Legislative Matter

Miami-Dade Legislative Item
File Number: 111857

Printable PDF Format

Clerk's Official Copy

File Number: 111857

File Type: Ordinance

Status: Adopted

Version: 0

Reference: 11-69

Control:

File Name: GENERAL FUND MILLAGE FOR THE FISCAL YEAR

Introduced: 9/2/2011

Requester: Office of Management and Budget

Cost:

Final Action: 9/22/2011

Agenda Date: 9/8/2011

Agenda Item Number: 1

Notes:

Title:

ORDINANCE APPROVING, ADOPTING AND RATIFYING THE COUNTYWIDE GENERAL FUND MILLAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012; LEVYING ALL TAXES SO PROVIDED; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

Indexes:	BUDGET
	MILLAGE

Sponsors:

NONE

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	9/22/2011	Item A	Adopted				P
REPORT:	County Attorney Robert Cuevas read the foregoing proposed ordinance into the record. Budget Director Jennifer Moon noted the proposed Countywide operating millage rate was 4.8050 mills, which was 10.35% below the State-defined rolled-back rate. Hearing no further questions or comments, the Commission voted to adopt the foregoing proposed ordinance. (Note: The foregoing ordinance was adopted on Friday, September 23, 2011). (See reports under Non-Agenda Report Items of Information for the Second Budget Hearing, Legislative File No. 121355 and 121357).

