OPEN SESSION
** If the Board of Education Work Session is completed prior to 5:30 p.m., the Board of Education Meeting may begin prior to that time with Closed Session. The remainder of the meeting will be held as scheduled.1. CALL TO ORDER
2. QUORUM DETERMINATION
3. PLEDGE OF ALLEGIANCE
4. INFORMATION
Chair's CommentsSuperintendent's Comments
5. APPROVAL OF MEETING AGENDA
INFORMATION
FINANCE
6. COMPREHENSIVE ANNUAL FINANCIAL REPORT
This report is the Comprehensive Annual Financial Report of the Wake County Board of Education(Board) for the fiscal year ended June 30, 2010. The Board's independent certified public
accountants, Cherry, Bekaert & Holland, LLP, have audited the basic financial statements and related
combining and individual fund statements and schedules and have rendered their assistance, internal
control structure, and compliance matters are included in the single audit section of the
Comprehensive Annual Financial Report. Fiscal Implications: As a result of appropriate fiscal
management, including realistic budgeting practices, effective cost controls and sound cash
management, the Comprehensive Annual Financial Report indicates a strong financial position at
June 30, 2010. Recommendation for Action: No Action Necessary.
7. LETTER FROM CHERRY, BEKAERT, AND HOLLAND, LLP REGARDING THE
ANNUAL AUDIT
This letter of comments and suggestions to the Wake County Board of Education (Board) isprovided by Cherry, Bekaert & Holland, LLP as constructive suggestions with respect to matters that
came to their attention in connection with the annual audit. Fiscal Implications: Not Applicable.
Recommendation for Action: No Action Necessary.
8. AUDIT COMMITTEE REPORT
Presentation of the Audit Committee report on the Comprehensive Annual Financial Report review.Fiscal Implications: None. Recommendation for Action: This item is for information.
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 two 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
9. APPROVAL OF MEETING MINUTES
September 7, 2010-Board Meeting MinutesSeptember 28, 2010-Student Assignment Committee Meeting Minutes
October 19, 2010-Special Called Board Meeting Minutes- Recognition
November 9, 2010 -Committee of the Whole/ Work Session Minutes
November 9, 2010-Closed Session Meeting Minutes
November 16, 2010 -Special Called Board Meeting Minutes
November 16, 2010-Closed Session Meeting Minutes
FINANCE
10. REPORT OF ADMINISTRATION APPROVED CONTRACTS
The attached summaries are provided as information in accordance with Board Policy 8361. Thesummaries 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 October 2010. Fiscal Implications: Not
applicable. Recommendation for Action: Not applicable.
11. GIFTS TO THE SYSTEM
Two hundred and twenty six gifts have been donated to the Wake County Public School System.The approximate value of the gifts is $56,842. Fiscal Implications: Not Applicable.
Recommendation for Action: No Action is Required.
12. BUDGET AMENDMENTS AND TRANSFERS, 2010-2011
To report changes in the budget resolutions resulting from transactions processed during October,2010. Fiscal Implications:
Adjust State Public School Fund+ $2,861,337
Adjust Local Current Expense Fund+ $2,407
Adjust Federal Grants Fund - State+ $21,781,642
Adjust Capital Outlay Fund+ $362,321
Adjust Multiple Enterprise Fund- $14,505
Adjust Direct Grants Fund+ $89,235
Adjust Other Restricted Fund+ $0
Net Changes+ $25,083,437
Recommendation for Action: No action. In accordance with the Budget Resolution, administration
is reporting changes in appropriations.
