June 16, 2011
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Department of Community and Economic Development
400 North Street 4th Floor
Harrisburg, Pa 17120
DCED Head Alan Walker
Dear Sir,
I am a resident of Kutztown Pennsylvania and would like to discuss the Borough’s 2011 Annual Audit which was submitted to your department. Under the Right to Know Law I purchased a copy of the Audit from the Borough and found it lacking vital facts and statistics. I questioned this with the Borough’s Financial Officer Samilo and he stated that was all he had which was a copy of the Audit sent to your agency and that there will be another audit for the Borough Council. My question is should there be two 2010 Audits?
The Audit does not include an annual Debt Service total, all it states is Debt Service Interest. The Borough’s Newsletter, The Kutztonion, (attached) lists the Debt Service as $582,065 which is the amount of Debt Service interest in the Audit your office received (attached).
The total Debt Service for the Borough is more than $1.1 million.
The Borough has never been very forthcoming with financial reports or budgets. There are no separate annual budgets or audits for the Electric, Water, Sewer and Telecommunications Departments. The mandatory Annual Audit sent to you suffices that one audit fits all.
My attached letter to the Borough Elected Officials dated June 1, 2011, details the above statements and further questions the Audit that you received from the Borough. I have never received a reply to my letter from anyone. My letter also points out that the Audit sent to you is not to be made public and should only be issued to specific agencies. The Audit was sold to me, is on the Borough website and is available at the Borough Hall.
I feel these issues I raise should be investigated by your Office and the Audit submitted to you should be scrutinized. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Friday, June 24, 2011
Thursday, June 2, 2011
Letter to Elected Officials Audit 2010
June 1, 2011
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com e-mail kmayor@ptd.net
Kutztown Mayor Green
Kutztown Council Members Eidle, Seyler, Schlegel, Gangewere, Snyder and Mace
Dear Elected Officials,
The deceit, lies, ignorance and arrogance by all of you with the approval of Solicitor Mooney of Barley Snyder, Auditor Long & Barrell and Court of Common Pleas Judge Jeffrey L. Schmehl continues as shown in the Kutztonian News Spring\Summer 2011’s Audit for 2010. It clearly states under Expenditures that the Debt Service is $582,065 which all of you should know, because you plan to borrow another $8.5 million, that the Debt Service is more than $1.1 million. This is a lie and not an oversight because the Audit should have been reviewed by you, the Borough Finance Officer, the Borough Manager Khalife and Auditor Long & Barrell.
Another ruse is combining Water, Sewer, Electric and Telecom under Expenditures ($9,413,796) and Charges for Services ($11,824,110) under Revenue to conceal the financial status of the four Borough Departments of the Borough. Especially the profit or loss of Telecom which the Borough illegally refused to publish its finances and defied the Office of Open Records with the help of Court of Common Pleas Judge Jeffrey L. Schmehl who overturned the Final Determination of the Office of Open Records. The Borough Annual Audit submitted to DCED states that Telecom lost $301,305 in 2010 when calculated as outlined in Court by Borough Solicitor Mooney and Judge Schmehl which is the difference between revenue and expenditures. It does not disclose the falsified budget and audit, the fraudulent Financial Reports and the altered Foremen time sheets that you are all aware of and approve. You are all guilty of falsifying Borough financial records which is corruption.
The Kutztonian also states that the Total Expenditures of the Borough in 2010 were $18,190,964 and Total Revenues were $17,126,887 which means the Borough Expenditures were $1,064,077 more than revenues which means the budget is not balanced which means the Borough needs $1,064,077 to balance the Budget. Where will this difference come from? Loans? Raise Water rates? Sewer rates? Electric rates? Taxes?
No where in the Audit or Kutztonian is the Debt Service shown which is more than $1.1 million a year.
The Mandatory Annual Audit is noted by Borough Auditor Long & Barrell and I quote,
“THIS REPORT IS INTENDED SOLELY FOR THE INFORMATION AND USE OF THE GOVERNING BODY AND MANAGEMENT OF THE BOROUGH OF KUTZTOWN, COMMONWEALTH OF PENNSYLVANIA, AND FOR FILING WITH THE PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND THE BERKS COUNTY CLERK OF COURTS AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED BY ANY OTHER THAN THESE SPECIFIED PARTIES.”
