Thursday, March 6, 2014

Appeasing a select few?

I wanted to take a break for a couple of days, but I want use of my dining room table again. So here is another chapter from my mother of all RTKs.
Elaine

On  November 6, 2013, Dave Franklin writes:
"My primary concern was that the proposal seemed to place a particular emphasis on the organic product. I didn't want to let that horse too far out of the barn, and then have a difficult time pulling him back in."

In his email, Dave knocks GeoTurf's endorsement by the Green Energy Council. Dave continues with the cost of GeoTurf being significantly higher than traditional synthetic surfaces. He feels that Mt. Lebanon can't afford a more luxurious surface. Dave "doesn't want to rain on the organic parade, but I am [he is]  troubled about driving the cost up even further just to appease a select few in our community, especially when nearly every other community, School District, University and other turf customer is content  to use the traditional surface. In our efforts to satisfy this vocal minority, we may really just be buying a pig in a poke." He quotes an article written about renovating a football field in Dobbs Ferry, NY. Lebo's space would be much larger.
The Geo-turf field is expected to cost $1,721,969, about $310,000 more than the cost of a synthetic field with recycled tire infill and about $1.2 million dollars more than a new grass field.
John Bendel answered Mr. Franklin.with:
I get the rationale if the cost is significantly higher for organic fill, but don't know why the endorsements are in question. The product is used in other countries and I spoke with the public works director in San Carlos,CA. I called him because their project was almost identical to ours. The PW Director endorsed the product and told me they may use it on another field. Last year, the Geoturf vendor quoted a price that was in line with the YSA proposals. Dan Deiseroth's opinion of cost assumed organic fill.

If it costs about the same, and performs well, why not use it? If the price is significantly higher than other options then that's a different story. l'd like to wait until the bids come in to decide.
Good question, John. But then Kelly Fraasch's November blog post hit on November 13, 2013.

The icing on the cake is right here. SAB chair and Turf Project Task Force member Tim White wrote this to Kristen Linfante on November 19, 2013:
As is always the case, K Fraasch has us concerned - she is on record with some folks that she wants more information, wants to make sure the turf is the organic product (not the rubber product) and that she is proposing to use the Brafferton money (only).........usual BS
Obviously, Tim didn't read Kelly's November 13 blog post very carefully. She was pretty transparent on her position. Why shouldn't she want more information? This is a major project. She is concerned about the environmental and health issues related to artificial turf. That is BS? I wish we had four more commissioners concerned about the environment and the health and safety of our young athletes.

But Kristen summed it up with "No worries! We only need 3 votes, and we have them! It's a go for sure! Thanks for all your work on this!" Wasn't the vote on November 25, 2013? You know, the night that Kristen lied about the ESB's position on artificial turf?

Poor Dave Franklin. My blog post, "Whoa," says the EPA. came out on January 13, 2014. David P. Franklin, Esq., Eckert Seamans fired off an epistle to the commissioners on January 14, 2014. He encouraged the commissioners to review the actual 2013 EPA report (attached) rather than relying upon "position pieces written by those on either side of the debate." I wonder why the formality.

David Donnellan got in the act. He sent a 2010 turf report provided by J. T. Sauer and Associates on January 15, 2014 to members of the Turf Project Task Force. Sauer is the landscape architect involved with the turfing project.

So Parents, that is a little more background on the organic vs. synthetic turf debate. Are you part of the select few who demand a safe playing environment for your children? ESB and residents on Cedar Blvd., do your concerns for the environment make you the vocal minority? Have you reached that breaking point yet?

27 comments:

Anonymous said...

You're doing a wonderful job of exposing these creeps, Elaine, using their own words to make us more fully aware of their true trickery, chicanery and deceit.

Thank goodness for the RTK law and Office of Open Records and your ability and willingness make them work for us !

Anonymous said...

We (SAB) discussed / agreed to move on support via electronic methods

? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ? ?

Anonymous said...