FACILITIES
13. REVISION TO POLICY 6203: TRANSFER OF SCHOOL ASSIGNMENT (SECOND READING)
The proposed addition to Policy 6203 will enable students participating in exchange programs abroad to return to their previous school upon return. The change was reviewed at the Board work session on October 5, 2010 and received first reading on November 9, 2010. Fiscal implications: None. Recommendation for action: Board approval is requested.14. 2010-2011 FACILITIES UTILIZATION REPORT
Staff presented the 2010-2011 Facilities Utilization Report for review and discussion at the November 16, 2010 work session. This annual report includes the system's 20th day school membership, school capacities, utilization of temporary classrooms, and the impact of programs on capacity. The report includes crowding percentages and capacity models that describe the planned use of classrooms in each school, including accommodations for students with special needs and magnet programs. Fiscal Implications: The methods used to calculate school capacity impact the scope of the capital improvement program. Recommendation for action: Staff requests that the Board accept the 2010-11 Facilities Utilization Report.15. MODIFICATION TO STANDARD FORMS OF AGREEMENT REGARDING
INSURANCE PROVISIONS
On June 3, 2008, the Board approved modifications to the various contract standard agreementforms. One of the approved changes was to the Design Consultant Agreement professional liability
insurance requirement. The change was from $1M of professional liability coverage for all projects
to $1M for projects less than $5M, $2M for projects less than $20M, and $5M for projects $20M or
greater. It has now been determined that the cost for these higher insurance limits negatively impact
the fee paid to the designers to carry these larger amounts of coverage. The savings from no longer
requiring higher coverage on future projects may be enough to pay any actual claim out of pocket.
Based on our past history of claims against designers, the additional fee is not cost effective. In
addition, information from other regional public owners would indicate our coverage requirements
are considerably higher. The new designer contract approved by the Board on August 10, 2010 for
Rolesville High required $5M coverage, while the design fee was negotiated based on the former
requirement of only $1M coverage. The new contract was initiated when the Rolesville site was
selected in order to have a clear separation of designer work for the new site. Staff recommends: 1)
the standard Design Consultant Agreement be changed to require $2M of professional liability
coverage for projects with construction greater than $30M and $1M in coverage for all others; and 2)
as an exception, the Rolesville High design contract retain $1M coverage since the architect has a
good history with WCPSS and the original contract only required $1M coverage. The Board's
attorney and the Senior Director of Risk Management have reviewed both these recommendations
and recommend approval. Fiscal implications: None. Recommendation for action: Board approval
is requested.
16. DESIGN CONSULTANT SELECTION AND AGREEMENT: M-8 MIDDLE
On August 10, 2010, the Board approved design of M-8 Middle located in Northwest Raleigh. Ifconstructed in this building program, it will be scheduled to open in 2014. This resolution is
presented to waive the traditional designer selection process and to select Cherry Huffman
Architects, PA, for the design of this school. This request is in accordance with NCGS 143-64.32,
which allows exemptions to the statutory selection process. The specific reason for this exemption
is that this school is the second use of the 3-story design of their 981 student capacity prototype
most recently used at Wendell Middle. It is anticipated that this exemption will shorten design time
by six months, reduce design cost by almost $550,000, and help expedite the project. Staff
recommends selection of Cherry Huffman Architects, PA. Negotiations have been completed with
Cherry Huffman Architects, PA, 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 is
$33,928,778, of which $1,000,000 is available from CIP 2006 and $51,889 from CIP 2006 Offsite
(Public) Improvements. The total project budget includes total proposed compensation for the
design consultant of $1,269,774 (including offsite design) with $51,360 having been paid under a
prior contract. Therefore this contract amount is $1,218,414, but the consultant is authorized to
provide services only through the construction documents phase, in the amount of $656,686. A
future reallocation from Reserve will be needed at the completion of design to fund construction.
Recommendation for action: Board approval is requested.