Board of County Commissioners	9/8/2011	Item A	Adopted on first reading		9/22/2011		P
REPORT:	County Attorney Robert Cuevas read Agenda Items A-F into the record. Ms. Jennifer Moon, Budget Director, Office of Management and Budget, read the following proposed millage rates into the record, and noted their comparison to the State defined rollback rates as follows: • Countywide Operating: 4.8050 mills, 10.35 percent below State defined rollback rate; • Unincorporated Municipal Service Area Operating: 2.0083 mills, 12.95 percent below; • Fire Rescue Service District Operating: 2.4496 mills, 4.43 percent below; • Library System Operating: 0.1795 mills, 35.87 percent below; • Countywide Debt Service: 0.285 mills; and • Fire Rescue District Debt Service: 0.0131 mills. Chairman Martinez questioned whether the County Commission could bifurcate the Mayor’s Reorganization Structure Plan from Agenda Items B, D, and F. County Attorney Cuevas advised the Commission could bifurcate the Mayor’s Reorganization Structure Plan. Chairman Martinez relinquished the chair to Vice-Chairwoman Edmonson. It was moved by Commissioner Martinez that Agenda Items B, D, and F be bifurcated to separate out the Mayor’s Reorganization Structure Plan. This motion was seconded by Commissioner Diaz, and upon being put to a vote, passed by a vote of 11-0 (Commissioner Souto and Barreiro were absent). Chairman Martinez resumed the chair. County Attorney Robert Cuevas read Rule 6.05 of the Rules and Procedures regarding decorum into the record. Chairman Martinez opened the public hearing on the foregoing proposed ordinance, and the following individuals appeared before the Commission: Ms. Katy Sorenson, Chair, Citizens Advisory Committee, 1320 S Dixie Highway, noted she enjoyed the services she used, and she valued the services she did not use. She noted she was happy to contribute to public investments for the commonwealth, and appreciated the public sector jobs created by her tax dollars, and more importantly, the salaries which enabled people to pay their mortgages and purchase other goods and services. Ms. Sorenson presented members of the Board with a check in the amount of $294.36, which she noted was the amount of the decrease in her taxes. She invited anyone else to do the same. Judge Steve Leifman, State of Florida 11th Circuit Court, requested the County Commission include $278,000 in the budget for the diversion program. Judge Maria Dennis, State of Florida 11th Circuit Court, requested the County Commission include funding for Court Care to prevent children from being exposed to trauma of court litigation. Ms. Gussie Flynn, Director of Development, YWCA, requested the County Commission allocate $180,000 to fund the Court Care program. Judge Diane Ward, State of Florida 11th Circuit Court, spoke in support of the County funding the Boot Camp program. On behalf of Judge Soto, Administrative Judge, Criminal Circuit Division, Judge Ward read a statement in support of the Boot Camp program. Judge Yvonne Colodny, State of Florida 11th Circuit Court, spoke in support of the County funding the Boot Camp program. Judge Alex Ferrer, State of Florida 11th Circuit Court, spoke in support of the County funding the Boot Camp program. Judge Leon M. Firtel, State of Florida 11th Circuit Court, spoke in support of the County funding the Boot Camp program. Mr. Gary Meece spoke in support of the County funding the Boot Camp program. Mr. Marcos Alcallana (phonetic), requested greater transparency in County government. Mr. Camille Merilus, 14815 NW 11 Avenue, requested the County provide support to the Camille and Sulette Merilus Foundation to provide vehicles, computers, and money to help those in the community who could not use a computer. Mr. Kennedy Todd, 16540 SW 77 Avenue, requested the County Commission not raise taxes. Ms. Beatrice Montanez, 721 82 Street #1, Miami Beach, spoke in support of the County Commission providing funds for arts programs. Ms. Dea Carter Webb, 404 NW 26 Street, requested the County restore funding to cultural affairs programs. Ms. Patricia Robbins, Founder and Chair, Farmshare, 7763 SW 178 Street, expressed appreciation to the County for continuing to support Farmshare with $600,000. Senator Daryl Jones, 8925 SW 148 Street Suite 100, Farmshare, spoke in support of the County supporting Farmshare. Ms. Jinny Reynolds Botwin, 9401 SW 78 Street, expressed appreciation to the County for supporting Farmshare. Ms. Madison Lopez, 9901 NW 80 Avenue, spoke in support of the County supporting Farmshare. Mr. Alan Rigerman, 17910 NW 84 Ave, requested members of the Commission ensure that the budget include funding to staff the Office of Americans with Disability Act Coordination. He suggested that the Miami-Dade Police Department issue more citations as a means to increase safe driving and departmental revenues, and that the costs for the anti-venom unit be paid by the persons receiving the service if those persons were voluntarily handling venomous species. Ms. Enid Pinkney, 4990 NW 31 Avenue, expressed appreciation to the County for providing funding to the Historic Hampton House. She requested the funding in the FY 2011-12 budget for the Historic Hampton House be increased to the same level as in previous budgets. Ms. Amarilys Milian, 4241 SW 99 Court, requested the County Commission provide funding for the 4H program. Ms. Esther Coolidge, 10220 SW 28 Street, requested the County continue to provide funding for the 4H Club. Mr. William Milian, 4241 SW 99 Court, requested the County continue to provide funding for the 4H Club. Mr. John Coolidge, 10220 SW 28 Street, requested the County continue to provide funding for the 4H Club. Mr. Theophilus Williams, 1391 NW 95 Street, American Federal State County and Municipality Employees (AFSCME), requested the County cut the pay from management employees as opposed to the rank and file employees. Ms. Ceecee Brown, AFSCME Local 199, requested the County Commission reject the Mayor’s proposed budget and develop a more balanced and fair budget. She recommended the County find savings in the budget by doing the following: reinvest the $50 million of savings from Florida Retirement System (FRS) legislation, reduce the budget reserves by $50-$85 million, and renegotiate outstanding contracts with external vendors. Mr. Robert Akrhs, 7901 Hispanola Avenue #1911, North Bay Village, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Ms. Aliya Stanford, 915 NW 199 Street, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. Ken Attard, 225 NW 21 Street, Homestead, questioned what the County was doing with the savings from the FRS legislation. He urged the County to stop being self insured. He presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. Enrique De la Aguilera, 840 NW 146 Street, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. Mario Ambrose, 17948 NW 40 Court, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. John Fiocchi, 6361 NW 37 Terrace, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Ms. Janet Jackson, 730 NW 50 Street, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. Johnny Johnekins, 2365 NW 89 Terrace, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. Carlos Perez, 17990 SW 135 Avenue, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. Efrain