Harvard: BOH denies school board appeal; litigation may be next

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Article Last Updated: Wednesday, June 01, 2005 - 1:33:10 PM EST

http://www.harvardhillside.com/Stories/0,1413,108~5342~2898657,00.htm

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6/9/2005

BOH denies school board appeal; litigation may be next

By Lamb

HARVARD -- In April, the Board of Health ordered the School

Committee to remove carpeting suspected of being moldy in the

Harvard Elementary School (HES) kindergarten wing by July 11 or face

fines and/or closure of the wing.

The school board responded by appealing the order.

That appeal was denied by the health board at a hearing Tuesday

night, and it appears doubtful the matter has been settled.

After the hearing, the school board met in an impromptu executive

session for almost 45 minutes.

Although no comment was offered on his way out, Chairman

Wormser confirmed the board had entered the session to discuss

possible litigation.

At issue are air quality concerns and the conviction of the health

board that removing the carpet would improve air quality at the

school.

Although neither side disputes the kindergarten wing has serious

mold issues, the major difference of opinion is over whether the

situation warrants an immediate or a long-term response.

Though a variety of viewpoints were aired during Tuesday's hearing,

the central disagreement is between a health board that wants what

it considers a health threat removed and a school board that

maintains closing or spending further money on the wing is

imprudent, and that the order is not based on any hard evidence.

Selectmen Chairman Marinelli is of the latter opinion. He

predicts there is no political momentum to fund a solution the

health board's stance would require. He further said the

decision " almost guarantees " an appeal would be filed in court,

which would bring any efforts to address the issue to a standstill.

" I think you are heading more towards a stalemate than a solution

right now, " he said.

Health board Chairman Bill Spacciapoli said the situation has gone

on long enough. He added that -- more than three years after the

topic was first raised by the board -- it is time for it to take a

stand. He also said the board would be willing to work with the

schools in coming months to find a solution as an alternative to the

order.

The board's decision was not without supporters.

Selectman Roy Kimball applauded the effort to address what he

terms an ongoing problem at a " sick " building, a view shared by

several other residents.

Five HES teachers were also at the hearing.

Teacher Diane Temple said the respiratory ailments attributed to the

carpeting are well known among her colleagues.

" There isn't a teacher in our building who wants to teach in that

wing, because they all get sick, " she said.

Fellow teacher Terry Monette backed Temple's assertion.

" We've all been sick, " she said. " We're all on allergy medication. "

In his response, school board member Mark Hardy noted a variety of

steps that have been taken to remediate air quality concerns. He

added that air quality testing has indicated the conditions within

the wing are within acceptable levels.

Arguing more vehemently against the health board's position was

Marinelli, who stated he had several questions he wanted on the

record. In effect, he subjected the health board's case to a

rigorous cross-examination.

His initial questions centered on the basis for the board's April

order, where he asked for documents collaborating the health

concerns or an ongoing pattern of non-compliance from the school

board cited in the order.

Spacciapoli was not able to produce either offhand. But he

maintained both had been documented in the course of events over the

past few years.

At one point during the exchange, Spacciapoli intimated Marinelli

may be personally invested in the topic.

" We're in a legal process at this point, " Marinelli shot back. " I

want to get this on the record. "

He then asked why, if the central issue is health related, the board

has not required all the carpets at HES be removed.

Spacciapoli said it is not clear that is necessary. He also conceded

he does not know how much removing the kindergarten-wing carpets

would improve the situation, but reiterated his conviction it would

improve things.

Marinelli's final question touched on a passage in the order that

demands portions of $60,000 appropriated at town meeting this

spring -- to replace other carpeting at HES -- instead be used to

address the kindergarten-wing carpeting. He asked why the health

board thinks it has the right to redirect funding appropriated at

town meeting.

Spacciapoli returned no comment.

Marinelli's comments aside, the primary defense for the school

board's position was offered by Hardy.

He essentially said it would be imprudent from a financial

standpoint to invest further in the " antiquated " kindergarten wing

and imprudent from an educational aspect to close it. He suggested a

long-term solution should be devised instead, with a townwide ad hoc

group that would tackle the problem as soon as possible, rather than

disrupt the operations of the schools.

Spacciapoli said his understanding is that has already happened and

that the financial aspects are really not within the board's

purview, only public health.

" We're sticking to the health issue on this one, " he said.

On behalf of the school board, Wormser said it is dedicated to

fixing what problems exists. But he noted the lack of hard evidence

produced to back the health board's demand. He also made reference

to preliminary plans of how children could be relocated if the

kindergarten wing is closed.

Hardy termed the latter course of action the " nuclear option. "

The final decision had Spacciapoli and member Philippou

voting to deny the appeal, with third member Copley voting

otherwise.

Copley said she would rather focus on efforts to move children out

of the wing without using the order.

After receiving the health board's decision, the school board

members left the meeting room and went to the neighboring mailroom,

where they answered the door by stating they were in executive

session.

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