Miami-Dade Legislative Item
File Number: 083292
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File Number: 083292 File Type: Resolution Status: Amended
Version: 0 Reference: Control: Board of County Commissioners
File Name: CREATING MMAP OVERSIGHT REVIEW BOARD Introduced: 11/12/2008
Requester: NONE Cost: Final Action:
Agenda Date: 11/20/2008 Agenda Item Number: 11A33
Notes: SEE #083423 FOR FINAL VERSION AS ADOPTED. Title: RESOLUTION CREATING THE METRO MIAMI ACTION PLAN TRUST OVERSIGHT REVIEW BOARD; REMOVAL OF MMAP TRUSTEES; CONVENING THE NOMINATING COUNCIL; AND AUTHORIZING THE MAYOR OR MAYOR’S DESIGNEE TO PLACE MMAP ON MANAGEMENT WATCH
Indexes: METRO-MIAMI ACTION PLAN TRUST
Sponsors: Audrey M. Edmonson, Prime Sponsor
  Barbara J. Jordan, Co-Sponsor
  Dennis C. Moss, Co-Sponsor
Sunset Provision: No Effective Date: Expiration Date:
Registered Lobbyist: None Listed


Legislative History

Acting Body Date Agenda Item Action Sent To Due Date Returned Pass/Fail

Board of County Commissioners 11/20/2008 11A33 Amended
REPORT: (See Agenda Item 11A33 Amended, Legislative File No. 083423)

County Manager 11/17/2008 Scrivener's Errors 11/20/2008
REPORT: On handwritten page 5, in Section 5, replace the words The Task Force with The Oversight Board.

Economic Development and Human Services Committee 11/12/2008 2J AMENDED Forwarded to the BCC by the BCC Chairperson with favorable recommendation with committee amendments P
REPORT: Assistant County Attorney Cynthia Johnson-Stacks read the foregoing proposed resolution into the record along with Agenda Item 2I, Legislative File No. 083278. Chairwoman Edmonson relinquished the Chair to Vice-Chairwoman Sorenson. Commissioner Jordan offered an amendment to this proposed resolution to place Metro-Miami Action Plan Trust (MMAP) on Management Watch to provide a process until the new MMAP Board of Trustees was appointed. Commissioner Edmonson informed the Committee members of an Emergency Meeting held to discuss MMAP, the appointment of a new Board of Trustees for MMAP and non-support of a Management Watch by the County Administration. Commissioner Jordan explained a Management Watch during the interim would allow oversight of the operations of the MMAP Agency until the new MMAP Board of Trustees was appointed. Discussion ensued between Commissioners Jordan and Edmonson regarding the process to follow until the new MMAP Board of Trustees was appointed. Vice-Chairwoman Sorenson spoke in support of the Management Watch and the amendment offered by Commissioner Jordan. Commissioner Moss spoke in support of the proposed amendment to provide additional oversight during the transition period for MMAP. He noted the County would intervene and support the Beacon Council or Greater Miami Visitors Bureau if they had issues because the County believed in their missions, and MMAP should receive the same level of support. The Committee proceeded to vote on this proposed resolution as amended. In response to Commissioner Jordan’s question regarding the Chair of the MMAP Trust serving on the MMAP Nominating Council (Nominating Council), Assistant County Attorney Terrence Smith noted the Nominating Council could proceed with four members and without the Chair of the MMAP Trust. In response to Commissioner Moss’ question if the existing ordinance had to be changed if the County Commission wanted the Chair of this Committee to serve on the Nominating Council, Assistant County Attorney Smith advised the Committee member that the Chair of this Committee was a member of the Nominating Council. Assistant County Attorney Terrence Smith clarified that this proposed resolution was amended to incorporate and to add Section 10 as follows: “Section 10. The County Mayor or the Mayor’s designee is authorized pursuant to Section 2-505(e) of the Code of Miami-Dade County to place MMAP on Management Watch provided, however, the Mayor or the Mayor’s designee shall not be allowed to change, program or reprogram funds during the Management Watch. The Management Watch shall continue until the new MMAP Board of Trustees is in place, following the report of the Oversight Board. The Mayor or Mayor’s designee is further directed to present a plan to this Board prior to the seating of the new Board of Trustees, which provides timelines for removal of MMAP from Management Watch as required by the before-mentioned section of the Code.” Discussion ensued among the Committee members and Assistant County Attorney Smith regarding the oversight and the allowance of the MMAP Trust Oversight Review Board (“Oversight Board”) to present recommendations before any changes to MMAP, and the plan coming back to the County Commission from the County Mayor or his designee before the new Board of Trustees being seated. Ms. Curry stated the Management Team (the County Mayor’s and the County Manager’s offices) would work with the Oversight Board and if any issues and/or concerns arose that needed to be address immediately, then Management would present them to this Committee before the Administration made any changes to the MMAP Agency. Hearing no objection, the Committee forwarded this proposed resolution as amended. Later in the meeting, Chairwoman Edmonson requested staff to prepare the appropriate memorandum to the Board of County Commissioners (BCC) Chairman Bruno A. Barreiro requesting that the Board’s Rules and Procedures be waived to hear this proposed resolution at the November 20, 2008, Board meeting. Commissioners Jordan and Moss asked to be listed as co-sponsors on this proposed resolution.

