WCPSS--Board of Education
OPEN SESSION
CALL TO ORDER - 3 P.M.
QUORUM DETERMINATION
PLEDGE OF ALLEGIANCE
INFORMATION
Chair's CommentsSuperintendents CommentsAPPROVAL OF MEETING AGENDA
INFORMATION ITEMS
1. 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, 2008. The Board's independent certified public accountants, Cherry, Bekaert & Holland, LLP, have audited the general purpose financial statements and related combining and individual fund and account group statements and schedules and have rendered their unqualified opinion on them. The auditor's reports on the schedule of federal and state financial 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, 2008. Recommendation for Action: No Action Necessary.2. 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) is provided 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.3. AUDIT COMMITTEE REPORT
Gordon Brown, Audit Committee Chair, to present independent Audit Committee report on the Comprehensive Annual Financial Report review. Fiscal Implications: None. Recommendation for Action: This item is for information.4. A THREE-YEAR GROWTH AND PLANNING REASSIGNMENT PLAN
The staff of the Growth and Planning Department will present recommendations for a three-year Growth and Planning Reassignment Plan. A draft reassignment plan was released to the public at 9:00 a.m., November 15, 2008 and staff held five Community Engagement Meetings and considered public comments as they developed their final recommendations. The three year reassignment plan addressed the opening of ten new schools funded by CIP 2006 and changes that staff believes to be consistent with Board Policy 6200. Fiscal Implications: The opening of new schools and student movement will result in increased transportation costs. Facility-related costs such as the need for mobile and modular classrooms will be avoided. Recommendation for Action: Staff is presenting for information.PUBLIC COMMENT - 4 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
October 7, 2008-Closed Session Meeting MinutesOctober 8, 2008-Human Resources Committee Meeting MinutesOctober 21, 2008-Closed Session Meeting MinutesNovember 3, 2008-Board of Education Meeting MinutesNovember 3, 2008-Closed Session Meeting MinutesNovember 10, 2008-Facilities and Operations Committee Meeting MinutesNovember 10, 2008-Student Achievement Committee Meeting MinutesNovember 18, 2008-Committee of the Whole Meeting MinutesDecember 2, 2008-Committee of the Whole Meeting MinutesFINANCE
1. 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 November2008.Fiscal Implications: Not applicable. Recommendation for Action: Not applicable.2. FUND BALANCE APPROPRIATION
To appropriate fund balance designated and reserved for the purpose of reimbursing the North Carolina Department of Public Instruction for excess months of employment paid from State Funds. Fiscal Implications: The appropriation requested is in the amount of $565,419.52. Designated fund balance is reserved and available for this appropriation. Recommendation for Action: Board Approval is requested. 3. GIFTS TO THE SYSTEM
Eighty-seven gifts have been donated to the Wake County Public School System. The approximate value of the gifts is $65,683.00. Fiscal Implications: Not applicable. Recommendation for Action: No action is required.4. CHANGE ORDER 1 TO ST TECH, INC. SERVICE AGREEMENT
A Request for Proposal was released in June offering qualified vendors an opportunity to bid on contracted technical resources in the area of application development and programming. Fourteen proposals were received. A Selection Committee reviewed, scored and discussed each proposal in order to pare down the choices to what is termed a preferred vendor list. There are a total of four vendors included on this list. On September 16, 2008 the Board awarded ST Tech a contract to serve as one of these preferred vendors from which contracted technical resources are being utilized. Initially $265,000 was encumbered to offset anticipated costs of contract personnel under ST Tech. Since that time, calculations have been revised to account for additional contracted staff shifted over from another preferred vendor. An additional $170,936 is required to cover invoiced amounts through June 30, 2009. Fiscal Implications: Amount of change order is $170,936. Funding for contracted services was identified and planned for in the Technology Services 2008-09 operating budget request. Funding originally allotted to another preferred vendor was moved over to cover this expense. Recommendation for Action: Staff is requesting Board approval of change order.FACILITIES AND OPERATIONS
1. BIDS: MODULAR CLASSROOM BUILDING FOR HOLLY SPRINGS HIGH
Bids were received on November 20, 2008 for the on-site relocation, setup, and connection/installation of all services (power, water, sewer, data, ADA access, fire protection, and security) for one six-classroom modular building and two single mobile units at Holly Springs High School. Separate contracts have previously been issued to PGA Construction, Inc., for disassembly and transport to the site for the modular unit, and to C. Blake Lewis, Inc., for the mobile units. Staff and Ross/Deckard Architects, PA, recommend award of a single-prime contract to Beau Chene Company in the amount of $238,300. Reference the attachment for details of the per classroom costs. Fiscal implications: Funding is available from the total Mobile Classroom Relocation and Leasing 2007-2009 project budget of $16,935,553, all of which is from CIP 2006. Recommendation for action: Board approval is requested.2. CHANGE ORDER NO. CM-CO-11: HOLLY GROVE ELEMENTARY
