Is The Green School Site Legal?

STATE POLICY SHOWS GREEN SCHOOL SITE TO BE ILLEGAL

WEST VIRGINIA CODE OF STATE RULES, TITLE 126 LEGISLATIVE RULE, BOARD OF EDUCATION, SERIES 172

HANDBOOK ON PLANNING SCHOOL FACILITIES (EDUCATION POLICY 6200)

202.06. For the safety of students, the site shall be located away from hazards and undesirable environments, such as:

a. Railroads, arterial highways, heavily traveled streets,traffic and congestion

b. Noise, toxic gas escapes from railroads, airports, and odoriferous plants or industries

c. Natural barriers limiting accessibility and expandability, such as rivers, lakes, swamps, and protruding ridges

d. High voltage transmission lines, booster or reduction stations, high pressure gas lines, and transformer stations

e. Taverns, fire stations, bulk storage plants for flammable liquid, and property zoned as industrial

f. Situations where a combination of factors such as those presented above could contribute to the possibility of human entrapment Read the rest of this entry »

Where Is The Accountability?

WHERE IS THE ENFORCEMENT?

LIES, LIES, AND MORE LIES BY PUBLIC OFFICIALS VIOLATE THE STATUTES ITALICIZED BELOW, DO THEY NOT?:

WEST VIRGINIA CODE

CHAPTER 6, ARTICLE 9A “SUNSHINE LAW”

ARTICLE 9A. OPEN GOVERNMENTAL PROCEEDINGS.

§ 6-9A-1. DECLARATION OF LEGISLATIVE POLICY.

The Legislature hereby finds and declares that public agencies in this state exist for the singular purpose of representing citizens of this state in governmental affairs, and it is, therefore, in the best interests of the people of this state for the proceedings of public agencies to be conducted openly, with only a few clearly defined exceptions. The Legislature hereby further finds and declares that the citizens of this state do not yield their sovereignty to the governmental agencies that serve them. The people in delegating authority do not give their public servants the right to decide what is good for them to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments of government created by them. Read the rest of this entry »

MPO Cluelessness

AND MON SCHOOLS’ INTRANSIGENCE

Per Thursday’s Metropolitan Planning Organization (MPO) meeting in Morgantown, how can it possibly be that the WV Division of Highways (DoH) has apparently no idea that “rush hour” often exists at the 705/119 intersection from around 2:00 to 6:30? That is a direct conflict with school traffic peak hours, contrary to DoH rep Perry Keller’s MPO meeting statement claiming no conflict, no overlap. Did the Morgantown MPO not provide the DoH with a record of when the nearby massive employers undergo their midafternoon shift changes?

And how can it possibly be that the DoH-hired ENTRAN traffic analyst Tom Creasey had apparently no idea of the backup into the 705/119 intersection from the Hampton Avenue T intersection .4 miles south on 119? No matter who is responsible for studying what here – the MPO? the DoH? ENTRAN? – one can only conclude that ENTRAN and the DoH and the Morgantown MPO are operating totally without a clue on major traffic issues. No one corrected Keller’s baffling statement of ignorance. Read the rest of this entry »

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Engage

LET THE OFFICIALS KNOW

Direct your complaints and suggestions to WVU, MPO, DoH, School Board, and the media via the contacts below to encourage WVU not to sell the land to Mon Schools on which to build the intended 705/119 intersection school, to encourage the School Board not to build at that intersection, and to encourage the DoH (West Virginia Division of Highways) and the MPO (Monongalia Morgantown Metropolitan Planning Organization) to solve the Hampton Avenue/119 intersection backup problem, and to cut congestion on route 705 and the Mileground in general. Tell your traffic nightmare stories, and/or your views about the schools, the neighborhoods, and planning. Read the rest of this entry »

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Dead Pedestrians

“NO PEDESTRIAN ACTIVITY”

In case anyone missed it: a City Council member pointedly joked at Thursday’s MPO meeting:

“The only pedestrians on the Mileground are dead ones.”