Why is the Audit published on the Borough website and why was it sold to me for $4.75 when it definitely states, “and is not intended to be AND SHOULD NOT BE USED BY ANY OTHER THAN THE SPECIFIED PARTIES.”
Sincerely,
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com e-mail kmayor@ptd.net
Kutztown Mayor Green
Kutztown Council Members Eidle, Seyler, Schlegel, Gangewere, Snyder and Mace
Dear Elected Officials,
The deceit, lies, ignorance and arrogance by all of you with the approval of Solicitor Mooney of Barley Snyder, Auditor Long & Barrell and Court of Common Pleas Judge Jeffrey L. Schmehl continues as shown in the Kutztonian News Spring\Summer 2011’s Audit for 2010. It clearly states under Expenditures that the Debt Service is $582,065 which all of you should know, because you plan to borrow another $8.5 million, that the Debt Service is more than $1.1 million. This is a lie and not an oversight because the Audit should have been reviewed by you, the Borough Finance Officer, the Borough Manager Khalife and Auditor Long & Barrell.
Another ruse is combining Water, Sewer, Electric and Telecom under Expenditures ($9,413,796) and Charges for Services ($11,824,110) under Revenue to conceal the financial status of the four Borough Departments of the Borough. Especially the profit or loss of Telecom which the Borough illegally refused to publish its finances and defied the Office of Open Records with the help of Court of Common Pleas Judge Jeffrey L. Schmehl who overturned the Final Determination of the Office of Open Records. The Borough Annual Audit submitted to DCED states that Telecom lost $301,305 in 2010 when calculated as outlined in Court by Borough Solicitor Mooney and Judge Schmehl which is the difference between revenue and expenditures. It does not disclose the falsified budget and audit, the fraudulent Financial Reports and the altered Foremen time sheets that you are all aware of and approve. You are all guilty of falsifying Borough financial records which is corruption.
The Kutztonian also states that the Total Expenditures of the Borough in 2010 were $18,190,964 and Total Revenues were $17,126,887 which means the Borough Expenditures were $1,064,077 more than revenues which means the budget is not balanced which means the Borough needs $1,064,077 to balance the Budget. Where will this difference come from? Loans? Raise Water rates? Sewer rates? Electric rates? Taxes?
No where in the Audit or Kutztonian is the Debt Service shown which is more than $1.1 million a year.
The Mandatory Annual Audit is noted by Borough Auditor Long & Barrell and I quote,
“THIS REPORT IS INTENDED SOLELY FOR THE INFORMATION AND USE OF THE GOVERNING BODY AND MANAGEMENT OF THE BOROUGH OF KUTZTOWN, COMMONWEALTH OF PENNSYLVANIA, AND FOR FILING WITH THE PENNSYLVANIA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT AND THE BERKS COUNTY CLERK OF COURTS AND IS NOT INTENDED TO BE AND SHOULD NOT BE USED BY ANY OTHER THAN THESE SPECIFIED PARTIES.”
Why is the Audit published on the Borough website and why was it sold to me for $4.75 when it definitely states, “and is not intended to be AND SHOULD NOT BE USED BY ANY OTHER THAN THE SPECIFIED PARTIES.”
Sincerely,
Sunday, May 22, 2011
Reading Eagle Editor PP&L 5-22-11
May 22, 2011
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
e-mail kmayor@ptd.net
The Reading Eagle Editor
Dear Editor,
Thank you for the very informative article about PP&L electricity rates by Dan Kelly in your Saturday May 21, 2011 issue.
It states a standard PP&L customer who uses 1,000 KWH a month will be charged $88.
It also states the same 1,000 KWH will cost a time of use customer about $106
at off peak rates and about $124 at peak rates.
In Kutztown where residents can not shop for electricity rates because the Borough owns the electric company this same 1,000 KWH will cost $156.24 for a Residential Service when electric is the sole source of energy and $160.88 for General Residential Service. For Residential Service Borough residents will pay $156.24 and PP&L customers will pay $88. Kutztown customers will $68.24 more each month which is $818.88 a year. Borough figures are from the Borough website.
The Borough will be forced to raise the electric rates shortly to pay for the Borough debt which will be over $20 million shortly. The Mayor and Borough Council do not address these ridiculously high electric rates the Borough residents are paying.
Gennaro A. Marino P.E.
P.S. Copies of Borough websites calculations are attached.