Didn't Sauer pooh-pooh organic turg in the last discussion session, inferring that it had a short life span and required extensive maintenanxe and care.
So our choices are stick with real grass (perhaps call Hummer Turfgrass Systems) which is less expensive, toxic artificial turf or organic turf which Sauer doesn't endorse.
Guess we'll probably go with Franklin's choice because the sports groups are hard pressed to find public revenue they can define as private contributions.

Anonymous said...

So, did Mr Franklin write that mail on behalf of his employer? Are they involved as well?

Anonymous said...

I think Franklin is using his employer's address to show that he is still employed as a lawyer. Believe this might be the third law firm he's been with over the past three years. He's apparently not very busy.

Anonymous said...

Attorrney client privilege ? Is this his way to beat the sunshine law ? Are your missing emails in your Right to Know from David P. Franklin Esq. and this one escaped from the Manager ?

Lebo Citizens said...

At Dan Miller's Right To Know Informational Session, we learned that Disclaimers may be meaningless.
Elaine

Lebo Citizens said...

I just had a thought. Maybe that is how Dave Brumfield never has emails. Only three showed up in my RTK. In all the RTKs that I have filed with the municipality, this was the first time I received anything from Dave Brumfield.
Attorney-client privilege my foot. Also, at Miller's Session, we learned that text messages are subject to the RTK law. I NEVER received any text messages in ANY RTK filed with the municipality or the school district.
Elaine

Anonymous said...

http://www.openrecordspa.org/rtkcourt_files/2013_0424_%20attorney-client-privilege-doesnt-protect-client-IDs-description-of-services.html

Anonymous said...

I wonder if Donellan, Franklin, the SAB, the TUrf Advisor or the commissioners would indulge their constituents and show us any research they did in keeping our fields natural grass.
What turf grass conpanies they contacted, their opinions on our field conditions and their estimates for improving them.
Surely, they have documents and preliminary estimates otherwise how do they know artificial turf is the best option?
You think they'd be anxious to provide hard evidence on why they prefer artificial turf over natural grass!

Anonymous said...

Elaine have you asked Brummie why there were only 3 emails concerning turf when he openly admits that he has worked on this for over 4 years? I realize that he isn't very bright and a complete failure as a lawyer but the math doesn't really add up. If you believe him (I DO NOT) when he says that his neighbors and area residents support turf where is all that evidence? I'm sure today that a vast majority of those people would have supplied their views by either text or email. Lets not forget snail mail... Did you get any letters or memos? At work we are required to keep a log of ALL telephone conversations which includes the subject of the call. Did you get any of these?

Anonymous said...

I don't know about other companies but if I would use my work email for private business or try to represent myself as working for my company in private matters, they would take the issue seriously. Many companies have systems to scan the web for the mention of their name to protect their brand.

I just have to wonder, is Dave running this as our sixth, un-elected commissioner and as an employee of the lay firm he works at? It changes the dynamic of the argument if we have a major law firm lobbying for putting artificial turf in our back yards. If there are lawsuits down the road, would the law firm lobbying for the artificial turf be liable as well?

Lebo Citizens said...

The Open Records Officer for the Municipality is Manager Steve Feller. By his own admission, Steve did not ask commissioners for personal emails. I asked for all communication in my RTK. This includes emails, letters, text messages, letters, memos, etc. I filed an appeal with the Office of Open Records in Harrisburg on Monday, March 3, 2014 at 4:41 PM. I believe Steve has until next week to provide them. The burden of proof is on Mr. Feller. According to the municipal video from February 24, 2014 Discussion Session, Commissioner Dave Brumfield has been trying to get artificial turf on our fields for four years. I am also appealing because of the lack of "communication" from Mr. Brumfield. On my website, Lebo Citizens Right To Know business done on personal emails are not exempt from the Right To Know Law.
Elaine

Lebo Citizens said...

Oops. I listed "letters" twice. Sorry about that.
Elaine

Lebo Citizens said...