No crosswalks are planned at the 705 Mileground intersection for the elementary school intended to be sited there. Having observed the roads, ENTRAN is “assuming no pedestrian activity.”

We should all deeply appreciate the dead pedestrians remark. It could not be more appropriate.

That the intended commuter and commercial intersection school site is preposterous goes without saying. But if one must say something, “dead pedestrians” and “no pedestrian activity” say it all. Read the rest of this entry »

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The Coming 705/Mileground Intersection Disaster

ALL OFFICIALS INVOLVED NEED TO CORRECT COURSE

At the ENTRAN/WV Division of Highways presentation about the route 705 and route 119 Mileground expansion at the MPO meeting in Morgantown Thursday, DoH official Perry Keller remarked that while green school traffic peak hours would coincide with commuter rush hour in the morning on the Mileground, which would be a problem, he said, he also claimed that school traffic peak hours in the afternoon would not coincide with rush hour. That is false. Completely wrong. “Rush hour” – that is, congestion nightmare – at the 705/119 intersection occurs from 2:30pm to 6:30pm, often earlier and sometimes later. Why? Because a 705 area hospital or two and Health Sciences have a huge shift change at 3:00pm (or 2:50). And Mylan Pharmaceutical plant has a huge shift change at 3:15. In other words, “rush hour” at the 705/119 Mileground intersection, the intended site of the green elementary school, begins much closer to 2:00pm than it does to the 5:00pm claimed by the DoH. And it can extend four times as long as the DoH claims. Not exactly a small mistake. The intended green school is doomed by countless factors. And it is doomed by rush hours alone. (UPDATE: Months later, DOH, MPO, and ENTRAN corrected themselves, no doubt due in large part to public outcry: the final ENTRAN study, Mileground Road Traffic: Final Report, published February 2011, found a) “rush hours” congestion about 6 hours per day (7-9 am, noon, and 2:30-6 pm) on the arterials engulfing the school site, b) nationally rated worst possible “levels of service” (congestion): “D” and “F” (“approaching gridlock”), and c) afternoon Mileground arterial traffic speeds dropping from 14.1 mph to 8.4 mph (average) and from 7.7 mph to 6.2 mph (rush hours) if the school is added to the Mileground, and average vehicular delay at the school-front arterial intersection doubling with the addition of the school, causing pollution, vehicle crash danger, and “entrapment” to be not only “possible,” or likely, but inevitable. This final ENTRAN study however mistakenly identifies WV 705 and US 119 (Mileground Road) as being “minor arterial highways” when in fact DOH confirms that in accordance with national standards those stretches of road are “principal arterial highways”. ENTRAN has said all along however that congestion there cannot be eliminated, only reduced, theoretically, and this would be a reduction of congestion that will not necessarily last as the widened roads and intersection draw ever more traffic in this ever growing traffic vortex and region.)

RUSH HOURS

It takes a worker at Mylan 45 to 50 minutes to travel 3 miles on 705 and 119 to her house in Woodburn on Charles Avenue. By far the biggest problem, she notes, comes at the 705/119 intersection as she tries to turn right/south onto 119. Traffic is backed up onto 705 all the way from Hampton Avenue as it enters 119 across traffic (just before Charles Avenue). It is a half mile of gridlock. And apparently ENTRAN and the DoH have no plans to do anything to solve or even alleviate the Hampton Avenue backup on 119 into 705, which can exist from 2:00 to 6:00. Sometimes she says she can go through relatively quickly for whatever reason. Other times she sits forever. Imagine school buses trying to go back to Woodburn and Jerome Park (or anywhere) moving into that 705/119 Mileground intersection (if they can). How? Perry Keller is making an honest mistake, but it is a big one. Huge. Rush hours at 705 and 119 begins about 3 hours before the DoH is aware. Little children would be sitting in exhaust fumes. It’s criminal.

The DoH and ENTRAN need to get their analysis corrected, pronto.