Montano, 11016 SW 123 Avenue, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. Stephan Kovacs, 11171 SW 57 Street, presented cards signed by citizens requesting the Mayor’s proposed budget be recalled. Mr. Leon Fuller, 41 NW 7 Street #308, requested that the County Commission reduce the impact of the budget on County employee salaries. Ms. Marliene Bastien, 710 NE 152 Street, requested the County support Community Based Organizations that provided support for core needs. She requested the County support Jackson Memorial Hospital at a level it would remain a public hospital. She requested the County employees not be required to make sacrifices to balance the budget. Mr. Frank Saavedra, 2805 SW 32 Avenue, Boys and Girls Clubs of Miami-Dade, expressed appreciation to the County for past support, and he requested the County continue to support the Boys and Girls Clubs of Miami-Dade. Ms. Elsie Hamler, President, Contractors Resource Center, 14651 SW Miami Court, requested that the County continue to provide support to the Contractors Resource Center. Ms. Linda Forrest, 9024 Abbott Avenue, Surfside, requested the County support the Contractors Resource Center. Mr. Nicholas Di Gjacomo, 11225 SW 108 Avenue, spoke in support of the County funding the fire boat program. Mr. Michael Parker, 9300 NW 42 Street, requested the County Commission provide funding for a full-time 24 hours a day, seven days a week fire boat program. Mr. Henry Choice, 1650 N Miami Avenue, volunteered his financial institution for assistance to help the situation in the County. Dr. Paul Ahr, President and CEO, Camillus House, 336 NW 5 Street, requested the County continue to provide Camillus House with the same level of funding. Ms. Esperanza Reynolds, 8465 Menteith Terrace, Miami Lakes, requested the County take actions that would promote employment for county residents. Mr. Alexander Ariano, 8465 Menteith Terrace, requested the County Commission review the permit license program and make the county an attractable place to do business. Mr. Karuna Bagchi, 9965 SW 102 Avenue Road, requested the County continue to provide funding for Master Gardeners. Mr. Larry Caudle, 18951 SW 244 Street, Agricultural Practices Board, requested the County Commission fully restore funding for the Miami-Dade County Extension and the County Agricultural Manager position. Ms. Radiah Johnson, 780 Fisherman Street, Opa Locka, presented 1,700 petitions in support of the Youth Co-Op. Employment Assistance Center. She requested the County Commission continue to provide funding to the Youth Co-Op. Mr. Adolfo Enriques, Chair, Cultural Affairs Council, requested the County Commission restore all funding to the Cultural Affairs arts programs. Ms. Sylvia Daughtry, Director, Youth Co-Op Employment Assistance Center, 780 Fisherman Street, Opa Locka, requested the County continue to support the Youth Co-Op at the same level as in the past. Ms. Susan Rubio Riviera, We Care of South Dade, requested the County Commission reconsider the funding level for We Care of South Dade. Ms. Kametra Driver, We Care of South Dade, 1515 Redland Road, Florida City, requested the County reclassify We Care of South Dade as an organization that provided direct services, and restore 100 percent of funding to We Care of South Dade. Ms. Angela Vasquez, 25 Tamiami Boulevard, Assistant Director, Southwest Social Services, expressed appreciation to the County for continuing to support the Southwest Social Services Progarm. Mr. George Baldwin, 10370 SW 149 Terrace, noted he would wait until after 2012 to request funds from the County. Mr. Alfredo Cancelo, 1650 Coral Way, requested the County Commission restore funding for lifeguard positions to the County budget. Mr. Daniel Gunder, 4834 NW 15 Court, requested the County Commission restore funding for lifeguard positions to the County budget. Mr. Buck Reilly, 5776 SW 74 Terrace, requested the County continue to support the agricultural cooperative extension. Mr. Vincent Brown, 6114 NW 7 Avenue, President, Martin Luther King Economic Development Corporation, expressed concern that none of the scheduled Government Obligation Bonds (GOB) projects were in the African-American community. He requested the County continue to earmark GOB funds for the Martin Luther King Economic Development Corporation, and to not reassign the GOB funds from fiscal years 2009-10, 2010-11 that had been earmarked for this corporation. Mr. Alberto Machado, 4015 Indian Creek Drive, Miami Beach, noted the County was missing out on the opportunity to generate $15-20 million annually by not providing better bus service for tourists on Miami Beach. Mr. Mariano Cruz, 1227 NW 26 Street, expressed concern that his children were being fined $300 by Animal Services and were threatened to have a lien placed on their properties if they did not pay. Mr. Andre Hall, 1435 NW 60 Street #1, noted he had worked with Head Start to identify the following cost savings: reduced training costs, $100,000; reduced supplies, $75,000; reduced medical and disability contracts, $400,000; reduced warehouse costs, $60,000; saved General Services Administration (GSA) costs, $300,000; saved security costs, $30,000. He noted a uniform cost per child rate for delegate agencies would generate $3.4 million in savings. Mr. Hall pointed out costs for administrative staff could be reduced by $500,000, for a total identified savings was $4.86 million. He explained that the parents of Head Start students were circulating a petition among Head Start staff members to agree to an eight percent reduction in pay for an additional $1.5 million in savings. Mr. Hall noted a second petition regarding furlough days was also being circulated. Ms. Debbie Brady, 17825 SW 232 Street, Member Services Director, Dade County Farm Bureau, requested the County Commission approve the Agricultural Manager position and funding for the County Cooperative Extension in the budget. Ms. Alice Robertson, 200 S Biscayne Boulevard, Executive Director, Miami Downtown Development Authority, requested the County Commission make downtown Miami a priority for Neighborhood Enhancement Action Teams. Mr. Kevin Mynatt, 8390 NW 25 Street, Florida Grand Opera, requested the County continue to provide the same level of funding for the Department of Cultural Affairs. Mr. Juan Toro, 8390 NW 25 Street, Board of Directors, Florida Grand Opera, requested the County continue to provide the same level of funding for the Department of Cultural Affairs. Mr. Michael Hart, 2452 NW 44 Street, Corrections Councilor 2, Corrections and Rehabilitation Department (CRD), requested the County Commission authorize the redeployment of 152 sworn officers in CRD. Mr. Marlon Kelly, 2525 NW 67 Street, requested the County Commission provide funding for the Corrections Councilor 2 positions in CRD. Mr. Jeff Struchtemeyer, Help Line Services Director, Switchboard of Miami, 190 NE 3 Street, requested the County Commission provide support to community resource and safety net agencies in the county. Mr. Robert Lozada, 801 S. Royal Poinciana Boulevard #203, Miami Springs, requested the County Commission not reduce the salary of County employees to balance the budget. Ms. Margaret Feldman, 9040 Sunset Drive, Sunrise Community, requested the County Commission