17. MECHANICAL ENGINEERING SERVICES: VANCE ELEMENTARY HVAC
RENOVATION
Negotiations have been completed with Cheatham and Associates, P.A., to provide mechanical engineering services for the Vance Elementary School HVAC Renovation Project, in accordance with the Master Mechanical Engineering Services Agreement. Fiscal implications: Funding is available from the total project budget of $67,813,687 for CIP 2006 Life-Cycle Replacement of Building Components. Proposed compensation for the designer is $142,700. Recommendation for action: Board approval is requested.18. FINAL RECONCILIATION CMAR CONTRACT: LAUREL PARK ELEMENTARY
Board approval is requested for final contract reconciliation to D.H. Griffin Construction for theirConstruction Management at Risk (CMAR) contract for Laurel Park Elementary School. The final
Guaranteed Maximum Price for this contract is $16,089,641.09. The CMAR contracts allow for
unused construction manager contingency funds to be credited to the construction manager as
follows: 40% of the original contingency amount for meeting substantial completion; 20% of the
original contingency amount for meeting final completion; and up to 40% of the remaining
contingency amount for meeting specific performance measures. This construction manager met
substantial and final completion and met 83% of the performance measures. The attachments show
how the unused construction manager contingency distribution was calculated, the process for
evaluation of their performance, and other key criteria about this contract. The final contract
amount is unchanged. Fiscal implications: Funding is available from the total project budget of
$19,642,323, of which $895,000 is from Plan 2004 Start-up, $18,518,213 from CIP 2006, and
$229,110 from CIP 2006 Offsite (Public) Improvements. Recommendation for action: Board
approval is requested.
19. CHANGE ORDER NO. CM-23: POE ELEMENTARY
Board approval is requested for Change Order No. CM- 23 to Gilbane Building Company, Inc., fortheir Construction Management at Risk (CMAR) contract for the renovation of Poe Elementary.
This change order, a reduction in the amount of $25,000, provides final audit reconciliation and will
complete this contract. The final Guaranteed Maximum Price for this contract is $9,858,445. The
CMAR contracts allow 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 met 93% of the performance measures. The
attachments show how the unused construction manager contingency was calculated, the process for
evaluation of their performance, and other key criteria about this contract. Fiscal implications:
Funding is available from the total project budget of $13,191,360, of which $250,000 is from PLAN
2004, $12,804,876 from CIP 2006, and $136,484 from CIP 2006 Life-Cycle Replacement.
Recommendation for action: Board approval is requested.
STUDENT ACHIEVEMENT
20. ENLOE HIGH SCHOOL TRIP TO OYONNAX, LYON BRESSE, AND ANNECY,
FRANCE
Students participating will be representative of French Exchange Program, grades 9-12.Approximately 25 students will participate and 4 chaperones.
Students will depart RDU Tuesday, June 14, 2011 and return Tuesday, June 28, 2011. No school will be missed as the trip is during Summer Break.
Students will have the opportunity to learn France's history and culture by staying with host families, visiting culturally significant places and using French in natural language situations.
Fiscal Implications: The cost per student is $1300.00. This trip is enrichment only and not a required trip. Families, private donations, and fundraising will enable students the opportunity to participate in this activity. Recommendation for Action: This item is recommended for consent.
21. ENLOE HIGH SCHOOL TRIP TO SCHWETZINGEN, GERMANY
Students participating will be representative of German Classes (levels 2-5), grades 10-12.Approximately 15 students will participate and 2 chaperones.
Students will depart RDU Sunday, June 26, 2011 and return Tuesday, July 19, 2011. No school will be missed as the trip is during summer break.
Enloe is a member of the German American Partnership Program (GAPP). A high school exchange program between schools in Germany and the United States.
Students will integrate into the everyday life of host families and into the classroom activities of host schools to provide them with a coherent intercultural experience.
The students from Germany will visit Enloe in April 2011.
Fiscal Implications: The cost per student is $2700.00. The US Department of State and the German Foreign Office are sponsoring this program. Families are subsidizing the trip. Grant funds from the GAPP Exchange Program will help defray costs while in Germany. Corporate donations are being investigated. Recommendation for Action: Board approval is requested.
22. GRANT PROPOSALS
Competitive (#006811): North Carolina Association of Soil & Water Conservation Districts, Auxiliary Grant / Individual Schools.Competitive (#006911): Muzak Heart and Soul Foundation, Music Matters Music Education Grant / Individual Schools.
