New Hanover County School Contract 218-17-15 is for
Athletic Field Weed and Pest Control Maintenance. Contract specification 2.3
requires the use of an enclosed boom sprayer. The contract states "Liquid
herbicides and insecticide shall be applied using a sprayer with enclosed
boom." According to the contract, the use of an enclosed boom sprayer is
not an option, it's mandatory.
The school systems specification was updated this past year when experts from North Carolina State University recommended adding the enclosed boom sprayer to the school systems specification. Enclosed boom sprayers are used to minimize the release of hazardous chemicals into the environment and limit human exposure (including operators and bystanders) to those chemicals.
School documents and witness accounts indicate the contractor is not using the required equipment. A lack of proper oversight and failure to enforce contract requirements is putting the health of students and school employees at risk.
School documents and witness accounts indicate the contractor is not using the required equipment. A lack of proper oversight and failure to enforce contract requirements is putting the health of students and school employees at risk.
While the use of the enclosed boom sprayer is mandatory, school documents
show that during the bidding process the contractor that was awarded the bid did not list owning the required equipment.
At a meeting on January 20th, months after the contract was signed, it was again brought to the attention of school officials that the vendor awarded the contracts did not list owning the crucial piece of equipment. School officials present at the meeting were Dr. Tim Markley
Superintendent, Board Chairman Don Hayes, General Counsel Wayne Bullard, and
Bill Hance Assistant Superintendent for Planning and Operations. It does not appear officials took any actions after the meeting to ensure contract requirements were being met.
According to witness accounts, the contractor Trugreen Landcare was at Laney in March applying chemicals to the field by hand sprayer method rather than the specified enclosed boom sprayer. This picture confirms that account and shows Trugreen at Laney High Schools hand spraying chemicals on one of the fields. This would be a violation of contract 218-17-15.The potential health risk for students from the lack of oversight creates a significant liability for the school system. With the given information, a parent or employee could easily make a case for negligence against the school system. Cornell University defines negligence as "A failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances.....Negligent conduct may consist of either an act, or an omission to act when there is a duty to do so."
Once again we find top level officials being notified of very serious issues, and no action being taken. This time the health of students is being put at risk, but will anything be done? Not likely....it will be ignored by all involved and swept under the rug like everything else. Is anyone paying attention here?