allocate $241,000 to Sunrise Community for services to the elderly. Mr. Andy Arthur, Executive Director, South Florida Theatre League, 1650 NE 135 Street #607, requested the County Commission include full funding for cultural arts programs. Mr. Jacob Loker-Dukowitz, 1900 Biscayne Boulevard, spoke in opposition to budget cuts to services and organizations that provided jobs. Mr. Rafael Robayno, 3851 SW 132 Avenue, President, Cuban Museum, requested the County Commission allocate GOB funds to construct the new Cuban Museum. Mr. Greg Blackman, 2701 Ponce de Leon Boulevard, Coral Gables, spoke in opposition to privatizing Jackson Memorial Hospital. He spoke in support of the County continuing to fund the Corrections Counselor 2 positions, the Head Start program. Mr. Laverne Holliday, 6025 NW 6 Court, Assistant Director, Curley’s House of Style, Inc., requested the County Commission reconsider the Mayor’s recommendation to exclude funding for Culrley’s House in the recommended budget. Ms. Jewel Pacham, 6025 NW 6 Court, Curley’s House of Style, Inc., pointed out that Curley’s House provided over 200 jobs to county residents. Mr. Josh Fonte, 1109 SW 4 Avenue, urged the County Commission to restore the lifeguard positions that the Mayor recommended be cut. Mr. Denny Wood, 13000 SW 92 Avenue B-403, recommended the County Commission cut all American’s with Disabilities Act (ADA) coordinator positions and appoint one person to work in the Mayor’s office. He requested the Mayor be empowered to hire ADA consultants; and that members of the Board reduce the staffing level for the Human Relations Commission; the funding for the Mom and Pop program; the number of fire inspector positions; and eliminate all positions with salaries over $100,000 per year. Mr. Wood suggested members of the Commission instruct the Mayor to institute an incentive program for County administrators and restore the staffing level for the Building Code Compliance. He recommended the County privatize the 12 swimming pools at County parks if the Parks, Recreation and Open Spaces Department was unable to operate them 12 months a year. Mr. Wood requested the County Commission provide the same level of funding for ADA, and noted he supported the Farmshare program. Mr. Ulysses Harvard, 15800 NW 17 Place, requested the County Commission provide 100 percent of the requested funding for the Youth Co-Op Employment Assistance Center. Ms. Gabriela Seron, 6607 SW 63 Terrace, requested the County Commission restore the Ocean Rescue Lifeguard positions without taking funds from the Parks, Recreation and Open Spaces Department. Mr. Jose Fernandez, 19901 SW 180 Street, requested the County dismantle the Department of Environmental Resources Management and investigate whether the Department had been violating people’s constitutional rights. Mr. Christophe Ribot, 1755 SW 12 Street, spoke in opposition to the Mayor’s proposal to eliminate Ocean Rescue lifeguards. Mr. Rene Fernandez, 1017 Jefferson Avenue #307, Miami Beach, requested the County Commission identify mechanisms to raise revenue as opposed to only cutting. Mr. Reza Djahanshahl, 155 Bentley Drive, Miami Springs, noted he was the owner of a Community Small Business Enterprise (CSBE) construction company. He spoke in support of the County’s Small Business Enterprise (SBE) programs. He noted the County needed more than 25 employees to effectively operate the SBE programs. Mr. Richard Mason, 3650 NW 181 Street, Association of South Florida Free Beaches, spoke in opposition to the Mayor’s proposal to eliminate Ocean Rescue lifeguard positions. He recommended the County use $1.40 from the $6 beach parking fee or use resort taxes to fund the lifeguard positions. Ms. Helena Polero, 1623 SW 23 Street, Chair, Young Patrons of Miami Science Museum, requested the County Commission to continue to provide the same level of funding for the Department of Cultural Affairs. Mr. Andre Rodriguez, 1623 SW 23 Street, spoke in support of the County providing continued funding for cultural arts and science programs. Ms. Marie Francois, 15413 SW 288 Street, spoke in opposition to the Mayor’s proposed cuts to the Head Start program. Ms. Ismailia Rashid, 266 NW 26 Street, President, CSBE Association, Inc., spoke in opposition to the Department of Small Business Development being consolidated into part of another department. Ms. Alexis Delgado, 5600 Collins Avenue, Miami Science Museum, expressed appreciation for the support provided by the County. Ms. Dorothy Brown-Alfaro, 6600 NW 27 Avenue, requested the County Commission keep the Department of Small Business Development whole. She requested the County hold a town hall meeting to allow small businesses to share their concerns. Mr. Leroy Jones, 184 NW 62 Street, spoke in support of the Mom and Pop program. Mr. Dyrren Barber, 2310 NW 90 Street, requested the County Commission provide support for the Lincoln Memorial Cemetery beautification project. Ms. Stephanie McIntosh, 11341 SW 216 Street, spoke in support of the Head Start program. Ms. Ruthe White, 17928 NW 63 Court, requested the County Commission allow the Head Start administration to identify cost savings to keep the Head Start program in tact. She noted she supported an eight-percent salary reduction to Head Start employees. Chairman Martinez closed the public hearing after no one appeared wishing to speak. Mayor Gimenez noted he intended to reorganize County government to make it more efficient and customer friendly. He pointed out he had less than two weeks after taking office to prepared his proposed budget, which he noted reflected promises he had made to the residents to rollback the millage rate to the 2009-10 level. Mayor Gimenez pledged to preserve essential public services and to reduce the size of County government by eliminating over 1,000 positions. He clarified that the reduction in positions previously mentioned did not include the positions eliminated by the proposed reorganizations. The proposed budget would require employees to make a shared sacrifice for the greater good of these organizations and the people served, Mayor Gimenez noted. He said he would reduce salaries for employees under his purview by eight percent, and explained that he was working with the labor unions and was hopeful that new collective bargaining agreements (CBA) would be in place soon to avoid further layoffs. He pointed out he was willing to listen to ideas from the labor unions regarding cost savings measures, however, if the CBA remained unresolved, the process of laying off employees would begin shortly. Mayor Gimenez noted he identified funding to restore the Agricultural Manager position and the Cooperative Extension Service. He further noted that all libraries and the Women’s detention center would remain open; and that he was exploring ways to continue fire boat services.. Mayor Gimenez pointed out that the proposed reorganization plan would reduce the number of departments under his purview from 42 to 25; and noted he expected this plan to result in $5 million in savings by the end of Fiscal Year 2011-12. He recommended the County Commission not use these $5 million to balance the budget. Ms. Moon explained that the total value of changes listed in the Mayor’s changes memorandum was $4.8 million; and