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WCPSS--Board of Education

OPEN SESSION


1. CALL TO ORDER


2. QUORUM DETERMINATION


3. PLEDGE OF ALLEGIANCE


4. INFORMATION

Chair's Comments
Superintendent's Comments
Board Members' Comments

5. APPROVAL OF MEETING AGENDA


PUBLIC COMMENT - 6 P.M.

Citizens who signed up to address the board during public comment will be called on in priority order first for items on the agenda and then for items not on the agenda. Each individual speaker will be allowed three minutes for remarks. Issues or concerns involving personnel matters are not appropriate for this public comment setting. After 30 minutes of public comment, any speakers remaining will be recognized at the end of the agenda for their comments.

CONSENT ITEMS


APPROVAL OF MEETING MINUTES


6. December 6, 2011-Board of Education Meeting Minutes
December 20, 2011-Board of Education Meeting Minutes
January 10, 2012-Board of Education Meeting Minutes

FINANCE


7. REPORT OF ADMINISTRATION APPROVED CONTRACTS

The attached summaries are provided as information in accordance with Board Policy 8361. The
summaries list all change orders, and contracts having a value greater than $50,000 and not over
$100,000, and purchase orders in excess of $250,000 for December 2011.Fiscal Implications: Not
Applicable. Savings: Not Applicable. Recommendation for Action: Not Applicable.

8. GIFTS TO THE SYSTEM

Two hundred and fifty nine gifts have been donated to the Wake County Public School System. The
approximate value of the gifts is $73,341. Fiscal Implications: Not Applicable. Savings: Not
Applicable. Recommendation for Action: No Action is Required.

9. BUDGET AMENDMENTS AND TRANSFERS, 2011-2012

To report changes in the budget resolutions resulting from transactions processed during December,
2011. Fiscal Implications:
Adjust State Public School Fund+ $11,997,814
Adjust Local Current Expense Fund+ $65,882
Adjust Federal Grants Fund - State- $2,276,678
Adjust Capital Outlay Fund+$3,347,800
Adjust Multiple Enterprise Fund+$0
Adjust Direct Grants Fund+$15,014
Adjust Specific Revenue Fund+$0

Net Changes+$13,149,832
Savings: Not Applicable. Recommendation for Action: No action. In accordance with Budget
Resolution, administration is reporting changes in appropriations.

10. POTENTIAL CHANGES IN LOCAL EXPENDITURES 2011-2012

To report potential changes in local expenditures for 2011-2012 as of December 31. Fiscal
Implications: Potential adjustments within the local budget. Finance reports transactions transferring
budget between accounts to the Board of Education with all Budget Amendments and Transfers
monthly. Savings: Not Applicable. Recommendation for Action: No action. Administration is
reporting potential changes in local expenditures.

FACILITIES


11. ACCEPTANCE OF DONATION FROM TOWN OF WAKE FOREST AND


TERMINATION OF JOINT USE

The Town of Wake Forest has requested termination of the existing Joint Use Agreement regarding
use of Wake Forest-Rolesville High School baseball field and related facilities and the Town's release
from further related responsibilities. The Board and Town entered into a ten-year joint use
agreement on August 19, 2003. The Town is responsible for the utilities costs related thereto. Per the
agreement, the Town is responsible for maintaining the field lights to WCPSS standards, and upon
six months notice, after giving the Board the option to purchase the lights, the Town has the option
to remove the lights. The Town has offered to donate the poles and lights to the Board, which the
Town has estimated at a $5,000 value. Staff has requested that the Town first re-lamp and properly
aim and adjust the lights, to which the Town has agreed as a condition of termination. The Town
also requested that WCPSS Community Schools waive the usual fee for the Town's 2012 use of the
Wake-Forest-Rolesville High School stadium during their July 4th celebration, typically held on July
3rd of each year, as an additional consideration for the donation of the field lights. However, staff
has advised Town staff that this request should be addressed separately from the joint use agreement.
Fiscal Implications: Maintenance of the baseball field and related areas, and related utilities costs that
are currently the Town's responsibility pursuant to the joint use agreement become the Board's
responsibility, 18 months earlier than anticipated, for the balance of the 10-year term until August 18,
2013. Savings: None. Recommendation for Action: Staff recommends that the Board agree to
terminate the JUA, contingent upon the Town re-lamping and re-aiming the field lights. Staff also
recommends that the Town's request for use of the stadium be addressed separately.

