HomeMy WebLinkAboutResolutions - 2020.09.03 - 33628MISCELLANEOUS RESOLUTION #20369 September 3, 2020
BY: Commissioner David T. Woodward, Chairperson, Pandemic Response and Economic Recovery
Committee
IN RE: BOARD OF COMMISSIONERS — ESTABLISHMENT OF THE OAKLAND TOGETHER SCHOOL
COVID-19 SUPPORT FUND AND APPROPRIATION OF $28 MILLION FROM CARES ACT
CORONAVIRUS RELIEF FUNDS
To the Oakland County Board of Commissioners
Chairperson, Ladies and Gentlemen:
WHEREAS the education of our children is of utmost importance and learning was interrupted when schools
in Michigan were closed on March 16, 2020 to help control the spread of COVID-19; and
WHEREAS Oakland County school districts and public school academies, in response to the COVID-19
pandemic, have begun planning and preparing for the 2020-2021 school year by addressing the protocols
for safe educational environments, while still meeting the academic support needs of the students and
teachers; and
WHEREAS the preparations and plans include virtual remote learning or a hybrid of in-person and remote
learning; and
WHEREAS the Oakland County Health Division is working with the schools to convey science-based
guidance and current information on the impact that COVID-19 is having on communities; and
WHEREAS pursuant to MR#20205, the Oakland County Board of Commissioners acted to support our
schools by approving the Oakland Together School Nurse Program; and
WHEREAS the success of our schools to facilitate learning in a safe educational environment for our
students and teachers is essential to the wellbeing of our children and families and the economic recovery
of our County; and
WHEREAS the County of Oakland was allocated $219,438,710 under the Coronavirus Aid, Relief, and
Economic Security Act (CARES Act)'s Coronavirus Relief Fund (CRF) to respond directly to the emergency
as well as expenditures incurred to respond to second-order effects of the emergency, and
WHEREAS these funds may only be used to cover costs that are necessary expenditures incurred due to
the public health emergency; were not accounted for in a budget approved as of March 27, 2020; are not
government revenue replacements; and are incurred by December 30, 2020; and
WHEREAS the guidance provided by the U.S Treasury indicates CARES Act funds may be used to
"facilitate distance learning, including technological improvements, in connection with school closings to
enable compliance with COVID-19 precautions;" and
WHEREAS the guidance provided by the U.S. Treasury indicates eligible expenses include "expenses for
the acquisition and distribution of medical and protective supplies" and "expenses for disinfection of public
areas and other facilities," and expenses to ensure compliance with COVID-19 public health orders; and
WHEREAS the County has retained outside expert counsel in Pierce, Monroe & Associates, LLC, assisted
by Guidehouse (formerly PwC), to ensure compliance with the CARES Act and full utilization of federal
funding resources.
NOW THEREFORE BE IT RESOLVED the Oakland County Board of Commissioners hereby establishes
the Oakland Together School COVID-19 Support Fund ("The Fund") to support school districts for the
implementation of safety protocols stemming from the COVID-19 pandemic.
BE IT FURTHER RESOLVED the Oakland Together School COVID-19 Support Fund ("The Fund") shall
be administered with the following guidelines:
• The distribution formula for the allocation of available funding to school districts and public school
academies shall be based upon the following weighted factors:
0 30% based on student population per district
o 15% based on number of special education students per district
0 35% based on number of economically disadvantaged students per district
o 20% total staffing per district
• Each school district and public school academy must submit an application detailing their request
for reimbursement for CARES Act Coronavirus Relief Act eligible expenses. At a minimum, the
application shall detail expenditures in the following categories:
a. Implementing new health and safety protocols,
b. Ensuring the mental & social emotional well-being of students, staff and parents,
c. Altering existing operations due to COVID-19,
d. Adjustments to learning/instruction plans and facilities including addressing technology
needs
• Each school district and public school academy shall report how much CARES Act funds they have
been awarded or received from all federal, state, and other sources as of August 31, 2020
Each school district and public school academy must execute an interlocal agreement with the
County. At a minimum, this agreement shall include provisions requiring participating school
districts and public school academies to participate in other applicable Oakland County COVID-19
Response programs.
• Each school district and public school academy may expend money only in accordance with the
interlocal agreement
• All expenditures must be supported by records sufficient to demonstrate that the amount of
payments from The Fund have been in accordance with Section 601(d) of the Social Security Act.
