never hung out on a corner. He never had a job. He was never laid off. He never stated how his college tuition was paid for. He never even ran a candy store.
He also stated spend, spend, spend. I was brought up and taught to save, save, save for a rainy day. Under his administration every day is a rainy day.
I am a senior citizen and have Medicare. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Resident of Kutztown
Thursday, October 21, 2010
Office of Open Records 10-21-10
October 21, 2010
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Pennsylvania Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120
Re: AP2010-0899
Dear Ms. Glinn:
After reading Borough Solicitor Mooney’s letter to you several times I realize that he does not comprehend that all I want the Borough to do is publish a financial and statistics report on the business venture of the Borough’s Telecom Department. The residents of Kutztown are entitled to know if Telecom is profitable or is operating at a loss. And they are also entitled to know the number of subscribers.
Each time I request a financial report on Telecom the Right to Know Officer Khalife and Solicitor Mooney refer me to the financial reports of the Borough. Solicitor Mooney also sent you some pages of the Borough finances which do not detail the revenue and expenses of Telecom. And the 24 statistics pages I paid for and sent you have all the financial figures blotted out.
I have stated all along that I do not think the Borough has records on Telecom. Solicitor Mooney states in his letter and I quote, “I do believe that there are records which exist to verify the amounts provided to Mr. Marino in response to Part 4 of his request.” He believes, doesn’t he know? I noticed he did not send them to you with his letter. And why doesn’t the Borough make them available to me at $.25 a page?
This action is a concerted effort by the Borough Council, Mayor Green, Borough Manager\Right to Know Officer Khalfe, Information Technology Caruso and Solicitor Mooney to withhold the financial records of Telecom from the public.
Again, I repeat there has never been a complete financial report on Telecom in the 8 years since its inception in 2002. If there is or was one the Borough should make it public.
As far as I’m concerned I have not received any satisfactory information in response to my Right to Know Requests. Solicitor Mooney’s letter responds to your letters of October 4 and October 5 but does not address my Right to Know Request. Thank you.
Sincerely,
Gennaro A. Marino
cc: Borough of Kutztown
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Lucinda Glinn, Appeals Officer
Pennsylvania Office of Open Records
Commonwealth Keystone Building
400 North Street, 4th Floor
Harrisburg, Pa 17120
Re: AP2010-0899
Dear Ms. Glinn:
After reading Borough Solicitor Mooney’s letter to you several times I realize that he does not comprehend that all I want the Borough to do is publish a financial and statistics report on the business venture of the Borough’s Telecom Department. The residents of Kutztown are entitled to know if Telecom is profitable or is operating at a loss. And they are also entitled to know the number of subscribers.
Each time I request a financial report on Telecom the Right to Know Officer Khalife and Solicitor Mooney refer me to the financial reports of the Borough. Solicitor Mooney also sent you some pages of the Borough finances which do not detail the revenue and expenses of Telecom. And the 24 statistics pages I paid for and sent you have all the financial figures blotted out.
I have stated all along that I do not think the Borough has records on Telecom. Solicitor Mooney states in his letter and I quote, “I do believe that there are records which exist to verify the amounts provided to Mr. Marino in response to Part 4 of his request.” He believes, doesn’t he know? I noticed he did not send them to you with his letter. And why doesn’t the Borough make them available to me at $.25 a page?
This action is a concerted effort by the Borough Council, Mayor Green, Borough Manager\Right to Know Officer Khalfe, Information Technology Caruso and Solicitor Mooney to withhold the financial records of Telecom from the public.
Again, I repeat there has never been a complete financial report on Telecom in the 8 years since its inception in 2002. If there is or was one the Borough should make it public.
As far as I’m concerned I have not received any satisfactory information in response to my Right to Know Requests. Solicitor Mooney’s letter responds to your letters of October 4 and October 5 but does not address my Right to Know Request. Thank you.
