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Patterson Mill High School Track Restoration - Position Paper

Action Recommended: Do not accept the existing HCPS staff proposal. Take action
as recommended below to include installing a National Federation of State High
School Associations regulation track (The State of MD is a Federation member).

Issue: The Patterson Mill Middle/High School(PMMHS) community learned just prior
to May 24, 2010 that the Harford County Public School (HCPS) central administration
was recommending that the County Board of Education, approve a $74,900 change order
be issued to change the dimensions of the school physical education and athletic running
track. Testimony was presented to the Board questioning the upgrade proposal, why
HCPS was funding any of the necessary changes and why the 440 yard track was
accepted rather than a 400 meter (M) track. The 400M track has been the state and
national standard for over 30 years. The proposed changes do not meet the state and
national standard of an 8 lane, 42 inch per lane, 400M track. The original HCPS
PMMHS Education Specifications Committee site building direction (Part III, Project
Design Factors) was for an 8 lane, 400M track. (See National Standards Attachments)
By motion of Board Member John Smilko and unanimous consent of the members, the
item was taken off the consent agenda.

Background:
New and refurbished recreation, professional and amateur competition running tracks
have been constructed as 400M tracks since the passage of the Education Amendments of
1974 (Public Law 92-380) and U.S. Metric Act in 1975. In line with the universally
recognized Olympic, international and U.S. standards the Maryland Public Secondary
Schools Athletic Association (MPSSAA) has been keeping state track records in metrics
since 1980 according to its staff.

A meeting was held Thursday, June 4, 2010 at the request of representatives of the
Patterson Mill Parent Teacher Student Association (PTSA) and the PMHS Athletic
Booster Club with HCPS representatives to collect more information. Following are just
some of the notable issues from the meeting:

1. Mr. Cornell Brown, the current operations manager for HCPS, stated that a 400M track
was specified to the site design contractor, Site Resources, Inc. The design specifications
presented to the track building contractor and executed were for a 440 yard track. Site
Resources, Inc., the design contractor for the entire outdoor facility to include the track
and field design layout has stated it will redesign the track as a cost share with HCPS but
is not currently agreeing to pay for construction costs to correct the inaccurate design.

2. Mr. Brown stated that the HCPS construction project team, at the time four years
ago, learned of the error during the track painting phase of construction and still accepted
the quarter mile track. The informational report presented by HCPS to the Board on May
24 stated, After the construction and building occupancy, it was discovered . In the
June 4 meeting with Booster and PTSA representatives, Mr. Brown did not identify who
accepted the erroneous work, why the track was accepted as a completed project, and
would not specify the exact cost sharing arrangement, saying that was still under

Patterson Mill High School Track Restoration - Position Paper

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negotiation, although it was noted the Board had a funding amount presented for approval
on May 24th.

3. PMHS administration and athletic officials have known about the error since the
school opened over three years ago. Non-PMHS track competition school officials have
commented to PMHS personnel about the inaccurate track dimensions; other related track
and field shortfalls, and the effects involved. It is notable that this facility had special
track turn lights installed so that regional, state and other large sanctioned meets could be
held, and additional revenue could be raised to benefit HCPS.

4. Importantly, the Board was not informed in the HCPS decision information paper
request for the $74,900, that the remedy HCPS staff is presenting is to repaint the track
with 8 lanes but with only 36 wide lanes. The standard regulation lane for runners is
42 and hurdle width is 42.

5. HCPS does not have a state and national regulation 400M, 8 lane 42/lane track,
meeting the 35 year old standard at any of its 10 high schools. HCPS has built three
tracks in the past 4 years.

New and additional information:

The Board was not informed that the existing PMHS track has a full (unmarked) 7th lane
already existing around the track. Adequate space exists outside of lane 7 to
accommodate a full 8th lane.

Although the field lighting at PMHS is installed to specifically provide for large night
track meets, no large or evening revenue generating track meets have been held due to the
6 lane track.

Approximately $1M has been transferred out of the PMHS capital building account, not
expecting correction issues like this, among others to arise. Undesignated funding for
site corrections remains in the account according to HCPS. The Board approves the
transfer of capital funding to and from the PMHS capital account.