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
e-mail kmayor@ptd.net
The Reading Eagle Editor
Dear Editor,
Thank you for the very informative article about PP&L electricity rates by Dan Kelly in your Saturday May 21, 2011 issue.
It states a standard PP&L customer who uses 1,000 KWH a month will be charged $88.
It also states the same 1,000 KWH will cost a time of use customer about $106
at off peak rates and about $124 at peak rates.
In Kutztown where residents can not shop for electricity rates because the Borough owns the electric company this same 1,000 KWH will cost $156.24 for a Residential Service when electric is the sole source of energy and $160.88 for General Residential Service. For Residential Service Borough residents will pay $156.24 and PP&L customers will pay $88. Kutztown customers will $68.24 more each month which is $818.88 a year. Borough figures are from the Borough website.
The Borough will be forced to raise the electric rates shortly to pay for the Borough debt which will be over $20 million shortly. The Mayor and Borough Council do not address these ridiculously high electric rates the Borough residents are paying.
Gennaro A. Marino P.E.
P.S. Copies of Borough websites calculations are attached.
Thursday, April 21, 2011
audit 2010 letter to council 4-21-11
April 21, 2011
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Kutztown Mayor Sandra Green
Kutztown Borough Council
Dear Elected Officials,
On April 4, 2011 I purchased the Borough’s mandatory Annual Audit for 2010 and was told there were no other annual audits for any of the Borough Departments. At my Court hearing Kutztown Borough Solicitor Keith Mooney and Judge Jeffrey L. Schmehl told me if I wanted to know the profit or loss of a Borough Department all I had to do was sum up the Revenues and Expenditures in the audit and the difference was the profit or loss.
I did as they suggested and came up with the following figures:
Waste Water\Sewage lost ($529,996)
Water System lost ($541,487)
Electric System earned $1,207,574
Telecommunications lost ($301,305)
Solid Waste earned $19, 533
And finally total expenditures $18,190,964 minus total revenues $17,126,887 means the Borough is short $1,064,077. Where will this $1,064,077 come from? All of the above figures are from the Annual Borough Audit of 2010 which was submitted to the DCED.
When I stated to the Borough Finance Director Samilo that the Audit lacked details he stated this Audit was for the DCED and there is another Audit which is being prepared that will be submitted to the Borough Council. This means the Borough has 2 different Audits, one to be submitted to the Commonwealth and one to be submitted to the Borough Council. Does the Borough have two sets of books?
Why aren’t the Waste Water System, Water System, Electric System, Telecommunications Department and Solid Waste Departments audited as per the Borough Code?
Sincerely,
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
www.marinoreport.com
Kutztown Mayor Sandra Green
Kutztown Borough Council
Dear Elected Officials,
On April 4, 2011 I purchased the Borough’s mandatory Annual Audit for 2010 and was told there were no other annual audits for any of the Borough Departments. At my Court hearing Kutztown Borough Solicitor Keith Mooney and Judge Jeffrey L. Schmehl told me if I wanted to know the profit or loss of a Borough Department all I had to do was sum up the Revenues and Expenditures in the audit and the difference was the profit or loss.
I did as they suggested and came up with the following figures:
Waste Water\Sewage lost ($529,996)
Water System lost ($541,487)
Electric System earned $1,207,574
Telecommunications lost ($301,305)
Solid Waste earned $19, 533
And finally total expenditures $18,190,964 minus total revenues $17,126,887 means the Borough is short $1,064,077. Where will this $1,064,077 come from? All of the above figures are from the Annual Borough Audit of 2010 which was submitted to the DCED.
When I stated to the Borough Finance Director Samilo that the Audit lacked details he stated this Audit was for the DCED and there is another Audit which is being prepared that will be submitted to the Borough Council. This means the Borough has 2 different Audits, one to be submitted to the Commonwealth and one to be submitted to the Borough Council. Does the Borough have two sets of books?
Why aren’t the Waste Water System, Water System, Electric System, Telecommunications Department and Solid Waste Departments audited as per the Borough Code?
Sincerely,
Gennaro A. Marino P.E.
Monday, March 28, 2011
Loan $8.5 Million Water & Sewage
March 28, 2011
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Kutztown Mayor Green
Kutztown Borough Council
Dear Borough Elected Officials,
I see in the Borough Council Meeting Minutes of February 15, 2011 that the Borough Council voted to clear the way to borrow $5.5 million to update and\or expand the Borough sanitary sewage treatment plant. How did you calculate the amount of the loan or bond if you haven’t decided if it is an update or expansion? Councilman Schlegel stated in The Reading Eagle he did not know how much sewage rates would be increased because he did not know the cost of the project. The estimate of the rate increase could be based on the amount of the loan.
