County Attorney Gordon Watkins told the Forsyth County Board of Commissioners on Nov. 3 that the land assembled for the planned Ashley Elementary School consists of roughly 30 parcels purchased by the Winston‑Salem/Forsyth County Schools at different times and that the county has not approved most of those site purchases as required by state law.
Watkins quoted the statute, reading in part: "no contract for the purchase of a school site shall be executed nor any funds expended, therefore, without the approval of the Board of County Commissioners as to the amount to be spent for the site." He said the parcel now before the board for a specific purchase amount is 1809 North Liberty Street, proposed for a total of $50,000 (a $45,000 purchase price plus roughly $5,000 in closing and related costs).
The deputy chief financial officer, Lee Plunkett, told commissioners the school system has paid various option‑payments and purchase amounts dating to 2019 and 2020. Plunkett summarized documents showing option payments ranging from nominal amounts up to $350,000 for larger acquisitions, purchases from the City of Winston‑Salem totaling $207,076 for 18 parcels, and several condemnations finalized in 2024. Using the information the school system provided, Watkins said the schools have accounted for about $740,076 for 28 of the 30 parcels; adding the $45,000 now proposed brings the subtotal to about $785,076, leaving one parcel mislabeled in the records and one unaccounted for.
Watkins noted the board previously approved a budget ordinance amendment on Feb. 27, 2020, that allocated $805,551.69 to acquire land generally for Ashley Elementary. He said that authorization did not, however, constitute specific approval of individual site purchases and that, in his view, the school system should present the list of parcels and amounts for explicit ratification by the commissioners.
On the legal consequences, Watkins said purchases made without the required county approval could be "voidable" under the statute, but he added that practically reversing completed transactions would be difficult. He told commissioners the county could deny funding to construct a school on an unapproved site, which would be a practical lever if the board wanted to press the matter.
Commissioners and staff discussed next steps. Multiple commissioners asked staff to request a formal ratification request from the Board of Education listing each parcel, purchase price and supporting documents; Watkins and Plunkett recommended bringing the other 29 parcels forward for ratification once the school system supplies complete records. The item for Nov. 6 includes a resolution to approve the purchase of 1809 North Liberty and budget amendments moving $50,000 and $450,000 from budget reserve into the Ashley project.