In fact, given the stunning magnitude of that basic error, they should go camp out on the Mileground, and route 705, and on all access and egress points for about two weeks to make sure they actually get a real sense of what is going on along the Mileground and all around it.

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State Code: The Board and The Superintendent

A CASE FOR INTERVENTION

Can the five Monongalia County School Board members honestly say that Superintendent Devono (in relation to the green school and in other particular matters such as school capacity rates) has adhered to state code as noted in Section 3 – 02 – 9 of the Mon BoE’s Policies and Procedures, quoted below? Germane examples follow.

Legal duties and responsibilities of the Superintendent are listed in the West Virginia Code. The Superintendent shall have the following duties and responsibilities:

9. Keep the county board apprised continuously of any issues that affect the county board or its schools, programs and initiatives. The county superintendent shall report to the county board on these issues using any appropriate means agreeable to both parties. When practicable, the reports shall be fashioned to include a broad array of data and information that the county board may consult to aid in making decisions…

Did the Superintendent in required timely manner “apprise” the entire board of any of the following? or has the Superintendent ever apprised the entire board of any of the following (before or after public disclosure via FOIA requests)? that:

1) the green school is a Woodburn/North “overflow” school; de facto redistricting?

2) the green school grant application states that Mon Schools will redistrict in two years, upon construction of the green school?

3) the original preferred site for the green school was in North Elementary’s catchment?

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Professional Lies

DEVONO AXES WOODBURN

June 24 2010 Woodburn closure Board of Education meeting minutes in quotes below:

BoE Minutes: “She [Susan Eason] questioned the Board about possible future redistricting [in relation to the proposed green school consolidation and closures]… Superintendent  Devono replied that redistricting was not on the table…”

By FOIA, we’ve shown that redistricting is so on the table that it is written into the grant proposal.

BoE Minutes: “Katy Ryan questioned the size of the new school with Superintendent Devono stating the school will be built to house 450 students.”

By FOIA, we’ve shown that, weeks earlier, Devono conveyed privately to architect Shriver that the “needs” of the new school are for about 700 students.

BoE Minutes: “She [Katy Ryan] wondered how the Mileground property emerged [as the preferred site for the green school]. Superintendent Devono…stated…that a main consideration for the consolidation is a central location for the two schools.

By FOIA, we’ve shown that Devono’s original preferred location was actually nearly a mile down route 705, which happens to be in North Elementary’s catchment basin. In any case, that spot is the exact distance from Easton school as the old UHS possible green school site, and less than two tenths of a mile closer than the Woodburn schoolgrounds possible green school site.

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No Room At This Inn

CROWDED, OVERCROWDED – AND CUTTING SEATS

Monongalia County Schools intends to blow through about $15 million of local, state, and federal funds to build the green elementary school that has the effect of REDUCING school capacity by 32 seats. According to public records, Easton and Woodburn schools combined currently can accommodate 482 students. And according to public record, the green school is to open at a capacity of 450.

Meanwhile, of the 4 elementaries nearest to Woodburn school and Easton school, last year 2 operated overcapacity, another operated at 96 percent capacity and the other at 85 percent. “Our school is packed,” one of the area principals notes on the verge of the new school year, “the whole district is.

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The Mean, The Green, and The Phony

MEAN NOT GREEN

Mon Schools’ intended so-called green school would destroy a seven acre farm field to build a large sprawling facility, instead of redeveloping the existing Woodburn schoolgrounds.

‎”[Redeveloping] Any previously disturbed urban site is much greener than taking a greenfield site out of someplace.” – Richard Cook, architect

And so it is that Mon Schools’ intended green school is basically a phony green school. It is as phony and negligent as the rest of the school siting process has been and continues to be.

“The crown jewel of sustainable buildings in West Virginia” that Dr. Mark Manchin SBA Director and green school grantor wants “people from all over to see [as] one of the best green schools in the US” would be based on the lie of a green site.

