My 1st RTK in 2010 was about the toxic turf at the High School

Please sign this petition if you want to halt public funds for use of artificial turf at Wildcat and Middle Fields.

I was reminded of my very first Right To Know. As it turns out, it was about the lead content in the artificial turf at the high school. Imagine that. Four years later, I am still writing about toxic turf. The analytical report is disturbing. Our children play on this. Relay for Life uses it every year. OMG.

The High School turf was supplied by General Sports Venue. I tried to reach them by phone, but I think they are no longer in business. That is unfortunate, since our Athletic Director John Grogan wrote such a glowing review to the company. In fact, look at what is on page 4 of the company brochure:

AstroTurf’s GameDay Grass all-rubber infill systems are composed of highly durable cryogenic rubber, extracted from post consumer recycled tires by certified recyclers all across the US. These materials have been rigorously tested by the international scientific communities for both environmental and human health hazards and have been found to pose no risks. In fact, the EPA approves the use of post-consumer tires for the purpose of athletic fields. In a typical field, AstroTurf will use up to 12,000 recycled passenger tires.

Here is what the EPA is saying now.   http://www.epa.gov/nerl/features/tire_crumbs.html  It shouldn't even be in our playgrounds!!!

The AstroTurf at the high school will need repeated antimicrobial treatments due to the standing water caused by poor e-layer drainage.  http://www.astroturfusa.com/

Turfaide is an antimicrobial treatment designed to prevent stringy fungus from clogging the drains. It was not designed to kill MRSA. Turfaide needs to be applied every 90 days. According to  http://www.antimicrobial.com/products/turfaide/, it takes 240 gallons of the stuff to cover our 72,000 sq. ft. It costs $169.99 for 5 gallons or http://www.centaurmaintenancesupplies.com/newproducts.html $157.99 for 5 gallons
http://www.shopwechem.com/products/turfaide-spc-d__turfaide-spc-d-spc-.aspx
We'll say, at $160 for 5 gallons, it's $32 a gallon. $32 times 240 gallons is $7,680 every 3 months or $30,720 a year.

The FAQ says a specialist needs to apply the product:
http://www.fieldprotect.com/faq.html

Q.Can I apply it myself?
A.No. The long-lasting treatments of TurfAide 2 and TurfAide 4 must be applied by Sport Coatings certified applicators due to EPA regulations. However, the entry level maintenance program of TurfD involves training of a local field manager on the proper application technique so that subsequent applications may be self-applied.

Check out this article about Turfaide and MRSA:

William C.H. White, who also happens to be the CEO of AEGIS Environments, which produces the microbe material in TurfAide: "The idea that we are controlling disease organisms, we don't make any claims about that. And we won't. The microbe problems on synthetic fields have to do with biofilms causing sliming and plugging of drainage. They have to do with staining. What we're concerned about are the odors that can be generated both by aerobic and anaerobic organisms within the matrix. These are things that can be avoided to increase the life and functionality of the field."
But is applying anti-microbial products on a field a viable solution?
Hageman isn't so sure. "When it comes to turf, we do not know if that will prevent infection," he said. "There's just no data to support that it prevents infection."

-------------------------------------------------------------------------------------------------------------------------------

From: David Reese
Date: July 19, 2010 10:11:10 AM EDT
To: "'John Ewing'","'Dan Goff'"
Subject: RE: California sues Astroturf
I’m breaking my self-imposed rule of ignoring you. Probably Ed Kubit, along with a host of other people, has the same self-imposed rule.
As usual, you go off half-cocked over a subject you know virtually nothing about. Our consultant, Milo George (one of the foremost natural and artificial turf experts in the country), specified the turf properties and appropriate e-layer that best fit the requirements of our athletic programs (in general, a monofilament fiber, all rubber infill, 48 oz. face weight, etc.). Manufacturers bid on the spec, not “Tiger Turf”, A-Turf, Field Turf Duraspine or any other number of “brands”. Our coaches and players seem to be absolutely delighted with the product and are anxious to begin play on it. Maybe you should talk to them, eh?
Oh, and just an FYI: we had the old decrepit turf independently tested for lead content last summer when we were trying to get people to respond to the need for replacement. We had a company from Cranberry test it with a Thermo Scientific Niton XRF Analyzer (the same device companies use to test for lead and other elements in toys, consumer goods, etc), and all of the readings came in between 21 and 40ppm. There is no reason to believe that the new turf would show different results.
Whether or not you choose to believe it, we got a first class product at an incredibly fair price.
Maybe you should devote your valuable time and resources to continued stonewalling of the high school renovation. It seems like everyone but you are happy with the new turf.
DGR

