File Number: 083423
|Clerk's Official Copy|
|File Number: 083423||File Type: Resolution||Status: Adopted|
|Version: 0||Reference: R-1271-08||Control: Board of County Commissioners|
|Requester: NONE||Cost:||Final Action: 11/20/2008|
|Sunset Provision: No||Effective Date:||Expiration Date:|
|Registered Lobbyist:||None Listed|
|Acting Body||Date||Agenda Item||Action||Sent To||Due Date||Returned||Pass/Fail|
|County Attorney||11/24/2008||Assigned||Terrence A. Smith||11/24/2008|
|Board of County Commissioners||11/20/2008||11 A33 Amended||Adopted as amended||P|
|REPORT:||Chairman Barreiro rescinded his nomination of Mr. William “Bill” Diggs to the Metro-Miami Action Plan (MMAP) Nominating Council, and subsequently nominated Father Kenneth Major (phonetic) to serve as a member of the MMAP Nominating Council. Commissioner Seijas expressed concern with language providing for the removal of MMAP Trustees, and asked who would govern the existing contracts when that occurred. Assistant County Attorney Terrence Smith noted a provision included in the foregoing proposed resolution provided that the MMAP Nominating Council would convene within ten days to select the new board members. County Attorney Cuevas advised that once MMAP was placed on management watch, the County Manager would oversee what was being done; however, running the agency and decision-making could only be done by the Trust. He noted this language could be amended to shorten the gap between the time Trustees were removed and the nominations of new members. Commissioner Edmonson asked that the foregoing proposed resolution be amended to include two (2) additional vacancies to the Oversight Review Board’s membership as recommended by Commissioner Seijas. In response to Commissioner Seijas’ recommendation that the maximum time allowed for nominating a new Board of Trustees not exceed thirty (30) days, Commissioner Edmonson stated she needed the timeframe to be set at ninety (90) days to allow time to advertise and increase the likelihood of attaining well-qualified members. Chairman Barreiro distributed copies of his proposed changes to the MMAP personnel policy, and noted these recommendations resulted after he revisited MMAP’s currently frozen policy. Dr. Marzell Smith, former member, MMAP Board of Trustees, appeared before the Board and expressed his opposition to the Board’s actions dismissing the Trust Board members and placing the MMAP Agency on management watch. Following discussion, the Board adopted the foregoing resolution as amended to provide that a quorum consisting of no less than six (6) of the voting members shall be present; the Oversight Board shall initially be comprised eleven (11) members; the Board shall exist for a period not to exceed ninety (90) days; and Section 8 of this resolution should reflect Greicy Lovin-Meighan rather than Greizy Lovin-Meighan.|
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
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; 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 ninety (90) 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 eleven (11) members of whom the following nine (9) members 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 six (6) of the voting members shall be present. The Oversight Board shall adopt a schedule of regular meetings. Special meetings of the Oversight Board may be called by the Chairperson or upon the written request of four (4) members. All meetings of the Oversight Board shall be public and written minutes shall be maintained.
Section 5. Duties and Functions. The Oversight Board 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 Greicy 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.
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