7:27 AM, don't forget Susan Morgans' hard copy article in this month's issue of mtl Magazine. If you are available to volunteer, contact Dave Franklin at dfranklin@eckertseamans.com. I just checked the online article, and it was changed to Dave's personal email address. I did not save my copy of the magazine, so if someone would be so kind to scan it for me, I would appreciate it.
Elaine

Anonymous said...

Sorry, but this exercise is a complete waste of time and energy. Turf will happen and there is nothing that anyone on this blog can say or do that will stop it.

No one is going to resign. No one is going to suddenly change their perspective. It is a done deal. Period.

We all knew that this would be the outcome when the original rec bond was not supported by all commisioners.

Lebo Citizens said...

You WOULD like to think this is a complete waste of time and energy. Period.
Elaine

Lebo Citizens said...

I certainly have a different perspective of the Susan Morgans fundraising article, after reading the RTK information. Dave Franklin talked about national grants. We have a little more background on that whole thing. That is just one example. I tried to make a copy of the online version of the fundraising article, but the ebooks version is not allowing me to copy it. When scanning the hard copy version of the article, please email the pdf to me at egillen476@aol.com.
Thanks.
Elaine

Anonymous said...

The print edition contains Mr. Franklin's work email.

The electronic edition contains Mr. Franklin's personal email.

Mrs. Morgan, making changes to the Magazine is disingenuous. Is this a habit of yours?

Lebo Citizens said...

8:01 AM's comments also support the change in the Home Rule Charter, don't they? The change will permit bonds to pass with a three vote majority, instead of a four vote majority. 8:01 AM, thank you for bringing that to our attention.
Elaine

Anonymous said...

Here's an example of Franklin's arrogance and pomposity.

He writes: "just to appease a select few" yet he has no comptehension that he may in reality be one of the "select few," the "vocal minority" that wants artificial turf.

Want to debate it Mr. Franklin? Lobby for the 3 alternatives for a referendum vote.
Vote for one...
Natural grass fields
Crumb rubber infill artificial turf
Organic infill artificial turf

We'll see who's in the "vocal minority"... one of the select few, won't we!

Anonymous said...

Elaine I hope you are getting private emails of gratitude from the community about this work. This is a huge crack in the transparency chest. Great job! Also huge support for Commissioner Frasch. She continued to speak about environmental concerns even when it wasn't popular with her peers on the Commission. No matter D or R everyone should thank Commissioner Frasch. She has obviously gone through a bunch of sh*t I can't imagine the private talks that have happened behind closed doors.
I have no respect for the other commissioners.
Ashamed Field Hockey Parent

Anonymous said...

Does Dave Franklin dismiss the endorsement of the Fédération Internationale de Football Association (FIFA) as well?
http://www.geoturfusa.com/g/media/press/csrwire/

Lebo Citizens said...

12:18 PM, I am not looking for emails of gratitude. I look at this as a great birthday present. My birthday is on the 13th and Sunshine Week starts on the 16th. I am thankful that we have the Sunshine Law. Now if we could just return to a local govt. minus backstabbing, backroom deals, lies, and personal agendas, I would be thrilled.
Elaine

Anonymous said...

12:53...

GeoTurf (Limota) states this on their website: http://www.geoturfusa.com/g/why-geo/

"8-year system guarantee protects your investment
Fields with Geo Safe Play turf can be used throughout this time with up to 50 hours per week of intesive practice in any sport, and feel more like natural grass than other alternatives."

Lets see. 50 hours/week divided by 7 days/week = 7.14 hours per day.

9 am to 9 pm on Saturday and Sunday is 24 hours, leaving just 5.2 hours each day M-F before you go over GeoTurfs recommended usage.

Either that or you blow the 8 year life expectancy out of the water.

Hard to see how Bendel will get his 60% more game time in on this turf!

Anonymous said...

Correction @ 2:23.

Thats Limonta not Limota.

Anonymous said...

$1,200,000 divided by 8 years = $150,000/year.

You could hire someone to manicure the natural grass turf with cuticle scissors and not spend $150,000 year maintaining it.
Its doubtful the municipality spends $10,000 now.
The old YSA budget for maintianing ALL the fields was around $82,000 if memory serves.