Sincerely,
Gennaro A. Marino
cc: Borough of Kutztown
Wednesday, October 20, 2010
OOR Letter 10-15-10
October 15, 2010
Gennaro A. Marino P.E,
409 W. Main St.
Kutztown Pa 19530
610-683-7977
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:
This letter is in response to the correspondence you received from Kutztown Borough Solicitor Mooney dated October 11, 2010. It is obvious from this correspondence that the Borough does not want to publish a financial statement on Telecom, Hometown Utilicom or whatever they would like to call it. What I am requesting is financial information that should be published periodically because Telecom is a BUSINESS VENTURE and NOT A UTILITY. All residents are required to subscribe to Borough Utilities, but they are not compelled to subscribe to Telecom. Also the utilities are not permitted to make a profit where Telecom, as a business venture, is allowed to make a profit or incur a loss. The Borough told the residents that this venture was to be a big money maker, but the Borough never published a complete financial report since its inception in 2002. Attached please find a copy of page one of a Hometown Utilicom Report by then Borough Manager Vettraino dated August 1, 2003 describing the Borough’s intentions to publish reports on a timely basis.
Solicitor Keith Mooney neglected to mention my August 12, 2010 Request when RTK Officer Khalife stated he could not fulfill my request because Hometown Utilicom is a “service mark” and not a utility therefore it has no records. Enclosed is a copy of Hometown Utilicom dated August 2010 (Accept Use Policy Hometown Utilicom Customers) which only mentions Telecom Services. There are also many other Borough Documents that state that HU is Telecom. This delayed my request until I changed my request title to Telecom September 12, 2010.
On the bottom of page 2 of Solicitor Mooney’s letter it mentions my request for the amount of funds received from HU subscribers outside the Borough. In my request of August 12, 2010 I asked for revenue for the years 2008 and 2009, but in my September 12, 2010 I neglected to state the time period. He then states that RTK Officer Khalife sent me the amount of funds from outside the Borough. That is true the amount was $284,501.49 for 2009 no figure for 2008. When I asked to see the Borough Documents (my letter dated September 16, 2010) verifying the amount I received a reply from the RTK Officer dated September 20, 2010 it stated revenue from outside the Borough for 2008 was $40,310 and for 2009 it was $119,701. I question the big difference. My requests are for old records which should all be totaled out and do not have to be summed up. He then goes on to say I, as the former Mayor of Kutztown should know the Borough only serves Maxatawny outside the Borough. I asked for funds outside the Borough, I did not ask from where. Solicitor Mooney brought it up for political reasons. I want you to know I am 81 years old was Mayor from 2002 to 2005 and have no agenda or political aspirations. All I want is for the Borough to publish the financial records of Telecom for the residents of the Borough.
I constantly ask for financial reports on Telecom and Kutztown RTK Officer Khalife and Kutztown Solicitor Mooney keep referring me to the Borough Budget and Audit. The Borough’s Annual Audit does not record funds transferred within the Borough it only tracks funds into and out of the Borough. Auditor Mr. Long of Long & Barrell told me so. Long & Barrell are the Borough’s Independent Auditors. Borough residents should be able to see the movement of funds between Borough Departments. A good example is Solicitor Mooney sent you some financial records for 2008 and2009 and I can not find the $40,310 for 2008 and the $119,701 from 2009 from outside the Borough that were given to me by RTK Officer Khalife.
Solicitor Mooney never mentioned the 24 pages of Hometown Utilicom Statistics for 2008 and 2009 which I paid $6 for. The 24 pages were altered by the Borough. You have copies of the 24 pages in your possession. Financial figures were blotted out on the documents. How can a municipality sell Borough Documents that were altered? I have asked for my $6 to be returned to me. This was an arrogant and I think illegal act by the Borough.
The documents also show the total receipts for the Telecom Fund for 2008 was $910,222 and total expenditures were $1,334,613. Does that mean Telecom lost the difference $424,391 for 2008? The report also lists total receipts for 2009 was $1,091,346 and total expenditures were $1,351,767. Does that mean Telecom lost $260,421 for the year 2009? Verbally Borough Officials have stated Telecom does not loose money annually. The Borough has to publish a complete financial report on a business venture that has been in operation for 8 years. Please try to accomplish this for the residents of the Borough.
Solicitor Mooney and the Borough would like you to believe this is a personal vendetta between the Borough and I. This controversy is not Marino v. Kutztown Borough. It is the Residents of the Borough v. Kutztown Borough.
Thank you. I am available should you desire any further information.