So what IS a safe level for lead? The Consumer Product Safety Commission has ordered an enforcement review of marketing of artificial turf products for children because the agency has found lead levels in artificial sports fields above statutory limits in children’s products. Significantly, there is no safe lead exposure level for children.

The following shows the bidding irregularities on the toxic turf back in 2010.

From Josephine Posti's blog http://jposti.blogspot.com/2010_03_01_archive.html:
We will take action on awarding the turf replacement project to the lowest responsible bidder (General Sports Venue) for $406,693. This project was originally estimated to be $750,000. Due to a technical error in the bidding process, we had to re-bid the project, thus action at a public committee meeting.

School Board Approves Turf ReplacementMarch 25, 2010 At the March 25, 2010 Audit/Finance Committee meeting the School Board awarded the High School field complex synthetic turf replacement to General Sports Venue in the amount of $406,693. Work on the turf will begin on June 14 and is scheduled for completion by July 20th, weather permitting.

There should be a movement for turf abatement at the high school. It should be removed from our playgrounds. It is toxic, yet our school board, commission, and staff endorse artificial turf and want even more!

Update May 6, 2014 6:39 PM A reader read this post about standing water on the high school stadium turf. Both photos are from the same area, just taken at different angles at the stadium.

With mixed emotions...

I filed a Right To Know for the list of tax liens for 2011 on Monday evening. My RTK was granted this morning. Josephine Posti sounded giddy during Monday's meeting when she singled out the media to say that this list will be available to publish. I apologize in advance if this causes any heartache for those individuals who can't afford to pay their taxes and have filed bankruptcy. My heart goes out to you. The taxes here are outrageous and it is a struggle to pay them.  I do see a familiar name who was endorsed by the Mt. Lebanon Republican Committee, instead of me.  For that reason, I am publishing this list.

2011 liened properties

Tim Steinhauer, Tom Peterson, and Jan Klein were cc'ed on the email.  I never saw a RTK granted so quickly.

Someone is lying. UPDATED

A little history...June 7, I posted this thread, NSF YSA Makes The Trib!

Then-school Superintendent John Allison dismissed the amount owed in 2008 because of the group's insufficient funds;

June 20, 2012, this appeared on Lebo Citizens. Another hole in Jan's story - Updated 2x - 990's added - Trib's correction This sums up the thread:

For the record, I never did see the statements from Jan Klein that Chip Dalesandro was referring to in the post, I had a visitor today...  How could George Wilson dismiss the amount owed when he wasn't even the superintendent? Who dismissed it? The School Board at that time? Or was it Jan Klein?

On June 20, 2012, I filed two Right To Know requests with the School District. I heard from Mrs. Szalinski on June 26 with this response and this response, both requiring extensions up to thirty days.

That brings us up to today. I heard from Mrs. Szalinski by email. Dr. Tim Steinhauer, Thomas Peterson, and Gavin Robb were cc'ed. Peterson and Robb are with Tucker Arensberg. I don't understand why two attorneys would have been involved. Double legal fees?

Here are the responses.

On June 20, 2012, you requested any and all communication regarding the dismissal/forgiveness/release/waiver of funds owed by the Youth Sports Alliance for the years 1998-present by any superintendent, financial director, school board director, or YSA member. Please be advised that the District is not in possession of any records responsive to your request. Official response

On June 20, 2012, you requested any and all communication between Jan Klein and Chip Dalesandro regarding the YSA payment schedule and funds received. Please be advised that the District is not in possession of any records responsive to your request. Official response

So no records of ANYONE dismissing YSA fees in 2008 or ANYTIME. No copies of records that Chip has in his possession from Jan Klein accounting for all of YSA's payments. Where are the records? If there is nothing, why were two attorneys involved? Why the extensions?