12. AMENDMENT TO CONTRACT FOR LEGAL SERVICES

A Contract for Legal Services was awarded to Boxley, Bolton, Garber & Haywood, LLP, on July 1,
2011 in the amount of $25,000 for the provision of legal support services related to real estate
matters. The Contract allows the amount of compensation to be reviewed periodically and to be
amended as necessary. It is necessary to increase the total amount of fiscal year compensation to
$45,000 to reflect the anticipated expenses for the 2011-2012 fiscal year. All other terms of the
original contract, including hourly rates, remain in place. This amendment is brought for Board
approval in compliance with Board Policy 1214. See attached amendment. Fiscal Implications: The
amendment reflects a $20,000 increase in the total compensation amount as described in the original
contract. Funding is available from the CIP 2006 Property Acquisition budget. Savings: Not
applicable. Recommendation for Action: Board approval is requested.

13. CHANGE ORDER NO. CM-20: MILLS PARK MIDDLE

Board approval is requested for Change Order No. CM-20 to D. H. Griffin Construction Company,
LLC, for their Construction Management at Risk contract for Mills Park Middle School. This
change order, a reduction in the amount of $548,522.80, provides final reconciliation of the
remaining contractual amount and will complete this contract. The final Guaranteed Maximum
Price for this contract is $38,389,844. The CMAR contract allows for unused construction manager
contingency funds to be credited to the construction manager as follows: 40% for meeting
substantial completion; 20% for meeting final completion; and 40% for meeting specific
performance measures. This construction manager met substantial completion, final completion,
and scored 89% of the performance measures. The attachments show how the construction
manager contingency was calculated, the process for evaluation of their performance, and other key
criteria about this contract. Fiscal Implications: The project budget is $45,963,943, of which
$43,882,518 is from CIP 2006, $481,053 from CIP 2006 Offsite Improvements, $407,848 from the
Town of Cary for road improvements, and $1,192,524 from the Town of Cary Parks Department
for field improvements. Savings: Not applicable. Recommendation for Action: Board approval is
requested.

14. BIDS: GREEN HOPE HIGH ROOF REPLACMENT

Bids for the roof replacement of Green Hope High School were received on January 12, 2012. Staff
and REI Engineers, recommend award of the single-prime contract to Owens Roofing, Inc., in the
amount of $1,113,206. The existing (1999) single-ply membrane roof is at the end of its useful life
and is currently leaking. Therefore, it is being replaced with a new 20-year warranty, modified bit
men membrane roof system. Fiscal Implications: Funding is available from the total project budget
of $74,813,687 for CIP 2006 Life-Cycle Replacement of Building Components. Savings: Not
Applicable. Recommendation for Action: Board approval is requested.

15. DESIGN CONSULTANT SELECTION AND AGREEMENT: WEST APEX HIGH (H-


10)

In accordance with the plan approved at the September 20, 2011 Board meeting, projects are being
planned with the available savings in CIP 2006. One of the projects is a new high school, West
Apex High. Pursuant to the professional services selection procedures (Policy 7265) and the waiver
of that policy approved by the Board on November 1, 2011, staff recommends the selection of Little
Diversified Architectural Consulting for design of West Apex High School. Negotiations have been
completed with Little Diversified Architectural Consulting for the design of this project. The form
of agreement is the standard form approved by the Board attorney. Fiscal Implications: The
proposed project budget for the project is $63,999,032, which includes an assumed offsite
improvement budget of $3,000,000, although the scope for offsite work has not been established
yet. The proposed project budget includes compensation for the design consultant of $2,500,000.
The consultant is only authorized to provide services through the permitting and bidding phase, in
the amount of $1,625,000. A future reallocation from Reserve will be needed to fully fund this
contract and to fund construction. Savings: Not applicable. Recommendation for Action: Board
approval is requested.