In accordance with the interlocal agreement each school district and public school academy must
provide this documentation to the County prior to receiving reimbursement.
The school district and public school academy must agree to participate in the production of
documents required by any future audit of the CARES Act program, and funds not spent in
accordance with the Act must be returned to the County.
• The school district and public school academy must agree that, in the event they receive direct
funding from the federal or state government to cover these expenses, the County money will be
returned.
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the creation of an Oakland
Together School COVID-19 Support Fund Oversight Committee comprised of the following representatives:
• (1) One Oakland County Commissioner from the majority party, and an alternate;
(1) One Oakland County Commissioner from the minority party, and an alternate,
(1) One Representative appointed by the Oakland County Executive.
BE IT FURTHER RESOLVED that the Board of Commissioners directs that an amount not more than
$100,000 from the Fund shall be reserved to provide mental health screening and referral services to school
age children, educators and parents. The administration of this program shall be under the authority of the
Oversight Committee.
BE IT FURTHER RESOLVED the Oversight Committee shall be charged with the development,
determination of eligible applicants, release, review and recommendation of a grant application process for
the Fund. In the conduct of their work, the Committee shall consult with appropriate outside and internal
counsel and staff for compliance with federal and state regulations
BE IT FURTHER RESOLVED Oakland County Board of Commissioners hereby approves the allocation
and appropriation of $28,000,000 in funding from the $219,438,710 CARES Act Coronavirus Relief Funds
for the Oakland Together Schools COVID-19 Support Fund. The release of funds for this program is
contingent upon approval by the Board of Commissioners of the grant applications and interlocal
agreements submitted by school districts and public school academies.
BE IT FURTHER RESOLVED that the FY 2020 budget be amended as follows:
GENERAL FUND (#10100)
Project: 100000003249
Bud Ref2020 Activity: GLB Analysis GLB
Revenue
FY 2020
9010101-133095-610313 Federal Operating Grants $28,000,000
Total Revenue 528.000.000
Expenditures
9010101-133095-731598 Regranting Program $28,000,000
Total Expenditures 28.000.000
Chairperson, on behalf of the Pandemic Response and Recovery Committee, I move the adoption of the
foregoing resolution.
David T. Woodward, District #19
Chairperson, Pandemic Response and Economic
Recovery Committee
PANDEMIC RESPONSE AND ECONOMIC RECOVERY COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
FINANCE AND INFRASTRUCTURE COMMITTEE VOTE:
Motion carried unanimously on a roll call vote.
Resolution #20369 September 3, 2020
Moved_bv Gershenson seconded by Miller the resolution be adopted.
Moved by Spisz seconded by Kowall the resolution be amended as follows:
Amending the following language to the 1s' BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED the Oakland Together School COVID-19 Support Fund ("The Fund")
shaft should be administered with the following guidelines:
• The distribution formula for the allocation of available funding to school districts and public school
academies shall be based upon the following weighted factors:
o 30% based on student population per district
0 15% based on number of special education students per district
0 35% based on number of economically disadvantaged students per district
0 20% total staffing per district
• Each school district and public school academy must submit an application detailing their request
for reimbursement for CARES Act Coronavirus Relief Act eligible expenses. At a minimum, the
application shall detail expenditures in the following categories:
a. Implementing new health and safety protocols,
b. Ensuring the mental & social emotional well-being of students, staff and parents,
c. Altering existing operations due to COVID-19,
d. Adjustments to learning/instruction plans and facilities including addressing technology needs
• Each school district and public school academy shall report how much CARES Act funds they have
been awarded or received from all federal, state, and other sources as of August 31, 2020.
• Each school district and public school academy must execute an interlocal agreement with the
County. At a minimum, this agreement shall include provisions requiring participating school
districts and public school academies to participate in other applicable Oakland County COVID-19
Response programs.
• Each school district and public school academy may expend money only in accordance with the
interlocal agreement.
• All expenditures must be supported by records sufficient to demonstrate that the amount of
payments from The Fund have been in accordance with Section 601(d) of the Social Security Act.
In accordance with the interlocal agreement each school district and public school academy must
provide this documentation to the County prior to receiving reimbursement.
• The school district and public school academy must agree to participate in the production of
documents required by any future audit of the CARES Act program, and funds not spent in
accordance with the Act must be returned to the County.
• The school district and public school academy must agree that, in the event they receive direct
funding from the federal or state government to cover these expenses, the County money will be
returned.