Sincerely,
Gennaro A. Marino P.E.
cc: Kutztown RTK Officer Khalife
Gennaro A. Marino P.E,
409 W. Main St.
Kutztown Pa 19530
610-683-7977
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:
This letter is in response to the correspondence you received from Kutztown Borough Solicitor Mooney dated October 11, 2010. It is obvious from this correspondence that the Borough does not want to publish a financial statement on Telecom, Hometown Utilicom or whatever they would like to call it. What I am requesting is financial information that should be published periodically because Telecom is a BUSINESS VENTURE and NOT A UTILITY. All residents are required to subscribe to Borough Utilities, but they are not compelled to subscribe to Telecom. Also the utilities are not permitted to make a profit where Telecom, as a business venture, is allowed to make a profit or incur a loss. The Borough told the residents that this venture was to be a big money maker, but the Borough never published a complete financial report since its inception in 2002. Attached please find a copy of page one of a Hometown Utilicom Report by then Borough Manager Vettraino dated August 1, 2003 describing the Borough’s intentions to publish reports on a timely basis.
Solicitor Keith Mooney neglected to mention my August 12, 2010 Request when RTK Officer Khalife stated he could not fulfill my request because Hometown Utilicom is a “service mark” and not a utility therefore it has no records. Enclosed is a copy of Hometown Utilicom dated August 2010 (Accept Use Policy Hometown Utilicom Customers) which only mentions Telecom Services. There are also many other Borough Documents that state that HU is Telecom. This delayed my request until I changed my request title to Telecom September 12, 2010.
On the bottom of page 2 of Solicitor Mooney’s letter it mentions my request for the amount of funds received from HU subscribers outside the Borough. In my request of August 12, 2010 I asked for revenue for the years 2008 and 2009, but in my September 12, 2010 I neglected to state the time period. He then states that RTK Officer Khalife sent me the amount of funds from outside the Borough. That is true the amount was $284,501.49 for 2009 no figure for 2008. When I asked to see the Borough Documents (my letter dated September 16, 2010) verifying the amount I received a reply from the RTK Officer dated September 20, 2010 it stated revenue from outside the Borough for 2008 was $40,310 and for 2009 it was $119,701. I question the big difference. My requests are for old records which should all be totaled out and do not have to be summed up. He then goes on to say I, as the former Mayor of Kutztown should know the Borough only serves Maxatawny outside the Borough. I asked for funds outside the Borough, I did not ask from where. Solicitor Mooney brought it up for political reasons. I want you to know I am 81 years old was Mayor from 2002 to 2005 and have no agenda or political aspirations. All I want is for the Borough to publish the financial records of Telecom for the residents of the Borough.
I constantly ask for financial reports on Telecom and Kutztown RTK Officer Khalife and Kutztown Solicitor Mooney keep referring me to the Borough Budget and Audit. The Borough’s Annual Audit does not record funds transferred within the Borough it only tracks funds into and out of the Borough. Auditor Mr. Long of Long & Barrell told me so. Long & Barrell are the Borough’s Independent Auditors. Borough residents should be able to see the movement of funds between Borough Departments. A good example is Solicitor Mooney sent you some financial records for 2008 and2009 and I can not find the $40,310 for 2008 and the $119,701 from 2009 from outside the Borough that were given to me by RTK Officer Khalife.
Solicitor Mooney never mentioned the 24 pages of Hometown Utilicom Statistics for 2008 and 2009 which I paid $6 for. The 24 pages were altered by the Borough. You have copies of the 24 pages in your possession. Financial figures were blotted out on the documents. How can a municipality sell Borough Documents that were altered? I have asked for my $6 to be returned to me. This was an arrogant and I think illegal act by the Borough.
The documents also show the total receipts for the Telecom Fund for 2008 was $910,222 and total expenditures were $1,334,613. Does that mean Telecom lost the difference $424,391 for 2008? The report also lists total receipts for 2009 was $1,091,346 and total expenditures were $1,351,767. Does that mean Telecom lost $260,421 for the year 2009? Verbally Borough Officials have stated Telecom does not loose money annually. The Borough has to publish a complete financial report on a business venture that has been in operation for 8 years. Please try to accomplish this for the residents of the Borough.
Solicitor Mooney and the Borough would like you to believe this is a personal vendetta between the Borough and I. This controversy is not Marino v. Kutztown Borough. It is the Residents of the Borough v. Kutztown Borough.
Thank you. I am available should you desire any further information.
Sincerely,
Gennaro A. Marino P.E.
cc: Kutztown RTK Officer Khalife
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