that this memorandum incorporated the millage rate adopted by the County Commission, the Mayor’s proposed reorganization plan, as well as technical changes and adjustments to the County Code. She pointed out that the changes memo recommended suspending that section of the Code related to extending the period of time that the size of the contingency reserve would be equivalent to seven percent of the total Countywide General Fund budget; and that page 1A of the five year outlook indicated the County should have $100 million in the contingency reserve by FY 2015-16. Ms. Moon noted the changes memorandum reflected an adjustment for Community Based Organizations (CBO) to indicate that eight agencies were inadvertently misclassified, and 13 agencies declined funding, went out of business or never executed a contract for FY 2011-12. The net effect of the CBO adjustments was $238,000 dollars, which Ms. Moon recommended be allocated for Community Redevelopment Agency and other studies/reserves to fund a disparity study. Ms. Moon noted the County refinanced the loan with the Adrianne Arscht Center for the Performing Arts to repay the sunshine loan issued to complete the Center, and the savings could be accrued to the Center to continue to help support operations. She recommended the new payment schedule in Attachment G be amended administratively. Ms. Moon explained that the payment from the Miami-Dade Aviation Department (MDAD) for Permitting, Environment and Regulatory Affairs Department would be reduced by the value of two positions. She noted the Women’s Detention Center would be funded by replacing sworn officers with non-sworn officers; and that the sworn officers freed up as a result of this process would reduce overtime costs and thus generate the savings necessary to operate the Center. Ms. Moon noted the County Administration had identified $487,000 in grant funding that enabled six of the ten correctional counselor positions to be reinstated. Ms. Moon pointed out that a scrivener’s error existed in the Department of Cultural Affairs budget and should be corrected to show the transfer of $1.304 million from Convention Development taxes to support the community based cultural facilities. Ms. Moon explained the millage shift between the Library and Fire Rescue taxing district resulted in a $3 million loss to Fire Rescue. She noted this budget gap would be closed by eliminating civilian and non-sworn administrative overtime, by eliminating the purchase of certain items, and by incorporating projected savings on variable rate debt payments. She noted that two positions would be eliminated in the Fire Rescue and Police Quality Assurance Unit in the Communications Division, and that the remaining two positions would be funded by 9-1-1 monies and free up additional Countywide General Fund monies. Ms. Moon noted the Community Information and Outreach Department had $213,000 in revenues for web and digital services provided to municipalities and other entities. She explained that this $213,000 would fund five part-time positions, noting $100,000 in grant funds from the United States Department of Commerce and Economic Development Division needed to be included in the budget. She clarified that this $100,000 would be used to create the pilot Economic Development portal. Ms. Moon pointed out that the County received a higher than anticipated amount for the Ryan White Program Grant Award. In addition, the funding for two additional grants under the American Recovery and Reinvestment Act (ARRA) needed to be incorporated into the budget, she noted. Ms. Moon noted State funding for Voluntary Pre-Kindergarten (VPK) was increased, but the State funding levels for school readiness, child screening and assessment, and inclusion services were reduced, resulting in the elimination of 32 full-time positions. She explained that while direct services would not be impacted, the amount available for administration would decrease, and noted the United States Department of Health and Human Services extended the additional 100 expansion Head Start and 128 expansion Early Head Start slots for an additional six months. Ms. Moon noted the Homeless Trust Board approved an additional $361,000 in capital expenses for emergency shelter homeless assistance centers that would be funded from reserves. She noted the Jackson Health Systems updated operating budget was approved by the Financial Recovery Board, and was attached to the Mayor’s changes memorandum. Ms. Moon noted the Port of Miami was able to realize savings in security and operating adjustments resulting from changes to the State of Florida’s security mandates. She recommended these savings be allocated to the maintenance reserve fund for the Port of Miami. Ms. Moon noted the revenues generated by the pain clinic ordinance needed to be incorporated to the budget and allocated to cover the resources needed to enforce this ordinance. Ms. Moon noted the entrance fee for Vizcaya Museum and Gardens needed to be adjusted to reflect the discontinuation of the $5 discount for county residents. She explained the MDAD landing fee rate would remain at $1.92. Ms. Moon explained the net total of these changes to the Countywide General Fund was $3.277 million, and she recommended that these funds be allocated to the wage separation and energy reserve to ensure the County had funds available for wage separation and delays in CBA deliberations. Ms. Moon noted the recommended fee adjustments were listed as attachments to Agenda Item F. Ms. Moon noted the Miami Marlins rent payment was not included in the capital outlay reserve. She pointed out that $604,000 of unallocated criminal justice fund interest was identified, which could be added to the capital outlay reserve to help support public safety related projects. She explained the capital outlay reserve needed to be amended to reflect the payment on capital asset fund for the Marlins Stadium. Ms. Moon clarified that the net result was $66,000 that could be added to the capital outlay reserve for repairs and renovations to address any emergency. Ms. Moon noted the County Administration would provide at the beginning of next week, the report requested at the September 1, 2011, County Commission meeting of the projects adjusted due to the change in the Countywide Debt Service Millage Rate adjustment to 0.285. She noted the pay plan was attached to the budget ordinances, and it reflected the changes implemented on July 1, 2011, to non-bargaining unit employees. She explained that the net position change would be 99, an increase the total number of recommended positions to 26,460 or 1,193 positions less than FY 2010-11. She noted approximately 500 of these positions were currently vacant. Ms. Moon noted a scrivener’s error existed on page 18 of the changes memo, and should be corrected by replacing that page with the Fire Rescue Table of Organizations. Chairman Martinez opened the floor to allow each Commissioner to suggest changes to the Mayor’s proposed budget. He recommended the commissioners meet with the Mayor to make those changes before the second budget hearing on September 22, 2011. Chairman Martinez clarified that he moved to bifurcate the Mayor’s Reorganization Structure Plan from agenda items B, D, and F because this Plan