By reasonable estimate, the 705/119 intersection site is also by far the most expensive location available. Thus Mon Schools’ mean attitude toward greenery extends to money as well. Why does the school district act like it hates farmland and money? Why does it act like it loves pollution and congestion and high traffic for its smallest children Pre-K to 5th grade?

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“it shall not proceed”

GREEN SCHOOL PROJECT HITS ROADBLOCK

Today the Monongalia County Schools green school grant project enters the “Schematic Design” phase – Phase 2 of the 6 contractually required phases in the Project Development Schedule for building the green school. By contract the green school project is now to move forward with schematic design. In reality nothing can be done. Mon Schools has failed to meet the contractual conditions for going forward.

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Green School Report Card: F

THE LOCAL AND STATE FAILURE

Is there a penalty for Monongalia County Schools operating two schools overcapacity this past school year (Suncrest and North Elementaries)? The state and local figures show that is the case.

Does the WV Department of Education intend to act on the fact that it has been publicly revealed that Monongalia County Schools continuously lied to the public about the intended green school size, its potential location, and student body composition in the months before and in the months after the Easton and Woodburn Elementaries’ closure hearings, and continuing to the present? FOIA is a wonderful thing.

Is the fact that the WV School Building Authority is going deep into phase 2, the Schematic Design phase, of the green school grant to Monongalia County without the grantee having title to the land to build on 1) legal, 2) standard or regulated, 3) advisable?

Must the WV State Board of Education and the WV Department of Education each still approve both the green school grant to Monongalia Schools and its 2010-2020 CEFP calling for the closure of Easton and Woodburn to be consolidated into the green school? All remains to be decided, yes? If so, when and where?

Why would any of the agencies named above approve a last minute, scandalous, extremely risky, and completely uncertain facility siting project at one of Morgantown’s recently documented most dangerous (and congested and polluted) intersections on its most dangerous road, route 705 – the first and only public school to be on any of the most dangerous intersections, and the first to be even anywhere on this most dangerous and congested road?

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Bleeding Green

NEGLIGENCE AT DANGEROUS INTERSECTION

Who does not want a cutting edge green school or two or more in Morgantown and Monongalia County? But how about a bleeding green school instead?

The August 15th Dominion Post article on Dangerous Intersections shows that the intended site for the green elementary school is the 6th most dangerous intersection in the area, just up the road from the 5th most dangerous intersection where Superintendent Devono originally wanted to site the school.

And the intended school site is on the same road (route 705) as 5 of the top 6 most dangerous intersections in all Morgantown and surrounds.

No other public school, let alone a large elementary, is situated at one of the most dangerous intersections in the area. No other public school is even on the same road as 5 of the 6 most dangerous intersections (although North Elementary is not very far off).

Even though North Elementary school students and parents are apparently far and away exposed to the greatest number of dangerous intersections on their way to and from school, all along 705, putting a North overflow (green) school at the proposed site (705/119 intersection) would only make that situation worse by adding in the 5th and 6th most dangerous intersections to a school route that is also badly polluted and notoriously congested.

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The School That Should Not Be

And that must not be.

REDISTRICTING LIES

Through Freedom of Information Act (FOIA) request of the West Virginia School Building Authority (SBA) we learn that Monongalia County Schools states on the SBA green school grant compliance checklist “Compliance With SBA Requirements Proposed New Project” under the section “Adequate Space For Projected Student Enrollment”:

“There is adequate space for enrollment projections. Once this facility [green school] is completed [Fall 2012], redistricting will occur in the North and Cheat Lake Elementary areas due to overcrowding.”

Publicly, the Monongalia County Board of Education has been denying such redistricting plans. Board President Barbara Parsons denied it again in a July email:

“As a Board, we have had no discussion, whatsoever, regarding any changes to North Elementary attendance area and the new school. I can see how it might appear to be a logical consideration, but the Board is extremely sensitive to any issue involving redistricting because we had these discussions prior to building a new University High School. At that time we said there would be no redistricting and we have vigorously maintained that position. … Any future consideration of redistricting will be at the initiative of the public.”