16. CONSTRUCTION MANAGER AT RISK SELECTION AND AGREEMENT:


WEST APEX HIGH (H-10)

In accordance with the plan approved at the September 20, 2011 Board meeting, projects are being
planned with the available savings in CIP 2006. One of the projects is a new high school, West
Apex High. Pursuant to the professional services selection procedures (Policy 7265) and the waiver
of that policy approved by the Board on October 4, 2011, D.H. Griffin Construction Company,
LLC, and Metcon, Inc., a joint venture, is recommended for construction of the West Apex High
project.
Negotiations have been completed with D.H. Griffin Construction Company, LLC, and Metcon,
Inc., a joint venture, for the construction manager's pre-construction services. The form of
agreement for Construction Management at Risk has been previously reviewed and approved by the
Board and modified to reflect the amounts bid for the lump sum general conditions, construction
fee percentage, and bonds/insurance percentage. Fiscal Implications: The proposed total project
budget is $63,999,032, which includes an assumed offsite improvement budget of $3,000,000,
although the scope for offsite work has not been established yet. The total project budget includes
pre-construction compensation for the CM of $360,000; however, since the CM is only authorized
to provide services through the construction documents phase, this agreement is for $281,800. A
future reallocation from Reserve will be needed at the completion of design to fully fund this
contract and to fund construction. Savings: Approximately $1,600,000. Recommendation for
Action: Board approval is requested.

17. RESOLUTION: CIP 2006 APPROPRIATION AND REALLOCATION REQUEST

In accordance with the spending plan approved at the September 20, 2011 Board meeting, current
projects require funding and new projects were planned with the remaining funds in CIP 2006. This
resolution requests that $20,089,256 be appropriated and $10,055,862 be reallocated to implement
this plan. Funding is needed for the 2012 opening of the early start schools for Richland Creek
(Dubois site) and Abbotts Creek (Spring Forest site), the Young Men's and Women's Leadership
Academies, and Hilburn Drive Academy. In addition, the projects include annual needs for Life
Cycle Replacements, Facility Assessment, and Program Management. There are also additional
Building Permit needs. The details of this resolution are shown on the attachment. Fiscal
Implications: The spending plan approved by the Board on September 20, 2011 is being
implemented. There is a separate précis at this Board meeting that modifies the spending plan. This
request is consistent with that précis. Funds are available to support this request as a result of the
Board of Commissioners' sale of the remaining bonds in CIP 2006. Savings: Not applicable.
Recommendation for Action: Board approval is requested.

SCHOOL PERFORMANCE


18. GRANT PROPOSALS

Competitive (#15112): Red Hat, Corporate Giving Program / Central Services.
Competitive (#15212): NC Department of Public Instruction, Cooperative Innovative High School Programs / Central Services.
Competitive (#15312): NC Technology in Education Society (NCTIES), NCTIES Grant Programs/ Individual Schools.
Collaborative (#15412): NC Department of Crime Control and Public Safety, Governor's Crime Commission, Juvenile Justice Planning Grants / Individual Schools.
Competitive (#15512): National Environmental Education Foundation (NEEF), Planet Connect Student Grants / Individual Schools.
Collaborative (#15612): Mathematics Teacher Education Partnership (MTE-Partnership), MET-Partnership Grant Program / Central Services.
Collaborative (#15712): Federal Transit Administration (FTA), Job Access and Reverse Commute (JARC) Grant Program / Central Services.
Collaborative (#15812): US Department of Agriculture, National Institute of Food and Agriculture, NC State University, Children, Youth and Families at Risk (CYFAR) Sustainable Community Projects / Central Services.
Competitive (#15912): Lois Lenski Covey Foundation, Children's Books Grant / Individual Schools.
Competitive (#16012): Fuquay-Varina Junior Woman's Club, Mini-Grant Program / Individual Schools.
Competitive (#16112): Apex Chamber of Commerce, Peak Fest Mini-Grant Program / Individual Schools.
Competitive (#16212): Special Olympics North Carolina, Project UNIFY Program / Individual Schools.
Competitive (#16312): Merck Company, Merck Foundation Grants / Central Services.
Competitive (#16412): The Wallace Foundation, Foundation Grant Program / Central Services.
Competitive (#16512): Target Stores, Early Childhood Reading Grants Program / Individual Schools.
Competitive (#16612): Target Stores, Arts & Culture in School Grants Program / Individual Schools.
Competitive (#16712): NC Music Educators Association (NCMEA), Mini-Grant Awards / Individual Schools.
Competitive (#16812): McCarthey Dressman Education Foundation, Academic Enrichment Grants and Teacher Development Grants / Individual Schools.
Competitive (#16912): Curriculum Associates, $250,000 Matching Grant Program / Individual Schools.
Fiscal Implications: Any required cash and/or in-kind matching contributions vary by grant
program. Savings: Grant funding supplements existing resources. Recommendation for Action:
Board approval is requested.