The proposals you received for the loan were for $8.5 million which was for $5.5 million for the sewage treatment and $3 million for the water plant. When did you vote on borrowing $3 million for the water treatment plant?
I also heard that Spotts, Stevens and McCoy will design the update or expansion. When will it be decided if it is going to be an expansion or an update? This is the same Spotts, Stevens and McCoy that unethically hired Borough Manager Keith Hill 2 days after he resigned from the Borough because of the hostile Borough Hall environment and sat at his same desk at a wonderfully reduced rate of $85 per hour for Spotts, Stevens and McCoy. And yes this is the same Keith Hill who secretly sued the Borough for age discrimination and was paid a settlement of $162,000 by the Borough’s insurance carrier. Mr. Hill also approved payments for Spotts, Stevens and McCoy before he left the Borough. Does Spotts, Stevens and McCoy have the expertise to decide on an expansion or update and design the project?
The Borough had an opportunity to build a sewage treatment plant joint-venture with the Township of Maxatawny and turned it down after years of haggling and delaying of the project by the Borough. The best part of the deal was there was a Grant involved and the Borough did not have to put up any funds until they opted to use it. The Township is currently in the process of constructing the plant.
There are many questions to be asked of you and the former Elected Officials
Such as:
Why wasn’t the Borough alerted about the update or expansion by the Borough Engineering firm when the Borough was planning to construct a plant with the Township?
Why did the Borough give sewage service to Apex, outside the Borough, when the plant was close to capacity?
Did Apex ever pay their tapping fees to the Borough?
What will be the debt service of the total debt of $21.5 million?
This is another example of the short sighted outlook of you and your predecessors. All of a sudden, like overnight, the Borough needs a sewage treatment plant. This project was first discussed in 2000 and no one in the Borough knew that we would need an update or expansion. I would like a response to this letter by one of you personally. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Kutztown Mayor Green
Kutztown Borough Council
Dear Borough Elected Officials,
I see in the Borough Council Meeting Minutes of February 15, 2011 that the Borough Council voted to clear the way to borrow $5.5 million to update and\or expand the Borough sanitary sewage treatment plant. How did you calculate the amount of the loan or bond if you haven’t decided if it is an update or expansion? Councilman Schlegel stated in The Reading Eagle he did not know how much sewage rates would be increased because he did not know the cost of the project. The estimate of the rate increase could be based on the amount of the loan.
The proposals you received for the loan were for $8.5 million which was for $5.5 million for the sewage treatment and $3 million for the water plant. When did you vote on borrowing $3 million for the water treatment plant?
I also heard that Spotts, Stevens and McCoy will design the update or expansion. When will it be decided if it is going to be an expansion or an update? This is the same Spotts, Stevens and McCoy that unethically hired Borough Manager Keith Hill 2 days after he resigned from the Borough because of the hostile Borough Hall environment and sat at his same desk at a wonderfully reduced rate of $85 per hour for Spotts, Stevens and McCoy. And yes this is the same Keith Hill who secretly sued the Borough for age discrimination and was paid a settlement of $162,000 by the Borough’s insurance carrier. Mr. Hill also approved payments for Spotts, Stevens and McCoy before he left the Borough. Does Spotts, Stevens and McCoy have the expertise to decide on an expansion or update and design the project?
The Borough had an opportunity to build a sewage treatment plant joint-venture with the Township of Maxatawny and turned it down after years of haggling and delaying of the project by the Borough. The best part of the deal was there was a Grant involved and the Borough did not have to put up any funds until they opted to use it. The Township is currently in the process of constructing the plant.
There are many questions to be asked of you and the former Elected Officials
Such as:
Why wasn’t the Borough alerted about the update or expansion by the Borough Engineering firm when the Borough was planning to construct a plant with the Township?
Why did the Borough give sewage service to Apex, outside the Borough, when the plant was close to capacity?
Did Apex ever pay their tapping fees to the Borough?
What will be the debt service of the total debt of $21.5 million?
This is another example of the short sighted outlook of you and your predecessors. All of a sudden, like overnight, the Borough needs a sewage treatment plant. This project was first discussed in 2000 and no one in the Borough knew that we would need an update or expansion. I would like a response to this letter by one of you personally. Thank you.