would not impact the revenues or expenditures in the proposed FY 2011-12 budget. Mayor Gimenez explained why he did not want the savings from his reorganization structure plan to be incorporated into the FY 2011-12 budget, noting he would schedule appointments with each Commissioner to discuss suggested changes to the proposed budget before September 22nd, and would work with them to incorporate those changes. Commissioner Jordan noted the proposed budget would impact County employees the most. She requested the Mayor give Head Start teachers and delegate agencies an opportunity to develop proposals to ensure operating expenses did not exceed the budgeted funding level the same as the Fire and Rescue and the Police Departments. She asked that the Mayor meet with her to discuss the proposed deficit in the Head Start Program, particularly considering the funding allocation for VPK was increased and employees’ salaries were reduced for the last two years. Commissioner Jordan asked the Mayor to determine the impact of the proposed merger of the Departments of Solid Waste and Public Works on the Greater Miami Service Corp’s (GMSC) contract. She stressed the importance of the County’s small business programs, and asked the Mayor determine the impact of the proposal to reduce funding for the Mom and Pop Program by 50 percent on small businesses; and to revamp the MCC Program and ensure it remains a funding priority. Commissioner Jordan also asked the Mayor to revisit the proposal to eliminate one photographer position from the Government Information Center; to clarify whether existing funding for Community Based Organizations (CBOs) would be extended or whether a new Request for Proposals (RFP) would be issued; to provide commissioners with the funding prerequisites for projects not included in the bond issue; to restore funding for the Boot Camp and the jail diversion programs; and to restore funding for the Ocean Rescue Lifeguards. She requested the Mayor consider funding alternatives proffered by the American Federal, State, County, and Municipal Employees union (AFSCME), including the savings generated by the State Legislature reducing the Florida Retirement System contribution. She requested Ms. Moon identify the funding amount for the Youth Co-Op. Mayor Gimenez noted the $111 million savings from lower FRS contributions had already been incorporated into the budget. Commissioner Monestime asked the Mayor give funding priority to programs that support economic development, infrastructure investment, and job creation. He asked the Mayor to restore the funding level for the Small Business Program to 100 percent; identify funding for economic development and to improve and/or provide safety in parks within District 2 and other blighted areas; and restore funding for Community Based Organization (CBOs) that service those areas. He noted the unemployment rate in some areas of the County was 30 percent, and asked the Mayor to consider placing parks contracted out back under the County. In addition, Commissioner Monestime asked the Mayor to restore funding for the Boot Camp Program to 100 percent. He asked that investments in public infrastructure projects proceed pursuant to the 2004 Public Referendum; and that CBO funding be used to fund any unfunded – or to restore CBO funding levels rather than to fund the Disparity Study. Commissioner Heyman noted the proposed changes to the budget were responsive and responsible. She explained that her priorities were to contain costs, increase efficiencies, and protect the most vulnerable county residents. She pointed out that the Mayor stated that the funding level for public safety would be maintained, however, it did not appear to be maintained in the proposed budget. Commissioner Heyman asked the Mayor to restore funding for the Boot Camp Program to 100 percent, possibly with the $110 million identified in carryover funds. She noted the unintended consequences of eliminating the Boot Camp Program would cost the County more than the cost to continue this program. She also asked the Mayor to consider allocating $150,000-$180,000 to properly operate three court care facilities for over 3,000 children; restore the funding level for the Felony Jail Diversion Program for mental health to 100 percent; restore the funding for the Ocean Rescue Program to 100 percent; and restore the funding for one of two Fire Boats by identifying ways to operate it more efficiently. Commissioner Heyman noted she was investigating possible funding sources for the fire boats. She asked the Mayor to identify a less expensive provider for capital improvements and other services to County Departments other than GSA, with its high end costs; and take appropriate measures to make the Corrections and Rehabilitation Department more efficient. She asked the Mayor to reevaluate the recommendation to cut employees in enforcement and revenue generating positions. She requested the Mayor reevaluate Community Based Organizations (CBOs) based on the success ratio, mission and goals; and work with groups like the Women’s Fund, the United Way, the Federation, and the Foundation to determine how much money was allocated for services versus administrative expenses and disparity studies, and to identify revenue generating CBOs versus those that received grants Mayor Gimenez noted the $110 million of carryover funds were already incorporated into the proposed budget. Commssioner Barriero noted the adjustments to the GOB plan should not be done on the dais. He asked the Mayor to restore funding for the Mom and Pop program, the Ocean Rescue, the Boot Camp Program, and the Community Periodicals Program. Commissioner Barriero stressed the importance of ocean rescue to the county. He recommended that the County get in front of the problems in the Animal Services Department rather than behind them and provide optimal spaying and neutering without competing with the private sector. He asked the Mayor to consider eliminating, rather than consolidating some County Departments, particularly the Department of Environmental Resources Management (DERM). Commissioner Barreiro explained that the permitting work performed by DERM could be referred back to other agencies. He asked the Mayor to include GOB funding for the Cuban Museum as a budget priority, and implement a strict hiring freeze and reduce the number of employees, as opposed to reducing salaries Chairman Martinez asked Mayor Gimenez to prepare a memorandum detailing all requests made by each Commissioner for additional services or funding to include the cost and the financial impact Commissioner Sosa noted members of the Commission had to make decisions that would impact everyone, with the least amount of impact. She noted she supported the proposal to reduce salaries, as opposed to lay-offs. She asked the Mayor to allocate any savings realized from changes to the Head Start program in a manner that would increase the number of children served; and to clarify whether the allocation to the Sisters and Brothers CBO included funding for both programs provided by that CBO. Commissioner Sosa requested the Mayor provide alternatives to the significant reduction proposed in funding for the League Against Cancer. She expressed concern that the Mayor’s