TRANSFORMATION


19. HARVARD STRATEGIC DATA PROJECT MOU, STATEMENT OF WORK AND DATA


USE AGREEMENT

The MOU, Statement of Work and Data Use Agreement (DUA) set forth terms for the work to be
conducted as part of the "Strategic Data Project" at Harvard's Graduate School of Education and
SDP Data Fellows program, along with the Center for Education Policy Research's (CEPR) and
WCPSS's related responsibilities. The Statement of Work also describes the related SDP Agency
Fellows program, along with CEPR's and WCPSS's related responsibilities. The DUA sets forth the
requirements for the sharing of information and data contemplated in the project. Fiscal
Implications: $212,400/year for the salaries and benefits for two Harvard Data Fellows from
February 13, 2012-December 31, 2013. Savings: N/A. Recommendation for Action: Board
approval is requested.

HUMAN RESOURCES


20. RECOMMENDATION FOR EMPLOYMENT

1. Professional
2. Support
3. Contract Central Services Administrator(s)

BOARD


21. BOARD ADVISORY COUNCIL NOMINATIONS

This represents new nominations to the Board Advisory Councils. The nomination forms are attached for the Board's review and consideration. Fiscal Implications: None. Recommendation for Action: Board approval is requested.

ACTION ITEMS


FACILITIES


22. OFFER TO PURCHASE AND CONTRACT FOR SALE OF APPROXIMATELY 10.01


ACRES OF SURPLUS PROPERTY: CENTRAL SERVICES BUILDING (2302 NOBLE


ROAD)

The Board of Education owns 10.01 acres of land and 24,353 square feet of office, bus repair, and
warehouse space, known as Wake County Public School System Noble Road Central Services
located at 2302 Noble Road, Raleigh, NC. The Board of Education declared it as surplus and
ordered its sale on November 9, 2010. At its December 6, 2010 meeting, the Wake County Board of
Commissioners declined to purchase the property at fair market value. Terms and conditions of an
Offer to Purchase and Contract have been received requesting the sale of the 10.01 acres to Grubb
Ventures, LLC, a North Carolina limited liability company, at a purchase price of Two Million Six
Hundred Ten Thousand and No/100 ($2,610,000.00) Dollars. The property is further identified as
being a portion of the tract having Wake County PIN #1705-91-2122 and Wake County Tax
Account # 0102475. A map illustrating the parcels in question and relevant valuation benchmarks
are included on an attachment hereto as well as an explanation of the surplus property process.
Fiscal Implications: Estimated gross income to the Board of Education "to reduce the County's
bonded indebtedness for schools or for future land acquisitions for schools" is $2,610,000.00. Net
income from the sale is anticipated to partially replenish the funds from the capital budget that were
set aside by Wake County to secure a portion of future lease costs of the Crossroads Administrative
Building Lease. Savings: Not applicable. Recommendation for Action: Board consideration and
direction to staff, subject to and conditioned upon completion of the advertisement and upset bid
process as described in N.C.G.S. 115C-518 and N.C.G.S. 160A-269.

23. MODIFICATION OF SCHOOL FACILITIES PLAN FOR USE OF CIP 2006 SAVINGS

Staff will present modifications to the approved September 20, 2011 plan regarding the need to
establish new schools and academies, to provide temporary crowding solutions, and other needs,
using savings in CIP 2006. Fiscal Implications: Savings in the amount of $99.4 million have been
identified in CIP 2006. In addition, $32.2 million will be reallocated from other CIP 2006 line items
to make a total of $131.6 million available to establish new schools and academies, to provide
temporary crowding solutions, and other needs. Savings: Savings in the amount of $99.4 million
have been identified in CIP 2006. Recommendation for Action: Board approval is requested.

SCHOOL PERFORMANCE


24. MATH PLACEMENT POLICY

Second Reading
Taking into consideration the rigor of the common core curriculum , our goals are:
To create consistent sequences/course offerings for mathematical study, and
To create criteria for placement into those sequences/courses that is fair, equitable, and applied consistently for all students.
Fiscal Implications: The draft policy requires the equitable distribution of resources to ensure
student success. This could include dollars for tutoring, and/or other supplemental resources. This
year we will allocate $340,960 to schools for funding. Savings: N/A. Recommendation for Action:
Board approval is requested.