Sincerely,
Gennaro A. Marino P.E.
Saturday, March 19, 2011
Letter Appeared in Eagle March 16, 2011
March 4, 2011
Gennaro A. Marino
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Editor
The Reading Eagle
Dear Editor,
Thank you for the informative Article by Mary Young about the Court Hearing of Marino vs. The Borough of Kutztown February 27, 2011. The hearing February 8, was for the enforcement of a “Final Determination” of the Pennsylvania Office Open Records which ordered the Borough to turn over to me certain financial records of the Telecommunications business venture after investigating my request. The fact is Judge Jeffrey L. Schmehl overturned the decision of the Pennsylvania Office of Open Records even though the Borough presented the same argument they gave to the Office of Open Records. Judge Jeffrey ruled the Borough gave me what they have which was the Borough Audit of the Borough General Fund. This proves that the Borough has never published a financial report on Telecommunications since its inception in 2002, 8 years ago which I stated in Court. Judge J.L. Schmehl did not have grounds to overturn the “Final Determination” of the Office of Open Records which is a duly legislated Agency of the Commonwealth. I intend to appeal this decision to the Commonwealth Court.
Fax 610-371-5098
Faxed March 4, 2011 Gennaro A. Marino
Gennaro A. Marino
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Editor
The Reading Eagle
Dear Editor,
Thank you for the informative Article by Mary Young about the Court Hearing of Marino vs. The Borough of Kutztown February 27, 2011. The hearing February 8, was for the enforcement of a “Final Determination” of the Pennsylvania Office Open Records which ordered the Borough to turn over to me certain financial records of the Telecommunications business venture after investigating my request. The fact is Judge Jeffrey L. Schmehl overturned the decision of the Pennsylvania Office of Open Records even though the Borough presented the same argument they gave to the Office of Open Records. Judge Jeffrey ruled the Borough gave me what they have which was the Borough Audit of the Borough General Fund. This proves that the Borough has never published a financial report on Telecommunications since its inception in 2002, 8 years ago which I stated in Court. Judge J.L. Schmehl did not have grounds to overturn the “Final Determination” of the Office of Open Records which is a duly legislated Agency of the Commonwealth. I intend to appeal this decision to the Commonwealth Court.
Fax 610-371-5098
Faxed March 4, 2011 Gennaro A. Marino
Friday, March 11, 2011
Attorney General Electric Bill 3-11-11
March 11, 2011
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Pa. Office of Attorney General
Bureau of Consumer Protection
Strawberry Square 15th Floor
Harrisburg, Pa 17120
Dear Sir,
This is a follow up of my letter to you dated March 6, 2011 which included a copy of my electric bill for the month of February showing the Service Fee I complained about as SERVICE FEE $9.15 and this month’s bill March (enclosed) as NET MONTHLY RATE MINIMUM $9.74.
As I stated in my previous letter, “in the past this Service Fee has been called Net Rate Minimum and KW Usage”. The Borough is deceiving its customers by not only changing the terminology. It is also changing the amount from $9.15 to $9.74.
Aren’t the subscribers of the Borough entitled to a Council vote and a notice of title change and amount? Is the Borough trying to circumvent my complaint to you?
Thank you.
Sincerely,
Gennaro A. Marino P.E.
Gennaro A. Marino P.E.
409 West Main Street
Kutztown, Pa 19530
610-683-7977
Pa. Office of Attorney General
Bureau of Consumer Protection
Strawberry Square 15th Floor
Harrisburg, Pa 17120
Dear Sir,
This is a follow up of my letter to you dated March 6, 2011 which included a copy of my electric bill for the month of February showing the Service Fee I complained about as SERVICE FEE $9.15 and this month’s bill March (enclosed) as NET MONTHLY RATE MINIMUM $9.74.
As I stated in my previous letter, “in the past this Service Fee has been called Net Rate Minimum and KW Usage”. The Borough is deceiving its customers by not only changing the terminology. It is also changing the amount from $9.15 to $9.74.
Aren’t the subscribers of the Borough entitled to a Council vote and a notice of title change and amount? Is the Borough trying to circumvent my complaint to you?
Thank you.
Sincerely,
Gennaro A. Marino P.E.
Subscribe to:
Posts (Atom)
Posts