County Attorney 11/12/2008 Assigned Terrence A. Smith

Legislative Text


TITLE
RESOLUTION CREATING THE METRO MIAMI ACTION PLAN TRUST OVERSIGHT REVIEW BOARD; REMOVAL OF MMAP TRUSTEES; CONVENING THE NOMINATING COUNCIL; AND AUTHORIZING THE MAYOR OR MAYOR’S DESIGNEE TO PLACE MMAP ON MANAGEMENT WATCH

BODY
WHEREAS, pursuant to Article XLVIII, Section 2-501 et seq. of the Code of Miami-Dade County the Metro Miami Action Plan Trust (“MMAP”) was created in 1992 as an independent revocable trust that is also an agency and instrumentality of Miami-Dade County; and
WHEREAS, the purpose of MMAP’s creation was to address the racial disparities between members of the African-American community and members of other communities by development of an action plan for the social and economic development of the African American community; and
WHEREAS, over the years MMAP has served the African American community in Miami-Dade County through various programs that address the economic, housing and educational needs of this community; and
WHEREAS, notwithstanding MMAP’s accomplishments over the years, the Board recognizes that serious concerns have been raised concerning MMAP’s operations; and
WHEREAS, the Miami-Dade Audit and Management Services (“AMS”) recently issued a draft audit report which, while commending MMAP on its programs that provide homeownership opportunities for qualified residents of Miami-Dade County and its alternative program through Teen Court for at-risk youth, identified serious deficiencies in leadership, strategies, vision, accountability and stewardship of their limited resources; and
WHEREAS, this Board ultimately has the responsibility for the oversight of MMAP performs; and
WHEREAS, this Board desires to explore all options with regard to the management and oversight of MMAP through the creation of an advisory board that will provide findings and recommendations to this Board; and
WHEREAS, this Board believes that notwithstanding the creation of the advisory board it is in the best interest of MMAP and this Board to remove all current MMAP Trustees and to convene the MMAP Nominating Council immediately to commence the process for appointing a new Board of Trustees,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONS OF MIAMI-DADE COUNTY, FLORIDA, that:
Section 1. The Board considers the management problems of MMAP to be urgent and serious thus requiring immediate action to be taken by this Board.
Section 2. Creation of Oversight Board. There is hereby created and established in Miami-Dade County an advisory board to be known as the Metro Miami Action Plan Trust Oversight Review Board (“Oversight Board”) which shall exist for a period not to exceed three hundred and sixty-four (364) days following the adoption of this resolution, or the appointment and seating of the new Board of Trustees of MMAP or any other entity created by this Board, whichever is earliest.
Section 3. Initial Membership. The Oversight Board shall initially be composed nine (9) members of whom the following are hereby appointed as the initial members:
a. Rachel Reeves, Publisher of the Miami Times;
b. Robert Holland, Esq. Private Attorney;
c. Rev. Richard Dunn, President of People United to Lead the Struggle for Equality (P.U.L.S.E.);
d. Patrick Range, Sr., President of Range Funeral Home, Inc.;
e. H.T. Smith, Esq. Private Attorney;
f. Rev. Walter T. Richardson, Senior Pastor at Sweet Home Missionary Baptist Church;
g. Bishop Victor T. Curry, Senior Pastor of New Birth Baptist Church Cathedral of Faith International and President of Miami-Dade Branch of the NAACP;
h. Darryl K. Sharpton, CPA, Consulting Partner, Sharpton Brunston & Company; P.A.; and
i. The Honorable Betty Ferguson, Educator and Former Miami-Dade County Commissioner.