Questions not answered in the meeting include:

A. HCPS inappropriately accepted work that did not meet design specifications. Have
personnel and legal actions have been taken concerning this issue?
B. Were HCPS, County or State procurement and payment standards violated in making
a deal accepting sub-standard work with public funds?
C. Why is the Board being requested to approve a $74,900 expenditure when a cost
sharing agreement was still in discussion between HCPS and Site Resources, Inc.?
D. Why is HCPS considering paying any amount at all for the corrections of the track
installation?
E. Exactly what portion or percentage of the corrections is HCPS currently
contemplating paying for in the track corrections?

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F. HCPS has recently built several new tracks below the national standard. Why arent
the Superintendent and HCPS operations office recommending installing the
Patterson Mill track to the national standard?

Recommendations:
1. Install a regulation compliant, 8 lane, 400M 42/lane track by amending the
current contractors bid proposal and adding one lane around the outside of the
track.

2. Move the fence on the non-bleacher side from the respective ends of the track
back to the light pole standards. Between the light standards add some earth
stabilization and retention structure to create an outcropping and add the 400-500
seats (mobile aluminum) for visiting team spectators to bring the stadium to 1600
seating capacity as originally contemplated (only 1200 seats currently exist as a 400
seat bid option was not exercised at the original construction time). The design
error for the track has created a layout error for the entire field setup (drain
locations, soccer field et. al) which should be investigated.

3. Make public the reason for the track installation and acceptance errors, the
rationale for negotiating any correction settlement at all with Site Resources, any
percentages involved and the rationale for the use of taxpayer funds to rectify the
design errors.

4. The Board or County Council should investigate and take appropriate actions if
necessary, with those involved in accepting this substandard work on behalf of the
HCPS, Board of Education, County Council and taxpayers of Harford County.

5. Turn over the findings of an investigation into the acceptance of the non-standard
work and subsequent inappropriate approval and payment for finished work to the
site designer, to the States Attorney and the State Board of Education school
funding office for determination of regulatory and disciplinary action and
prosecution as appropriate.

Involved Patterson Mill Groups:

Involved PMM/HS groups supporting this request for installation of a track meeting the
national standards and concerned about the contract approval and funding involved are:

On June 7th at its meeting The Patterson Mill Middle/High School Parent Teacher Student
Association (PTSA) voted by unanimous consent to endorse the needed changes to the
track and the financial inquiries involved. On June 8th the PMHS Athletic Booster Club
Board of Directors unanimously voted the same as the PTSA and will present this
information to the entire Club at its next meeting.

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Investigation Supplement to the Patterson Mill Track Position Paper

Criminal Law CR 8-606. Making false entries in public records and related
crimes. [An. Code 1957, art. 27, 45A; 2002, ch. 26, 2.]
(a) Definitions.-
(1) In this section the following words have the meanings indicated.
(2) "Access" means to instruct, communicate with, store data in, or retrieve data
from, or otherwise use equipment including computers and other data processing
equipment or resources connected with computers or other data processing
equipment. (2) "Access" means to instruct, communicate with, store data in, or
retrieve data from, or otherwise use equipment including computers and other
data processing equipment or resources connected with computers or other data
processing equipment.
(3) "Public record" includes an official book, paper, or record, kept on a
manual or automated basis, that is created, received, or used by a unit of:
(i) the State;
(ii) a political subdivision of the State; or
(iii) a multicounty agency.
(b) Prohibited.- A person may not or may not attempt to:
(1) willfully make a false entry in a public record;
(2) except under proper authority, willfully alter, deface, destroy, remove, or
conceal a public record; or
(3) except under proper authority, willfully and intentionally access a public
record. (c) Penalty.- A person who violates this section is guilty of a
misdemeanor and on conviction is subject to imprisonment not exceeding 3
years or a fine not exceeding $1,000 or both.

Business and Contract Law Issues:

Generally, a government official may be personally liable if they have acted outside
the scope of their employment. Their agency/government entity would be liable if
they were acting within the scope of their employment.

The conduct of the government official may have been negligent, if they failed to A)
exercise their duty to act in a certain manner; B) breached that duty; C) they caused a
harm or detriment; and D) that damages can be proven.

If the contractor knew or should have known that the person executing the contract
on the schools side didnt have the authority to approve/alter it, they may be liable as
well.

Patterson Mill High School Track Restoration - Position Paper