Reorganization Structure Plan would create fragmentation of the Public Works Department and impact how well those services were delivered..She asked the Mayor to review the positions created in the proposed budget and to ensure they were not unnecessary administrative positions. She also asked the Mayor to take the additional $70,000 allocated to the Office of International Trade of Commerce and return it to the Port of Miami; restore the funding level for the Mom and Pops program; provide support for the International Cattle Show; and restore funding to Boot Camp by using the funding from the Corrections and Rehabilitation Department. Commissioner Sosa expressed concern that the County spent significantly more money per day to house corrections inmates and Boot Camp participants than Miami-Dade County Public Schools spent to educate children. Commissioner Suarez requested a copy of the Mayor’s response to Commissioner Jordan’s concerns regarding Head Start. He noted that he shared Commissioner Souto’s concerns regarding proposed fee adjustments and the possibility of hidden user fees and penalties in legislation approved by the Board. He expressed concern that the General Obligation Bond projects were intentionally delayed in certain County Commission Districts, unduly and unfairly, to reduce the debt service millage rate and may prevent some projects from being built. Commissioner Suarez noted he shared Commissioner Heyman’s concerns regarding the costs to operate the General Services Administration (GSA) and the costs charged for services provided to County departments. He recommended the Mayor consider no salary reductions for employees making $50,000 or less by eliminating 300 positions with salaries over $100,000. He recommended the Mayor eliminate car allowances and executive benefits, noting County Manager George Burgess’ Memorandum dated January 19, 2001, totaling $3.5 million in annual Executive Benefits and $1.244 million in Car Allowances; and that the savings be used to restore the proposed reduction in CBO funding from $20.359 million to $18.15 million; and to restore the proposed $2.2 million reductions for Human Services programs including: home care, care planning, adult day care, meals for elderly, meals on wheels, senior centers and foster grandparents services. He recommended the Mayor consider eliminating take home vehicles for employees who did not reside in Miami-Dade County; that the Mayor reform and streamline upper management rather than proposing to eliminate 97 percent of positions with base salaries below $100,000, The commissioner pointed out that only one of the 102 positions recommended for elimination in the Fire Rescue Department was upper management, and expressed concern that almost 27 percent of positions recommended for elimination were from the Police Department, noting he shared Chairman Martinez’ concern that projected fiscal impact of the Mayor’s proposed Reorganization Plan was not reflected in the FY 2011-12 budget. Mayor Gimenez noted the Head Start proposal would not affect the children served by the program. He clarified that the costs for the County to provide services were significantly more than for delegate agencies to provide the same services. The Mayor explained that he would provide, in response to Commissioner Souto’s concern, a detailed list of any proposed increases or decreases in user fees and penalties. He clarified that he had eliminated car allowances for all top executive employees; however, not all of those savings were reflected in the General Fund because some executive employees worked in proprietary departments. Commissioner Bell noted she appreciated the Mayor’s five year plan with $100 million in reserves by 2015, but suggested the Mayor eliminate overtime and other inefficiencies. She noted she supported the restoration of funding for Agricultural Services as well as the the Agricultural Manager position; and the restoration of funding for Libraries and the South Dade Government Center. Commissioner Bell suggested the CBO process needed to remain competitive in order to ensure success of small businesses. She suggested the County limit its focus to providing basic and essential services. Concerning Commissioner Moss’ question whether the Mayor had any knowledge of any information members of the Commission were unaware of or needed to know, Mayor Gimenez reassured Commissioner Moss that he would be as transparent as possible; provide a detailed list of any proposed increases or decreases in user fees and penalties; and respond to commissioners’ requests for information timely Commissioner Moss asked the Mayor to provide an update on the tax consequences for the existing five-percent employee health benefit contributions, noting he believed the five-percent pre tax contribution was a better alternative for employees. Mayor Gimenez noted he requested an opinion from Deloitte Touche regarding the legality of both the first and second five-percent employee contributions toward health care, noting some employees preferred a 10 percent contribution towards their health care coverage rather than an 8 percent salary reduction. He noted he anticipated a problem with the Health Care Bill in January 2014, which may affect the legality or the tax exemption portion of the five-percent contribution. Commissioner Moss questioned whether the Mayor had any knowledge that the carry-over could be larger than projected and if so, whether resources could be reallocated for other activities. Mayor Gimenez explained that the carry-over could exceed projections and if so, members of the Administration would report such an occurrence to the Commission in a timely manner. Commissioner Moss questioned whether the Mayor would present proposals for Capital Improvements Projects to the Commission. Mayor Gimenez pointed out that Deputy Mayor Edward Marquez would work with the GOB investors to develop a plan to utilize and sell more commercial paper; to create more programs; and to determine the effect on future millage rates and the timing of the paper being taken to market. Commissioner Moss asked the Mayor to work with the Head Start teachers and delegate agencies to sustain the Head Start Program within the County by aligning program expenditures with the operating budget before presenting a proposal to privatize the program. Mayor Gimenez noted that negotiations between Head Start labor union representatives and the County Administration were needed to identify efficiencies without reducing services. He explained that the County would not need to outsource Head Start to delegate agencies if efficiencies were identified to reduce the cost for the County to equal the cost to the delegate agencies. Mayor Gimenez noted he did not want to impact the children with a mid-year transfer. Commissioner Moss expressed concern that the Community Image Advisory Board staffing was not addressed in the recommended transfer to the Parks Department. He recommended the funding level be restored for the Mom and Pop Program, the Ocean Rescue Program, the CBOs, Small Business Development, and for one photographer position in the Government Information Center. Commissioner Moss noted the Commission needed to address the issue of Commission carryover funds. He also