Discussion followed.
Vote on amendment:
AYES: Middleton, Spisz, Taub, Weipert, Gingell, Hoffman, Kowall, Kochenderfer, Kuhn,
Long. (10)
NAYS: McGillivray, Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson, Jackson,
Luebs, Markham. (11)
A sufficient majority not having voted in favor, the amendment failed.
Moved by Spisz seconded by Kowall the resolution be amended as follows:
Amending the following language to the 1s' BE IT FURTHER RESOLVED:
BE IT FURTHER RESOLVED the Oakland Together School COVID-19 Support Fund ("The Fund")
shah should be administered with the following guidelines:
• The distribution formula for the allocation of available funding to school districts and public school
academies shall be based upon the following weighted factors:
0 30% based on student population per district
0 15% based on number of special education students per district
o 35% based on number of econem Gaily disadvantaged students „er istr^'students eligible for
free and reduced lunch
o 20% total staffing per district
Discussion followed.
Vote on amendment:
AYES: Middleton, Nelson, Spisz, Taub, Weipert, Gingell, Hoffman, Kochenderfer, Kuhn,
Long. (10)
NAYS: Miller, Powell, Quarles, Woodward, Zack, Gershenson, Jackson, Kowall, Luebs, Markham,
McGillivray. (11)
A sufficient majority not having voted in favor, the amendment failed.
Moved by Kowall seconded by Gingell to reconsider the vote on the Spisz Amendment #2.
The Chairperson ruled the request out of order. There were no objections.
Moved by Spisz seconded by Middleton to amend the resolution as follows:
Amending the following language to the 1s' BE IT FURTHER RESOLVED by inserting the following
language:
BE IT FURTHER RESOLVED the Oakland Together School COVID-19 Support Fund ("The Fund")
shall be administered with the following guidelines:
• The distribution formula for the allocation of available funding to school districts and public school
academies shall be based upon the following weighted factors
0 30% based on student population per district
0 15% based on number of special education students per district
0 35% based on number of economically disadvantaged students per district
0 20% total staffing per district
o Uoon the finalization of the distribution formula as detailed above, the following
adjustments shall be made:
o An additional weighted factor of 10% for school districts and public school
academies serving Oakland County that received the lowest foundation
allowance from the State of Michigan in FY19-20.
o A reduced weighted factor of 10% for school districts and public school
academies serving Oakland County that received the highest foundation
allowance from the State of Michigan in FY19-20.
• Each school district and public school academy must submit an application detailing their request
for reimbursement for CARES Act Coronavirus Relief Act eligible expenses. At a minimum, the
application shall detail expenditures in the following categories:
a. Implementing new health and safety protocols,
b. Ensuring the mental & social emotional well-being of students, staff and parents,
c. Altering existing operations due to COVID-19,
d. Adjustments to learning/instruction plans and facilities including addressing technology needs
• Each school district and public school academy shall report how much CARES Act funds they have
been awarded or received from all federal, state, and other sources as of August 31, 2020.
• Each school district and public school academy must execute an interlocal agreement with the
County. At a minimum, this agreement shall include provisions requiring participating school
districts and public school academies to participate in other applicable Oakland County COVID-19
Response programs.
• Each school district and public school academy may expend money only in accordance with the
interlocal agreement.
• All expenditures must be supported by records sufficient to demonstrate that the amount of
payments from The Fund have been in accordance with Section 601(d) of the Social Security Act.
In accordance with the interlocal agreement each school district and public school academy must
provide this documentation to the County prior to receiving reimbursement.
The school district and public school academy must agree to participate in the production of
documents required by any future audit of the CARES Act program, and funds not spent in
accordance with the Act must be returned to the County.
The school district and public school academy must agree that, in the event they receive direct
funding from the federal or state government to cover these expenses, the County money will be
returned.
Discussion followed.
Vote on amendment:
AYES: Spisz, Taub, Weipert, Gingell, Hoffman, Kochenderfer, Kowall, Kuhn, Long,
Middleton. (10)
NAYS: Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson, Jackson, Luebs, Markham,
McGillivray. (11)
A sufficient majority not having voted in favor, the amendment failed.
Discussion followed.
Moved by Taub seconded by Long to postpone action on the resolution.
Discussion followed.
