Turf Company Knowingly Sold Bad Product to Maryland Parks, Lawsuit Says

An artificial turf company accused of selling $570 million worth of defective turf to schools, local governments and parks departments is facing a class action lawsuit from unhappy customers in dozens of states, including D.C., Virginia and Maryland.

The parks department in Montgomery County, Maryland recently joined the lawsuit after officials were forced in March to tear out defective turf at the field outside Montgomery Blair High School. An officials said the replacement cost taxpayers $700,000.

"We know that if a kid falls and hits their head on something that hard, whether it be a cement sidewalk or artificial turf field that has deteriorated, the danger is concussion or death from the impact," concerned parent Janis Sartucci said...

https://www.nbcwashington.com/news/local/Turf-Company-Knowingly-Sold-Defective-Unsafe-Product-Lawsuit-Says-470776623.html

Warning: Casey Anderson and Montgomery Parks are Not Telling Parents About Danger of New Park! @caseyandersonPB @MontgomeryParks

Casey Anderson and Montgomery Parks are celebrating the opening of a park in Kemp Mill. The surface of the new urban park is made from ground up tires.  It is a well known fact that ground up tire athletic or play surfaces get much hotter than natural grass.

MCPS has now posted warning signs (see below) on artificial turf fields due to the dangerous conditions of these fields on warm or hot days, but Casey Anderson and Montgomery Parks are not warning parents and children about the dangers of these surfaces.

According to MCPS Heat Index guidelines, if the Heat Index is over 105 degrees there are to be no outdoor activities.  Is Montgomery County Parks going to close these playgrounds when the Heat Index is 105 degrees or higher?

Community Use of Public Facilities advises field users to vacate the field at times of excessive heat and users will receive a credit of their rental fee. 

Parents can monitor the daily Heat Index at the National Weather Service website before sending kids to play on ground up tire playgrounds.

Temperature reading from Kemp Mill Park on June 30, 2017. Credit Sheldon Fishman. 

MCPS Heat Guidelines

The following is MCPS heat guidelines that apply specifically to activities conducted on artificial turf fields. 

• Anytime the outdoor temperature exceeds 80 degrees, coaches exercise caution in conducting activities on artificial turf fields. 
• When outdoor temperatures exceed 90 degrees, coaches may hold one regular morning or evening practice (before 12 noon or after 5:00 pm). 
• When the heat index is between 91-104 degrees between the hours of 12:00 noon and 5:00 p.m., school athletic activities are restricted on artificial turf fields to one hour, with water breaks every 20 minutes.

A heat warning sign is posted at all artificial turf fields to inform community user groups.

http://www.montgomeryschoolsmd.org/departments/facilities/maintenance/default.aspx?id=496174

Roger Berliner Met with FieldTurf as Parks and MCPS Scrambled to Address Artificial Turf Safety Issues #GMAX #FieldTurf @RogerBerliner

In the Summer of 2016, an article on Forbes online detailed the dangerous condition of the Walter Johnson High School artificial turf field.  That article caused MCPS and Montgomery Parks to scramble to respond to questions about the safety of all of the artificial turf fields in the county.

By October of 2016, Montgomery Parks knew that their artificial turf field behind Blair High School had failed and needed to be replaced.  Quietly, Montgomery Parks allowed 3 artificial turf vendors to make presentations to their staff. FieldTurf, the no bid vendor that has supplied Montgomery Parks and MCPS with artificial turf fields since 2009 was one of the vendors permitted to make a presentation.

E-mails obtained by the Parents' Coalition detail that during the FieldTurf presentation to Montgomery Parks staff on November 14, 2016, FieldTurf stated that they had a "new product that they had recently showed to Council Member Roger Berliner."  

Why is a Montgomery County Councilmember meeting with a no bid vendor?

The Montgomery County Council funds artificial turf on MCPS and Parks fields, but does not actually contract for the construction projects.  Why would a Councilmember be meeting privately with a vendor, especially during a time when the safety of existing FieldTurf artificial turf fields was being scrutinized?

Remember that the law firm Roger Berliner worked for before coming to Montgomery County has been the NYC lobbyist for FieldTurf.

Here is the e-mail from Montgomery Parks that describes the FieldTurf presentation to Parks staff on November 14, 2016.

  2016 December FieldTurf Met With Berliner by Parents' Coalition of Montgomery County, Maryland on Scribd

Exclusive e-mail Shows how Local Parks Funding was used to Pay for Blair High School Defective Artificial Turf Replacement

On May 15, 2017, the Parents' Coalition of Montgomery County, MD revealed how Montgomery Parks shifted funding from Local Park projects to the Blair High School emergency artificial turf project.  The Blair High School artificial turf field was replaced without any public notice and without any public process.  The procurement was another behind closed doors purchase of a plastic playing surface.

Here is the e-mail that explains how the Blair artificial turf was to be purchased.  Note that the Director of Montgomery Parks was to be briefed on this funding change.

  2016 Nov 4 Local Park funds deferred to pay for Blair High School artificial turf by Parents' Coalition of Montgomery County, Maryland on Scribd

Will Montgomery County Parks Join the Class Action Lawsuit?

...“The synthetic turf installed by FieldTurf in 2009 has been steadily breaking up for the past several years,” said Dr. Scott Penland, Cherokee Central Schools superintendent.  “It has an eight year warranty.  We asked them to come in a couple of years ago and address our concerns.  They did come and make some corrections, but did not attempt to fix the fibers that were breaking up.”
He added, “I found out that several other schools were suing FieldTurf because they knowingly installed a ‘faulty’ product at that time.”

Dr. Penland contacted attorneys involved in a larger class-action lawsuit who visited Cherokee.  “Once they saw it, they agreed to add us to the ‘class action’ lawsuit at no cost to Cherokee.  If successful with the case, the attorneys will get a percentage of the amount we are awarded.  It is a win-win for us.”...

https://theonefeather.com/2017/05/new-turf-being-installed-at-cherokee-lawsuit-filed/

Exclusive: County Parks that Lost Funding to Pay for the Replacement Blair HS Artificial Turf

The artificial turf football field at Blair High School in Silver Spring failed.  The Blair football field is on M-NCPPC (Montgomery Parks) property. 

The artificial turf surface at Blair High School failed while under warranty from FieldTurf.

But, Montgomery County Parks did not replace the field under the warranty.  Instead, they bought a new field from a different company. 

Where did Montgomery County Parks get the $725,117 from to pay for this new artificial turf football field?

Everyone must already know the answer to this question because we live in award winning, transparent Montgomery County, right? 

For those that do not already know how this replacement plastic field on top of stone was funded, here is the list of Montgomery County Park projects that were deemed "not politically sensitive" and the funding for these projects was deferred by Montgomery County Parks to pay for the new Blair High School plastic football field. 

Was there any public notice or opportunity to comment for these communities?

Infield renovations at South Germantown and Ridge Road, Germantown

Fencing replacement at Sundown Road Local Park fields 1 and 2, Laytonsville

and Johnsons Local Park, Gaithersburg

6 rectangular field renovations (unknown locations)

Ridge Road Recreational Park:  Bleacher and access improvement construction, Germantown

Northwest Branch Recreational Park - irrigation, Aspen Hill

Thanks to all those "not politically sensitive" communities, Blair High School has a brand new plastic football field!  You are welcome to use it anytime!  That is, anytime you pay the rental fee.