Board approval is requested for Change Order No. CM-CO-11 to Clancy and Theys Construction Company, for their Construction Management at Risk (CMAR) contract for the new Holly Grove Elementary School. This change order, a reduction in the amount of $182,458.37, provides final reconciliation of the remaining construction manager contingency, unused general conditions, and allowances. This change order will complete this contract. The final Guaranteed Maximum Price for this project is $15,625,010. 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 and final completion, and met 91.4% 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 $19,866,068, all of which is from PLAN 2004. It is anticipated that savings from this project will be available for reallocation to PLAN 2004 Program Contingency in the near future. Recommendation for action: Board approval is requested.STUDENT ACHIEVMENT
1. ABC ACCOUNTABILITY COMPONENTS FOR ALTERNATIVE SCHOOLS
Alternative schools are included in the 2008-2009 ABCs under a special policy adopted by the North Carolina Board of Education (HSP-C-013). The evaluation of alternative schools will be based on two state mandated achievement-based components and three local options. Local options defined by the state include attendance, dropouts, school safety/student conduct, higher expectations for student achievement, student progress and proficiency, parent involvement, community involvement, and customer satisfaction. Schools achieving five of the five components will be determined to have made high growth, at least three of the five will be expected growth, at least two of the five will be no recognition, and one or none of the five will be low performing. As part of their school improvement plans for 2008-2009, the alternative schools identified three local options that reflect their school's mission. The local options selected by the schools have been approved by the school improvement teams and must in turn be approved by the local school board. Mt. Vernon School, Mary E. Phillips High School, and River Oaks Middle School are designated as alternative schools. Longview is designated as a special education school, which does not submit local objectives. Fiscal Implications: ABC incentive funds will be received from the state for the system's three alternative schools, Mt. Vernon School, Mary E. Phillips High School and River Oaks Middle School if they achieve their objectives. Recommendation for Action: Board Approval is requested.2. GRANT PROPOSALS
Competitive (#003709): Muzak Heart and Soul Foundation, Music Matters Music Education Grant / Individual Schools.Competitive (#003809): General Mills Foundation, Champions for HealthyKids Grant / Individual Schools.Competitive (#003909): NC Health and Wellness Trust Fund, A+ Fit School Designation and Grants Initiative / Individual Schools.Competitive (#004009): Wake Education Partnership, Progress Energy Foundation Grant / K-12 Science Department, Curriculum and Instruction.Competitive (#004109): Charles Lafitte Foundation / Individual Schools.Competitive (#004209): 21st Century Community Learning Center / Individual Schools.Collaborative (#004309): NC Department of Public Instruction and NC New Schools Project, North Carolina Learn and Earn Early College School High School Innovation Project. Fiscal Implications: Any required cash/or in-kind matching contributions vary by grant program. Recommendation for Action: Staff is requesting Board approval.HUMAN RESOURCES
1. RECOMMENDATIONS FOR EMPLOYMENT
a. Professional b. SupportACTION ITEMS
LEGISLATIVE
1. 2009 LEGISLATIVE AGENDA
The 2009 Legislative Agenda, as proposed by the Legislative Committee, is presented for approval. Fiscal Implications: Undetermined at this time. Recommendation for Action: Board approval is requested.STUDENT ACHIEVEMENT
1. FUTURE READY CORE GRADUATION REQUIREMENTS
The new state requirement for 2009-2010 will require 21 credits for graduation. However, the Wake County Public School System will continue to require 26 credits for graduation with the exception of the schools which currently require 20 credits. Those schools will move to a requirement of 21 credits. Fiscal Implications: None. Recommendation for Action: Approval requested.FACILITIES
1. INTERLOCAL AGREEMENT: ROADWAY AND SITE IMPROVEMENTS (LACY ELEMENTARY)
Issues have arisen during the current renovations to the Lacy Elementary School site regarding insufficiency of on-site vehicular stacking for parent drop off/pick up of students and the encroachment of the retaining wall on the northern side of the site within the Lake Boone Trail right-of-way. Terms and conditions have been reached whereby: 1. The City will waive their requirement to install a turn lane and curb and gutter to Lake Boone Trail to provide for extra stacking. 2. If in the future, congestion and safety issues arise as a result of not installing the turn lane, Board will proceed with the installation of the turn lane as shown on the approved plans. 3. Board will relocate the retaining wall onto the Lacy Elementary School site, will relocate the sidewalk along the southern side of Lake Boone Trail, will relocate the crosswalk on Lake Boone Trail at the new car entry from the east side of the entry to the west side of the entry, and will add an appropriate sidewalk receiving area at the north end of crosswalk, all as shown on approved site plans. 4. Board will install special school zone signage and speed zone notification lighting to improve walker and traffic safety around the school at such locations as are mutually agreed upon by the parties. Fiscal implications: The cost savings of removing the turn lane from the scope of the work is approximately $66,000. The additional signage cost is estimated at $15,000. Therefore the net project savings is expected to be about $51,000. Recommendation for action: Staff requests Board approval.2. REQUEST TO TOWN OF CARY FOR CHANGE OF ADEQUATE PUBLIC FACILITIES ORDINANCE