Competitive (#007011): American Honda Foundation, Honda Foundation Grant Program / Individual Schools.
Competitive (#007111): State Farm Insurance, Company Grant Program / Individual Schools.
Competitive (#007211): Allstate Foundation, Allstate Foundation Grant / Individual Schools.
Competitive: (#007311): Food Lion Charitable Foundation, Education Grants / Individual Schools.
Competitive (#007411): Kroger Foundation, Kroger Foundation Grant / Individual Schools.
Competitive (#007511): Qwest Foundation, Qwest Foundation Grant Program / Individual Schools.
Competitive (#007611): Toyota, Toyota TAPESTRY Grants for Science Teachers Program / Individual Schools.
Competitive (#007711) Fiskars, Project Orange Thumb / Individual Schools.
Competitive (#007811) Burroughs Wellcome Fund, Career Award for Science and Mathematics Teachers / Individual Schools.
Competitive (#007911) National Science Teachers Association, Shell Science Lab Challenge / Individual Schools.
Competitive (#008011) NAMM Foundation, Wanna Play Fund / Individual Schools.
Entitlement (#008111) PRC 105 - US Department of Education, NC Department of Public Instruction, Title I School Improvement / Central Services.
Fiscal Implications: Any required cash and/or in-kind matching contributions vary by grant
program. Recommendation for Action : Staff is requesting Board approval.
HUMAN RESOURCES
23. RECOMMENDATIONS FOR EMPLOYMENT
a. Professionalb. Support
BOARD
24. BOARD ADVISORY COUNCIL NOMINATIONS
This represents new nominations to the Board Advisory Councils. The nominationforms are attached for the Board's review and consideration. Fiscal Implications:
None. Recommendation for Action: Board approval is requested.
ACTION ITEMS
FINANCE
25. FUND BALANCE APPROPRIATION
To appropriate fund balance designated and reserved for the purpose of reimbursing the NorthCarolina Department of Public Instruction for excess months of employment paid from State
Funds. Fiscal Implications: The appropriation requested is in the amount of $265,225.13
Designated fund balance is reserved and available for this appropriation. Recommendation for
Action: Board Approval is requested.
FACILITIES
26. NAMING OF THE PLEASANT UNION ELEMENTARY SCHOOL GYMNASIUM IN
HONOR OF EDWARD CLAYTON MCLEAN
The Pleasant Union Elementary School Leadership Team has recommended that the school'sgymnasium be named in honor of Mr. Edward Clayton McLean. Coach McLean built a top quality
physical fitness program during his seventeen years of service at Pleasant Union. In addition, Coach
McLean taught and coached at Cary Middle School and Broughton High School, and coached at the
collegiate level. More detailed background information is provided in the attached letter. In
accordance with Board of Education policy 2571, it is appropriate to rename the gymnasium in
honor of Edward Clayton McLean, in recognition of his extraordinary service to the community and
to students of Wake County. Fiscal Implications: The cost of any plaque or sign will be funded
from private sources. Recommendation for action: Board approval is recommended.
27.BIDS: NEW SIGNAGE & CANOPIES (EAST MILLBROOK MIDDLE)
Bids for new signage and canopies at East Millbrook Middle were received on November 16, 2010. The new signage consists of a new precast concrete school sign to replace the old wooden sign and exterior signage that better identifies the buildings and gives visitors better directions. There are four new canopies being added to the campus in order to provide canopies to connect all buildings as other schools with this same design already have. Staff and CLH Design, PA, recommend award of the single-prime contract to Harrod and Associates Contractors, Inc., in the amount of $138,945. Fiscal implications: Funding is available from the total project budget of $28,930,644, of which $109,089 is from PLAN 2000 Start-up, $3,470,802 from PLAN 2004, and $25,350,753 from CIP 2006. Recommendation for action: Board approval is requested.STUDENT ACHIEVEMENT
28. JUNIOR RESERVE OFFICERS' TRAINING CORPS (JROTC)
Enloe High School requests permission to submit an application to establish a JROTC - Army program at their school.Currently, we have Navy, Air Force and Army JROTC programs in our school district.