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Secrets and FOIA

INCOMPLETE FOIAs

The problems with the siting of the green school in Monongalia County go far beyond air pollution, terrible as that problem is.

For example, neither the Monongalia County Board of Education (BOE) nor WVU are complying with FOIA laws (Freedom of Information Act). We know this because Mon BOE releases some emails with WVU that WVU fails to release, and vice versa. All very relevant emails that both parties are legally bound to release, per FOIA requests. Their FOIA compliance is lousy. Their FOIA research methods are lousy: mere “keyword” searches by an IT employee, in the case of WVU, according to WVU. The BOE’s approach? The FOIAed parties are not held remotely accountable for turning over what they know best, their own correspondence (which was the City of Morgantown’s approach). Better yet would be a combination of these methods and a court assigned independent investigator.

For just a couple examples: WVU failed to release certain email discussions with Mon Schools about green school site appraisals. We know this correspondence exists because Mon Schools released those emails. Likewise, Mon Schools failed to release emails with WVU about green school site possibilities. We know the correspondence exists because WVU released it. Apparently outside investigators are required to ensure Mon Schools’ and WVU’s full compliance with FOIA laws.

Some of the troubling information we’ve learned via FOIA:

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Bullshit Elementary

SCHOOL SIZE LIES

WVU would sell seven acres of its dairy farm land at a badly undermined major commuter and commercial intersection to Monongalia County Schools for the purpose of building a “small” energy efficient elementary school. It seems one never knows what one is going to step into at a congested high traffic intersection, does one? Especially when the adjacent land also happens to be part of WVU’s undermined dairy farm. Some big ol’ cowflops maybe?

Architect Ted Shriver in an email to superintendent Frank Devono about the green school, June 2010:

“According to my preliminary calculations the SBA school is 40,500 square feet but to meet your needs it’s really about 65,000 square feet and as discussed last week we may approach a 70,000 square foot building with adequate space and expansion.”

One hopes that Architect Shriver of Williamson Shriver is mistaken in the first figure above. The maximum allowable school size for a school of 450 elementary students is 50,400 square feet not 40,500. Or does Shriver not intend to see the indoor area of  the green school built to the maximum size allowed, at a site where the outdoor conditions range from far less than ideal to highly dangerous?

70,000 square feet? That’s about the maximum size allowed for a school of 700 students.

Easton school: 176 students. Neighborhood Woodburn school: 227 students. Green school capacity, publicly stated: 450 students. Expanded green school capacity, privately indicated: 700 students.

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Mon BOE: We’ve Got Money To Burn!

Before We Throw All The Rest In A Hole!

WVU: We Will Gladly Assist.

WILDLY DIFFERENT SITE APPRAISALS

Value of the high traffic 7 acre intersection site for the green school?

Appraiser hired by Monongalia County Schools: $70,000/acre = $490,000.

Appraiser for WVU: $325,000/acre = $2,275,000.

A difference of 78 percent or: $1,785,000.

Price Monogalia County Schools taxpayers will pay?: $2,275,000.

PLUS: an estimated $650,000 for mine mitigation.

And much more if the whole thing in the future subsides regardless.

[UPDATE: Instead of 7 acres, Mon Schools purchased about 11 and a half acres at the top rate noted above and reportedly incurred an additional $400,000 mine mitigation expense under part of the additional acreage, in addition to the $600,000 amount noted above. In other words, the Eastwood Mileground site purchase and mine mitigation alone cost about $4.7 million – as far as is known. A few years ago, neighboring Taylor County built a 300 student capacity elementary school for $6.6 million. The 450 student capacity Eastwood Elementary project is on track to cost more than $20 million, due in large part to the scandalously costly nature of the site chosen by Mon BOE. ]

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So When Is The Next Meeting?

HOLLOW PLANNING – NO PUBLIC INVOLVEMENT

When is the first public meeting regarding planning and designing the green school?