25. CASE 21 CONTRACT

To request approval of a contract with CASE21. CASE21 a division of Training and Education
in the 21st Century (TE21) will provide summative assessments aligned to the NC Standards.
One comprehensive summative assessment will be developed for grades 3-8 for reading and
math and grades 5 and 8 science. CASE 21 will provide pre-coded answer documents with the
scanning of answer documents. After the summative test administration testing window,
CASE21 will furnish diagnostic reports for the classroom teachers, principals and central office.
The results and reports will allow teachers to provide targeted assistance and individualized
instruction in preparation for EOG assessments. Fiscal Implications: The contract amount is
$158,169.55. Savings: N/A. Recommendation for Action: Board approval is requested.

26. TITLE I SUPPLEMENTAL EDCUATIONAL SERVICES CONTRACT


AMENDMENTS

Under No Child Left Behind, a Title I school that has not met Adequate Yearly Progress (AYP) goals
for three consecutive years must offer Supplemental Educational Services (SES) for all eligible
students. Students are eligible if they qualify for free/reduced lunch. These services must be
offered by a provider that is approved by the Department of Public Instruction. Parents select the
provider from the approved list. SES must be offered at Aversboro, Barwell, Brentwood, Conn,
Creech Road, East Garner, Fox Road, Hodge Road, Lynn Road, Poe, Wendell, and Zebulon
Elementary. Fiscal Implications: The state approved maximum allocation per student is $1,259.00.
The following SES provider contracts are to be amended: Accelerated Achievement at
Measurement Inc. - $81,835; Ace It Tutoring by Sylvan of Raleigh - $18,885; Ace It Tutoring by
Sylvan of Garner - $107,015; After School Programs, Inc. - $56,655; Capitol Education Support -
$50,360; One on One Learning- $163,670; Oxford Learning - $37,770. Recommendation for
Action: Board approval is requested.

TRANSFORMATION


27. CONSULTING SERVICES AGREEMENT AND SOFTWARE LICENSE BETWEEN


ALVES EDUCATIONAL CONSULTANTS GROUP, LTD. AND WCPSS

Office of Student Assignment will execute a contract with Alves Educational Consultants Group,
Ltd. for the period from February 1, 2012 through June 30, 2012 for service in support of the
implementation of the WCPSS student assignment plan and the continued utilization of the AECG,
Ltd proprietary "Controlled Choice" software system. It is estimated that $110,000 will be needed
to cover current contracted resources during the period of the contract. Fiscal Implications: Total
amount of the contract will be $100,000 for the remainder of this fiscal year. Funding for
contracted services is identified and planned for in the Office of Transformation 2011-2012 budget.
Savings: N/A. Fiscal Implications: Board approval is requested.


HUMAN RESOURCES


28. BOARD POLICY 2338/3038/4038/6414 - HARASSMENT / BULLYING

Revised; First Reading
The revisions to this policy were reviewed by the Superintendent's Leadership Team on 1/23/12.
The information was presented at the Board Work Session on 2/7/12. Fiscal Implications: None.
Savings: N/A. Recommendation for Action: Board approval is requested.

29. BOARD POLICY 2281/3801/4801- EMPLOYEE ABSENCES

Revised: First Reading
The revisions to this policy were reviewed by the Superintendent's Leadership Team on 1/23/12.
This information was presented at the Board Work Session on 2/7/12. Fiscal Implications: None.
Savings: N/A. Recommendation for Action: Board approval is requested.

30. BOARD POLICY 3220: TEACHER RESPONSIBILITIES AND DUTIES

Revised: First Reading
The revisions to this policy were reviewed by the Superintendent's Leadership Team on 1/23/12.
The information was presented at the Board Work Session on 2/7/12. Fiscal Implications: None.
Savings: N/A. Recommendation for Action: Board approval is requested.

CLOSED SESSION

To consider confidential personnel information protected under G.S. 143-318.11 (a) (6) and 115C-319.
To establish or give instructions concerning the Board's negotiating position related to a potential acquisition of real property, as provided in G.S. 143-318.11 (a)(3).
To consult with an attorney employed or retained by the Board in order to preserve the attorney-client privilege as provided in G.S. 143-318.11 (a)(3).

ACTION ITEMS CONT'D


HUMAN RESOURCES


31. RECOMMENDATION FOR ADMINISTRATIVE APPOINTMENT(S)


32. ADMINISTRATIVE TRANSFER(S)


33. RECOMMENDATION FOR CAREER STATUS


ADJOURNMENT


Meetings will be held at Crossroads I, 5625 Dillard Drive, Cary, NC 27518 unless otherwise indicated.