As condition of approval of site plans for installation of mobile/modular units at schools within its jurisdiction, the Town of Cary, requires compliance with its Adequate Public Facilities (APF) Ordinance. Typically to comply with this ordinance, Wake County Public School System (WCPSS) must fund a traffic study and must pay for and complete off-site improvements as proposed by the study. The mobile/modular units are intended to be temporary solutions to provide space for students until permanent space can be constructed. While the temporary units will be removed when no longer needed, the off-site improvements are permanent. Staff proposes that the Board request that the Cary Town Council modify its APF Ordinance to allow temporary school uses to be exempt from the ordinance and associated traffic study. Fiscal implications: WCPSS will incur the cost of off-site road improvements if this ordinance is not waived. Recommendation for action: Direct Staff to prepare a letter for Board Chair signature to request that Town of Cary modify its APF Ordinance to allow temporary school uses to be exempt from the ordinance and associated traffic study.3. OFFSITE ROAD IMPROVEMENTS FOR PANTHER CREEK HIGH
MODULARS
High School, the Town of Cary requires that Wake County Public School System comply with its Adequate Public Facilities ordinance by constructing off-site improvements to highway NC-55. The Town's traffic study, which WCPSS funded, identified nine mitigation steps. Six of the nine are to be completed by other developers or the town; two are operational issues being addressed by the principal; and the ninth must be completed by WCPSS. The required mitigation is construction of a 4,000 foot long, third north-bound lane, from McCrimmon Parkway to highway I-540, at an estimated cost of $1.4 million. Installation of the modular units will be completed during the winter, but the Town has conditioned approval of the site plan, and subsequently, issuance of a certificate of occupancy, upon agreement to complete the road construction. Staff sought a waiver of the requirement, but the Planning and Development Committee denied that request, because there is no provision to waive a town ordinance. Additional information is provided on the attached Town of Cary Staff Report. Subsequently, the Cary Town Council denied the request. Staff recommends Board approval for funding to widen NC-55. Fiscal implications: Funding for the purchase and setup of the modular units is available from the total project budget of $12,518,625, all of which is from the CIP 2006 9th Grade Center project. Funding for the road widening, in the estimated amount of $1,400,000, will ultimately come from CIP 2006 Offsite Improvements. Presently that funding source has been depleted and a reallocation request is pending with the Board of Commissioners to move funds from CIP 2006 Program Contingency to CIP 2006 Offsite Improvements. Until that reallocation is approved by the Board of Commissioners, the funds are available within the CIP 2006 9th Grade Center budget. Recommendation for action: Board approval is requested.4. RESOLUTION: CIP 2006 REALLOCATION
H-6 high school, scheduled for completion in 2011, is one of four CIP 2006 projects that has not bid and is partially funded within the $336.5 million available from short term financing and cash. In order to continue making progress during uncertain times, the project has been split into at least six incremental packages - each of which has a go/no-go decision point. The next decision point will occur in January, when procurement of the "early steel package" will be advertised, and other packages will be considered for advertisement in February. Wake County Public School System (WCPSS) and Wake County staffs have concluded that the most prudent method to appropriate funds for the H-6 project is to reallocate funds in the amount of $6,000,000 from the previously appropriated Life Cycle Replacement of Building Components line item, rather than to appropriate additional funds for H-6, to provide needed funding for work packages that will be advertised in January 2009. It is anticipated that the next request for reallocation of funding will be made for this project at the January 20, 2009 Board meeting, to provide needed funding for work packages that will be advertised in February 2009. Fiscal implications: The total of this reallocation request is $6,000,000. When the economy improves to the point that Wake County is able to sell general obligation bonds, this money will be reallocated back to Life Cycle Replacement, and H-6 funds will be appropriated. The cash flow needed for these and other H-6 packages prior to October 2009 is approximately $4,000,000, which is within the $336,500,000 cash available. Recommendation for action: Staff requests Board approval.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).ACTION ITEMS - Cont'dHUMAN RESOURCES
1. RECOMMENDATION FOR ADMINISTRATIVE APPOINTMENT(S)
2. RECOMMENDATION FOR ADMINISTRATIVE TRANSFER(S)
Meetings will be held in the Administration Building, 3600 Wake Forest Road, Raleigh, NC unless otherwise indicated.