Section 4. Organization. The Oversight Board shall appoint a Chair from amongst its members. In order to transact any business or to exercise any power vested in the Oversight Board, a quorum consisting of no less than five (5) of the voting members shall be present. The Task Force shall adopt a schedule of regular meetings. Special meetings of the Task Force may be called by the Chairperson or upon the written request of four (4) members. All meetings of the Task Force shall be public and written minutes shall be maintained.
Section 5. Duties and Functions. The Task Force shall be charged with the following duties, functions and responsibilities:
a. To explore various options related to the oversight and management of MMAP, including but not limited to the possibilities of restructuring, merging MMAP with another department or office of Miami-Dade County, the complete dismantlement of MMAP and/or the creation of a new entity to address those areas that are currently assigned to MMAP.
b. To explore the potential role of this Board and/or the County’s administration with respect to the future oversight of MMAP.
c. To develop benchmarks related to the functions and responsibilities of MMAP.
d. To make any additional recommendations that address all aspects of MMAP’s operations, including but not limited to addressing certain MMAP functions that will assist the agency in achieving its mission.
e. To make final findings and recommendations to the Miami-Dade Board of County Commissioners regarding the oversight and management of MMAP.
f. To serve in an advisory capacity to the Miami-Dade Board of County Commissioners and the Mayor of Miami-Dade County and other public and governmental entities with respect to all issues affecting or relating to the duties charged herein.
Section 6. Staff Support. The Oversight Board shall have the assistance from staff designated by the Mayor, County Manager, County departments and other governmental entities and legal representation from the County Attorney’s Office to enable the Oversight Board to carry out its duties, functions and responsibilities.
Section 7. Report. The Oversight Board shall provide the Miami-Dade Board of County Commissioners with a final report of its findings and recommendations within forty-five days of the effective date of this resolution.
Section 8. Pursuant to Section 2-504 of the Code of Miami-Dade County, the Board hereby removes by a two-third (2/3) vote of the entire membership of this Board John T. Jones, Herbert Robinson, Arthur Barnes, Dr. Marzell Smith, Marie B. Hyppolite and Greizy Lovin-Meighan as MMAP Trustees.
Section 9. The Nominating Council shall convene its members within ten (10) days of the date of this resolution pursuant to Section 2-503 of the Code of Miami-Dade County to commence the process of nominating the new Board of Trustees of MMAP.
>>Section 10. The County Mayor or the Mayor’s designee is authorized pursuant to Section 2-505(e) of the Code of Miami-Dade County to place MMAP on Management Watch; provided however the Mayor or the Mayor’s designee shall not be allowed to change, program or reprogram funds during the Management Watch. The Management Watch shall continue until such time as the new MMAP Board of Trustees is in place, following the report of the Oversight Board. The Mayor or Mayor’s designee is further directed to present a plan to this Board prior to the seating of the new Board of Trustees, which provides timelines for removal of MMAP from Management Watch as required by the before-mentioned section of the Code.<<1
1 Words stricken through and/or [[double]] shall be deleted. Words underscored and/or >>double arrowed<< constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged.



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