Residents Appeal Lighted Artificial Turf Fields at Julius West Middle School

 July 11, 2018

Maryland State Board of Education

200 West Baltimore Street

Baltimore, MD 21201

Re: Montgomery County Board of Education

To the Maryland State Board of Education:

This letter appeals the June 12, 2018, decision of the Montgomery County Board of Education (Local Board) to approve Agenda Item: Award of Contract – Installation of Artificial Turf Fields at Julius West Middle School and Albert Einstein High School. (Attachment A). The undersigned reside in Montgomery County, Maryland.

This appeal is made by Janis Zink Sartucci, Bonnie Clausen, Douglas Dull, Rosanne Hurwitz, Eileen Sherr, Carol L. Starr, Peter Lovell, and Jason Mitchell (Appellants) to the Maryland State Board of Education (State Board). The State Board has authority to hear this appeal pursuant to the Code of Maryland as outlined in Code Section 13A.01.05. The State Board can substitute its judgment for that of the County Board because this decision was arbitrary, unreasonable, and illegal. The decision was contrary to sound educational policy and is an abuse of discretionary powers. A reasonable mind could not have reasonably reached the decision reached by the Local Board.

Award of Contract – Installation of Artificial Turf Fields

The first “whereas” in the Local Board's Memorandum on this Action (Attachment A) states that this Action item is:

“in accordance with the settlement agreement with Montgomery Soccer, Inc.;

The Local Board's Action did not include the “settlement agreement” nor any details as to what this document may detail.

The fourth “whereas” in the Local Board's Memorandum on this Action states:

WHEREAS, The scope of the project at Julius West Middle School includes the construction of two fields, one full-size field and an additional smaller field, as well as the installation of lights;

The Memorandum does not contain any additional information.

No documents detailing the “scope of the project,” actual size of the fields, or details about “lights” were presented in the Local Boards Action item.

This Action item appears to involve the Local Board turning over public school land to a private entity. The terms of this alleged agreement are unknown to the public.

The Julius West Middle School site is contiguous with two Maryland State roads (270 and 189). This Action item also appears to involve the construction of “lights” of unknown specifications next to these two State roads.

Alleged Settlement Agreement

Appellants do not have access or information as to what is contained in the alleged Settlement Agreement.

The Local Board Action item did not include a Settlement Agreement and did not detail what the alleged agreement may contain. Local Board members were not provided with any of this information for their public deliberation of this Action item.

This transfer of public school land to this private entity has not complied with Maryland or Local Board procurement requirements and has not complied with Maryland law with regard to the disposition of public school land.

Appellants are concerned that the alleged Settlement Agreement may contain agreements that violate Local Board and State procurement laws and regulations, as the alleged Settlement Agreement is being put forth to transfer public school land to one private entity (Montgomery Soccer, Inc.). The transfer of this land to one private entity has not complied with public school procurement laws or regulations and is a violation of the trust given to Local Board with regard to public school land.

Julius West Middle School fields

Local Board did not review or approve any “scope” of work documents for the Julius West Middle School fields referenced in this Action item. Appellants do not have any information as to the size, location, or details regarding the field work that the Local Board allegedly approved in this Action item.

Included in the Local Board's Action is a reference to “lights” for the Julius West Middle School field. No plan for “lights” has been presented to the Local Board and Appellants are unable to determine what these “lights” will entail. Appellants are concerned that any “lights” installed on the Julius West Middle School field will impact one or both of the Maryland State roads that run contiguous to the Julius West Middle School property. In addition, Appellants are concerned that any “lights” installed will impact homes surrounding the Julius West Middle School property.

The Maryland State Department of Transportation, Office of Traffic and Safety reports that they have not been contacted about the installation of lights next to these State roads and have not reviewed the proposal. Appellants have serious safety and health concerns regarding the placement of “lights” next to these State roads. If these “lights” will impact the movement of traffic on these State roads the impact of this Local Board action could put the Appellants and public at risk of harm when using these State roads. The “lights” could also seriously impact the neighbors to this property and could diminish property values.

Maryland State Finance and Procurement Section 14-412 requires energy efficient outdoor lighting fixtures, but Appellants are unable to determine if this Local Board Action complies with this State requirement.

Conclusion

For the reasons stated above, Appellants requests that the State Board rule the Local Board's approval of this June 12, 2018, Action item to be null and void, and direct the Local Board to immediately halt the construction of artificial turf fields at Julius West Middle School and Albert Einstein High School.