EASTWOOD ELEMENTARY ON THE MILEGROUND
Mounds of dirt and manure everywhere. But not of the healthy ecological kind. Some of the legal muck:
The Mileground site violates the mandatory provisions of Policy 6200 202.06. The safety of new school sites are specifically regulated by this State Board Policy (126CSR172 – 0 – Title 126 – Legislative Rule – Board of Education – Series 172 – Handbook On Planning School Facilities (6200)), which mandates that (bold added):
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 […] odoriferous plants or industries
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
The statutory violations create severe harm and menacing threats, including:
1. an increased propensity for crashes involving students in cars and buses – according to a study based on police reports, the heavily-traveled arterial intersection in front of the school is one of the most dangerous intersections for crashes in the entire region;
2. the ever-enduring threat of enormous civil and criminal liability risks – if there is a calamity involving the students in the arterial highways or their intersection adjacent to the school or near it, in flagrant violation of the mandatory statutes (or if there is any other statute-related calamity), the civil and criminal liability lawsuits will dwarf the total cost of building the school, and render INVISIBLE any monies already spent;
3. vehicle exhaust air pollution above urban background pollution levels – the scientifically and medically known heart and lung damage (to “sensitive receptors” (young children) who live or attend school in close proximity to high traffic roads and gas stations) causes elevated rates of asthma, bronchitis, flu, and other diseases: cancer, heart disease, pneumonia, leukemia, all potentially fatal;
4. traffic congestion “approaching gridlock” poisons and entraps students – recent studies find 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 “entrapment” to be not only “possible,” or likely, but inevitable;
5. gas stations and vehicle repair shops increase the leukemia rate by 400% – in children living nearby, according to studies; Mileground commerce consists mainly of vehicle repair shops, car dealerships, and gas stations, including three gas stations within a few hundred meters of the site, making an impending Sheetz gas station the fourth. The station is schematically designed to be located immediately adjacent to the school site and building and likely sharing a school drive.
The insoluble conditions of all the bold provisions in “a” and “f” currently exist at the site and will always exist. The “noise” provision of “b” currently and insolubly exists at the site. Bold provision “e” and the latter parts of bold provision “b” are impending at the site, or at the least seriously threatened, in the form of a Sheetz gas station that has been schematically designed on the site border, close to the building itself. These are insoluble, plain English violations. This is a highly unusual and hazardous site in being so extremely environmentally unstable and therefore negligently unknowable, even as it is projected to degrade in quality year-by-year, decade-by-decade. The alternative, SBA-acceptable site is an extremely safe, stable residential location that is lawful and suitable in every way.
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