Update: July 20, 2012 3:10 PM An important seminar for the YSA:

501(c)(3) Status: Keeping it Legal with the IRS
	This full day workshop hosted by the Bayer Center for Nonprofit Management and presented by IRS Exempt Organizations specialists, explains what 501(c)(3) organizations must do to keep their tax-exempt status. Topics covered will include: Tax-exempt status Unrelated business income Employement issues Form 990 series Required disclosures Fee is $50 and includes lunch. This session will take place at the Robert Morris University Holiday Inn at 8256 University Blvd. Moon Township, PA 15108 on Tuesday, September 11 from 8:30 a.m. - 4:00 p.m.For more information go to www.stayexempt.org. Pre-registration is required. Register online or by calling Shelby Gracey at 412-397-6000.

What exactly happened at the school board meeting?

I have had a couple of emails asking about David Huston's comment at last night's school board meeting. Here is part of one email exchange.

Could you (or if you'd prefer, feel free to forward this to Mr. Huston) explain, in simple terms, the Sunshine Act and how it applied to the meeting last night from your perspective? Thank you so much!

 My response:

Thank you for contacting me through the blog. I have copied David Huston on this email. Do you know that the podcast is available here? http://www.lebocitizens.com/Lebo_Citizens/Podcasts/Entries/2012/7/16_School_Board_Discussion_Business_Meeting.html

For information on the Sunshine Act, I have this link on the website as well. http://www.elc-pa.org/pubs/downloads%202009/GettingInformationAboutYourSchool6-09.pdf under http://www.lebocitizens.com/Lebo_Citizens/Right_to_Know.html 

I found this website too that might be helpful. http://sunshinereview.org/index.php/Pennsylvania_Sunshine_Act 

Here is what I see as the issue about having the meetings combined. The first meeting in the month is when there is discussion about an agenda item. The school board is very tight lipped about their agenda items. These issues were introduced (briefly) and then voted upon all in one motion. David is absolutely correct in what he said.

David Huston explained it much better.  Here is what he wrote:

I wish more people tried to find out what is going on. I could sit here and type many hours all about the Sunshine Act, but for now I will attempt to clarify what I said last night.

Our lawmakers crafted the Sunshine Act specifically to allow folks to not only see government function but also to allow and encourage public participation. It's why we go to government meetings, and gets to the very reason America its allegiance with Great Britain. The Commonwealth of Pennsylvania is the oldest civilized government on the North American continent, with the Pennsylvania State Constitution the first contract with its citizenry.

From the Sunshine Act, 65 Pa.C.S.A. Section 702:
The General Assembly finds that the right of the public to be present at all meetings of agencies and to witness the deliberation, policy formulation and decisionmaking of agencies is vital to the enhancement and proper functioning of the democratic process and that secrecy in public affairs undermines the faith of the public in government and the public's effectiveness in fulfilling its role in a democratic society.

It is truly a shame the Sunshine Act is not adhered to or enforced the way its authors intended.

Much more information is available at:
http://www.pafoic.org/

Typically the School Board has two open meetings a month. One is the Discussion meeting, and the second one is the Business meeting. This month we had a "Combined" meeting. I do not think it is possible to have a combined meeting. You can only have one meeting, then another; but never two combined into one.
So, we either:
1) Skipped the Discussion meeting this month and only have a Business meeting
  -- This is what I think actually happened
or
2) Go along with what Posti and the agenda stated and have both meetings at the same time.
  --It is not possible for this to happen, but it is my premise for the Sunshine Act violation

Here is the part of the Sunshine Act our School District violated last night:
65 Pa.C.S.A. Section 708 (6)(b) Procedure. The executive session may be held during an open meeting, at the conclusion of an open meeting, or may be announced for a future time. The reason for holding the executive session must be announced at the open meeting occurring immediately prior or subsequent to the executive session.