The Army has confirmed that they have new program openings available.
Fiscal Implications: Enloe High School will be devoting 10 months of employment (MOE) and
facility space to establish this program. Recommendation for Action: Staff is requesting Board
approval.
29. AMENDMENT ONE TO PUBLIC CONSULTING GROUP
WCPSS Special Education Services received additional funds for Medicaid Fee for Services as a resultof funds generated for services provided during the 2007-08 school year. The adjustment was made
based on the actual costs of services and as compared to the amount reimbursed by Medicaid as
determined by the cost reporting analysis conducted by PCG. PCG receives 15% of any revenue we
receive because of Medicaid claims. Based on the additional funds we received, PCG will receive
approximately $125,000. Therefore, we are increasing our contract with PCG by this $125,000.
Fiscal Implications: Funding in Special Education Services' budget in the amount of $125,000 is to
be used to pay the cost of these services. Recommendation for Action: Board approval is
requested.
30. ACCOUNTABILITY GATEWAYS
In October 2010 The State Board of Education voted to eliminate the gateway requirement ingrades 3, 5, and 8 and the five EOC requirements in high school. Local LEAs were given the option
to enforce more stringent requirements. Fiscal Implications: None. Recommendation for
Action: For the 2010-2011 school year, staff is recommending that local requirements remain as
they were prior to the State Board of Education vote
31. CENTRAL RECORDS RESERVED FUND BALANCE APPROPRIATION
Staff requests an appropriation of $16,972.95. This appropriation will provide funds to scan studentrecords of graduates and students who have withdrawn from the system. Fiscal Implications:
Funds reserved in fund balance through multi-year transcript fee collection. At this time, $16,972.95
is available. Recommendation for Action: Staff requests approval of the appropriation.
HUMAN RESOURCES
32. BOARD POLICY 2333/3033/4033- REPORTING INFORMATION TO THE
PRINCIPAL AND EXTERNAL AGENCIES
Revised: First ReadingThis revision was presented at the Board Work Session/Committee of the Whole on December 7, 2010. It
reflects a change in terminology rather than a change in content. Fiscal Implications: None.
Recommendation for Action: Board approval is requested.
POLICY
33. BOARD POLICY 6424: GANG AND GANG RELATED ACTIVITIES
First ReadingWorking with the Board attorney, potential changes to Board Policy 6424 were identified. The
revisions also reflect minor wording changes for increased clarity for all customers. The Board
reviewed the policy changes in the Board work session. Fiscal Implications: None.
Recommendation for Action: Board approval is requested.
34. REVISION OF POLICY 1340, STANDING COMMITTEES
Second ReadingOn July 20th, the Board members repealed Policy 1340, Standing Committees, in an effort to make
changes to the Board meeting structure. At the November 9th Board o Education work session, the
Board agreed to reinstate the policy with changes recommended by the Board members. The
following statement was added, "The committee chair shall establish a regular schedule for the
committee meetings and shall have discretion to call meetings on an ‘as needed basis." This change
allows committee chairs flexibility to hold meetings only when needed. Fiscal Implications: None.
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 consider confidential student information protected under G.S. 115C-402 and the Family Educational and Privacy Rights Act, 20 U.S.C. 1232g.
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)(5).
To consult with the Board of Education attorney and preserve the attorney-client privilege as provided in G.S. 143-318.11 (a)(3)with respect to Mitchell, et al. v. Wake County Board of Education, et al.
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
35. RECOMMENDATION FOR ADMINSTRATIVE APPOINTMENT(S)
ADJOURNMENT
Meetings will be held in the Administration Building, 3600 Wake Forest Road, Raleigh, NC unless otherwise indicated.