No public involvement has been or will be implemented during the Planning phase of the green school grant.

The first School Building Authority grant deadline is a mere two weeks away.

SBA Director Mark Manchin and the architects’ idea of a green school seems to be that of a relatively high tech energy efficient machine. Period. Greenery, living things, ecology, solariums, green houses, gardens, landscaping, green roofs, living roofs, green walks, wildlife, botanical study, active growing, and related green activities, green policies, green food and food systems, healthful activities, green community activities, myriad green childrens’ activities – not so much at all.

“Thinking outside the box” may be a silly buzz-phrase and cliched notion but Manchin and the architects show precious little sign of even knowing what the box may be, what the boxes are, let alone how to think outside them. Amazingly one of the lead architects even stated as much at the green school “kickoff” (public not invited) as if that were no problem.

Everyone seriously involved needs to think outside the purpose of a school – break that rule especially – because new good ideas will come from that exercise to help expand our understanding of what a school is, could be, and should be. Any school. Let alone a green school. To help improve the current impoverished reality of what learning is, could be, should be. A substantial percentage of the SBA grant money should be set aside upfront for creating a green school and green school grounds and activities beyond anything currently envisioned or expressed by Manchin, the architects, and the BOE.

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The Multi-Million Dollar Green Dream

INADEQUATE PLANNING & NARROW VISION

Yesterday at the green school kickoff meeting at the Waterfront, Dr. Manchin of the School Building Authority laid out a challenge: to make Monongalia County’s new green elementary school

“the crown jewel of sustainable buildings in West Virginia.”

Dr. Manchin wants

“people from all over to see one of the best green schools in the US.”

So it was disturbing to hear no talk of greenhouses and solariums. As many people are aware, even some non-green schools have greenhouses. Unfortunately these are often neglected due to lack of expertise. Greenhouse ventilation can be tricky, so possibly an extensive double-or-triple-room sized solarium should be attached to the side of the school, talking advantage of the school’s ventilation system, however modified. Can a green school truly call itself green without an active growing space? Where better to study life sciences, and even do plenty of related work in math and reading and social studies classes…. Such a space can be partly built into the ground to help thermally regulate it.

The outdoors area of the proposed school site at the 705/119 intersection on the Mileground is, frankly, irredeemably polluted and lousy, so the outside would have to be massively made up for on the inside. If one large living solarium is too much to handle, possibly numerous pod-like solariums could substitute, or several substantial living green pads. Read the rest of this entry »

Statistics and Lies

OVERCAPACITY OPERATION: THE STATS & THE…DISCREPANCIES…

The problem with North is the problem with Suncrest. Over capacity. Both Suncrest Elementary and North Elementary apparently both operated last school year in violation of facility enrollment capacity. This raises questions of legality, educational integrity, fire hazards, general administrative competence, and much else. Why the crowding? Why the overcrowding?

Well: where else are the students going to go? Mon Schools has dropped from 15 elementary schools in 2005 to 11 today, and a planned 10 by 2012. (In 1998, Monongalia County had 19 or 20 elementary schools. Since then, enrollment has climbed while the number of schools has been cut to 15 by  2005,  to 11 by 2010, to be 10 by 2012.) With Pre-K being newly required to be offered by the public schools to any parent who desires it, this puts added pressure upon the entire school district, especially to send current and future Suncrest and North area students elsewhere. Where do these students go for the next two years?

Suncrest Elementary, a pre-K through 3rd grade school, with a capacity of 230 students, had an enrollment of 257 this past year, according to the WV BOE. That’s 12% over capacity. Nearby North Elementary, a pre-K through 5th grade school, with a capacity of 702 students, had an enrollment of 703, according to the WV BOE – technically over capacity. (Mon Schools lists facility capacity in its 2010 CEFP Executive Summary, page 4.) Where will graduating Suncrest students go for 4th grade, since nearby North is already over capacity? Where will additional North area students go, since it too has surpassed capacity? Read the rest of this entry »