The District, according to both the agenda and Posti, held both the Discussion meeting and the Business meeting at the same time. The open meeting occurring immediately subsequent to the executive session was the Discussion meeting. The District started the second open meeting, the Business meeting, without announcing the reason for the executive session during the Discussion meeting. The District did not announce the reason for holding the executive session at the open meeting occurring immediately subsequent to the executive session.

I am not a lawyer, but I know when the District is violating the Sunshine Act.

David Huston

I am aware that some school districts may eliminate some summer meetings, but to me, that is not an excuse. Historically, the summer is when things get slipped in here in Mt. Lebanon. If you listen to Josephine Posti, she was encouraging the media to request the list of liened properties for the 2011 tax year. I filed a RTK but I have mixed emotions about publishing it, if or when I get my RTK granted. This is not transparency in my mind.  How many of the liened properties are due to bankruptcy? Josephine seemed delighted to publish the list. How about sharing the salaries? How much did Timmy get? Or Jan?  What exactly was the technicality regarding Jan's salary? How about some transparency there, School Board? To sound excited over people's hardships sounds a little twisted to me. I know that I may be sounding hypocritical since I wanted to publish the scofflaws, but I think this is different.  

Denied!

Want to know who had over $800,000 in unpaid parking tickets? So do I. I filed a Right To Know and received this letter in my mailbox today. Outstanding Parking Tickets RTK Among other things, the Drivers Privacy Protection Act was one reason my Right To Know request was denied.

The parking amnesty program resulted in payment on 111 tickets for an income of $1300.

I am learning quickly that the unreasonable, the uncooperative, and those who are above the law are the ones who seem to be ahead here in Mt. Lebanon.

Can't even title this due to my recent development of Tourette's

I am trying very hard not to interject any profanity for this post. My RTK was just granted.  Here is a copy of the email.

Cc: Dr. Timothy Steinhauer TSteinhauer@mtlsd.net, Thomas Peterson TPeterson@tuckerlaw.com, Jan Klein JKlein@mtlsd.net

Gillen response 2012-30 

Dear Mrs. Gillen,

Thank you for writing to the Mt. Lebanon School District with your request for information pursuant to the Pennsylvania Right-To-Know law.

On June 18, 2012, we received your request for a copy of the YSA payments made by date for years 1998-present which Dr. Steinhauer presented to the school board directors at the June 11, 2012 school board meeting.

Attached is a response to your request.

Please acknowledge receipt of this email.

Sincerely,

Jeanine Szalinski
Administrative Assistant/Open Records Officer
Superintendent's Office
Mt. Lebanon School District
7 Horsman Drive
Pittsburgh PA  15228
412.344.2077

YSA Payments from 1998-present

Have fun with this one, guys! Don't miss the response. No document was presented to the Board at the June 11 meeting. I want to thank Mrs. Szalinski for providing the information I requested.

The never ending story about YSA contributions

Last week, I had sent the following email to the school board.

From: egillen476@aol.com [egillen476@aol.com]

Sent: Saturday, June 16, 2012 10:12 AM 

To: School Board Email list 

Subject: YSA payment schedule 

School board directors, 

Would one of you be so kind as to share a copy of the YSA payment schedule which Dr. Steinhauer passed out to you at last Monday's meeting? Since Mrs. Szalinski is working on so many other RTK's that are coming her way, perhaps you can lighten her workload a tad and share this information with me informally. 

Elaine Gillen

From:  Josephine C. Posti <JPosti@mtlsd.net>

Date:  Mon, Jun 18, 2012 1:43 pm

Mrs. Gillen,
In accordance with Commonwealth law, please send in a Right to Know request and 
Mrs. Szalinski will process your request.


For the Board,

Josephine Posti
President
Mt. Lebanon School Board
412.667.1479
http://jposti.blogspot.com/

Mission: To provide the best education possible for each and every student


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So it looks like I have to file another Right To Know. 

While I am on the subject of RTKs and the YSA, a RTK was granted today with these results.
RTK George Wilson/YSA

So that puts a hole in the story that Jan Klein told the Trib.