Vote on postponement:
AYES: Spisz, Taub, Weipert, Gingell, Hoffman, Kochenderfer, Kowall, Kuhn, Long,
Middleton. (10)
NAYS: Miller, Nelson, Powell, Quarles, Woodward, Zack, Gershenson, Jackson, Luebs, Markham,
McGillivray. (11)
A sufficient majority not having voted in favor, the motion to postpone failed.
Discussion followed.
Moved by Markham seconded by Gershenson the resolution be amended as follows:
After the NOW THEREFORE BE IT RESOLVED, insert the following BE IT FURTHER RESOLVED
clause:
BE IT FURTHER RESOLVED public school districts and public school academies
operating a building or buildings for educational purposes in Oakland County are eligible
for grant funding from the Oakland Together School COVID-19 Support Fund ("The
Fund"); and
Discussion followed.
Vote on amendment:
AYES: Quarles, Weipert, Woodward, Zack, Gershenson, Jackson, Markham, Miller. (8)
NAYS: Powell, Spisz, Taub, Gingell, Hoffman, Kochenderfer, Kowall, Kuhn, Long, Luebs,
McGillivray, Middleton, Nelson. (13)
A sufficient majority not having voted in favor, the amendment failed.
The Chairperson addressed the Board to call a recess at 8:06 p.m.
The Chairperson addressed the Board to reconvene at 9:03 p.m.
Roll call:
PRESENT: Spisz, Taub, Weipert, Woodward, Zack, Gershenson, Gingell, Hoffman, Jackson,
Kochenderfer, Kowall, Kuhn, Long, Luebs, Markham, McGillivray, Middleton, Miller, Nelson,
Powell, Quarles. (21)
EXCUSED ABSENCE WITH NOTICE: None. (0)
Moved by Nelson seconded by Gershenson the resolution be amended as follows:
Amend the 18' BE IT FURTHER RESOLVED clause as follows:
BE IT FURTHER RESOLVED the Oakland Together School COVID-19 Support Fund ('The Fund") shall
be administered with the following guidelines:
• The distribution formula for the allocation of available funding to school districts and public school
academies shall be based upon the following weighted factors:
0 30%based on student population per district
o 16% based on number of special education students per district
0 35% based an number of economically disadvantaged students per district
0 29% total staffing per district
Amend the 2nd BE IT FURTHER RESOLVED clause as follows:
BE IT FURTHER RESOLVED that the Board of Commissioners authorizes the creation of an Oakland
Together School COVID-19 SupportFund Oversight Committee comprised of the following representatives:
(42) Gas Two Oakland County Commissioner from the majority party, and an alternate;
• (1) One Oakland County Commissioner from the minority party, and an alternate;
(1) One Representative appointed by the Oakland County Executive.
After the 41h BE IT FURTHER RESOLVED clause add:
BE IT FURTHER RESOLVED the Oversight Committee shall present a report, accompanied with
detailed statistics to the Board of Commissioners of the allocations per school district and public
school academy with the weighted factors described above, no less than five days following the
enactment of this resolution.
Discussion followed.
Vote on amendment:
AYES: Quarles, Woodward, Zack, Gershenson, Jackson, Luebs, Markham, McGillivray, Miller,
Nelson, Powell. (11)
NAYS: Spisz, Taub, Weipert, Gingell, Hoffman, Kochenderfer, Kowall, Kuhn, Long,
Middleton. (10)
A sufficient majority having voted in favor, the amendment carried.
Vote on resolution, as amended:
AYES: Weipert, Woodward, Zack, Gershenson, Jackson, Kochenderfer, Kowall, Kuhn, Long,
Luebs, Markham, McGillivray, Miller, Nelson, Powell, Quarles, Spisz. (17)
NAYS: Taub, Gingell, Hoffman, Middleton. (4)
A sufficient majority having voted in favor, the resolution, as amended, was adopted.
Moved by Middleton to reconsider the vote on the Spisz Amendment #2.
The Chairperson ruled the request out of order. There were no objections.
STATE OF MICHIGAN)
COUNTY OF OAKLAND)
I, Lisa Brown, Clerk of the County of Oakland, do hereby certify that the foregoing resolution is a true and
accurate copy of a resolution adopted by the Oakland County Board of Commissioners on September 3,
2020, with the original record thereof now remaining in my office.
In Testimony Whereof, I have hereunto set my hand and affixed the seal of the Circuit Court at Pontiac,
Michigan this 3rd of September, 2020.
Lisa Brown, Oakland County
Y APPROVE"THEFOGOING' RESOLM