noted that County Commission had been accused of interfering in Jackson Memorial Hospital too much; however, the lack of any Commission input/concerns voiced regarding Jackson was evidence that that was untrue. Commissioner Moss suggested the Mayor explain his rationale for the proposed reorganization of County departments, and expressed concern whether the proposal to combine Economic Development with the Miami-Dade Housing Agency would be acceptable to the United States Department of Housing and Urban Development, particularly considering its previous takeover by the local Housing Agency. In addition, Commissioner Moss asked that the Mayor consider transferring the Commission on Human Rights from the County Administration to the County Commission, noting he was hopeful the County could reach a consensus with the unions, resolve the budget issues, and move forward at the Second Budget Hearing in the same manner as the Miami-Dade County School Board. Commissioner Souto asked the Mayor to address his concern regarding proposed fee adjustments and/or excessive fees; and asked the Mayor to take appropriate steps to trim excess from the budget and eliminate abuse (i.e., take-home vehicles by police officers, employees not working all their work hours, etc.). He asked the Mayor to evaluate the periodicals program and identify ways to improve it; to ensure that the lowest paid employees, particularly minorities, were not underpaid unfairly; to find ways to bridge disparities in salaries (i.e., very high end salaries for some employees and very low end salaries for others); and to protect the low-income residents of the County. He asked the Mayor to ensure the County continued to provide basic services such as police, fire, health, water, public works, transportation, parks and recreation, and cultural arts. Commissioner Souto also asked the Mayor to ensure that staffing levels for the Government Information Center and Miami-Dade Television were maintained; and to ensure that funding levels were restored for the Equestrian Center, the International Cattle Show, and the Community Periodicals Program and to print periodicals in multiple languages. He asked the Mayor to identify creative strategies to generate jobs and revenue to sustain County operations. Commissioner Souto asked the Mayor to enter into dialogue with railroad companies from Spain, interested in conducting studies for the County at no cost, as well as other foreign investors interested in doing business in this County. Mayor Gimenez concurred that some abuses existed and he was working to eliminate them. He also concurred that the County needed to look outside its boarders to improve the economy, and noted he had been contacted by several investors interested in investing in the County. Commissioner Diaz noted he was happy that the Commission approved to roll back the millage rate to the FY 2009-10 levels. He explained that he was optimistic regarding the potential outcome of the Mayor’s Reorganization Plan, and asked the Mayor to restore funding levels for public safety to the extent possible, particularly for the Department of Corrections’ Boot Camp Program, which reduced recidivism. Commissioner Diaz asked the Mayor to look at ways to increase participation in the Boot Camp Program with fewer resources; identify funding to sustain the Miami-Dade Fire Rescue Fire Boats, possibly through Tax Incremental Funding (TIF), the Port of Miami or a combination of the two; restore the funding level for Ocean Rescue Division to 100 percent; and restore funding for the Children and Families Court Care Program. He asked the Mayor not to balance the budget using employee concessions. Commissioner Bovo asked Mayor Gimenez to take steps, beyond those contained in his proposed Reorganization Plan, to increase the projected $5 million in savings. He noted the job market was very difficult, and suggested that salaries be reduced in lieu of layoffs. Commissioner Bovo asked the Mayor to find ways to reduce the unemployment rate and other needs particularly in District 13. He expressed concern that many large job fairs were held throughout the County, and an enormous number of people attended these events, filled out applications, but were not hired as a result. He recommended that the Mayor consider revising the policy that allows employees to bank unused sick and annual leave and/or to roll it over from year-to-year; and define the policy in terms of the dollar amounts. Continuing, Commissioner Bovo recommended the County stop governing municipalities and allow the residents to incorporate, annex, and govern themselves. He expressed concern that non-profit groups, CBOs, and charitable organizations were too dependent on the government; and recommended that the Chairman of the County Commission and members of the Administration take six to eight months to examine the impact of all aspects of County spending after the (FY) 2011-12 Budget was adopted. Commissioner Bovo asked the Mayor to initiate steps to eliminate barriers (i.e., excessive permitting requirements, ordinances, and fees) to economic development and business investment in this County (i.e., excessive permitting process requirements, ordinances issues, fees, etc.). He expressed concern that carry-over monies which were taxpayers’ monies were placed in reserves for years, and that the taxpayers viewed these funds as discretionary despite his attempts to explain what the County did with the money. Commissioner Bovo asked that the County Administration look at these issues and explore all opportunities to reform and consider lifting some regulations and holding the County’s partners accountable for delivering services. Mayor Gimenez noted he supported Commissioner Bovo’s comments to look at all issues in County government, including ordinances and regulations. He stressed that creating jobs should be the County’s top priority. Chairman Martinez noted he had reached out to the attorneys at Florida International University to work together on researching the County Code to identify the pros and the cons of each provision. Mayor Gimenez explained that he would meet with individuals impacted by County regulations for their input on the regulations that were cumbersome. He pointed out he would also analyze the procurement process. Commissioner Edmonson noted the proposal to layoff hundreds of employees and to eliminate funding for the Mom and Pop Program contradicted the stated priority to create jobs. She explained the County needed to create an environment for small businesses to succeed. She asked the Mayor to restore the funding level for the Mom and Pop Program to 100 percent; to identify a funding source other than savings from proposed reductions in Community Based Organization (CBOs) to fund the Disparity Study; and to use the $238,000 savings from reductions in CBOs to restore those CBOs unfunded or recommended for funding reduction in the budget. She asked the Mayor to avoid layoffs and to restore funding to sustain Fire Boat I and the Boot Camp Program; and to identify funding for the Greater Miami Service Corps. She asked that the Mayor ensure that the Office of Human Rights and Fair Employment Practices continues to operate independently, and that funding be restored for the MCC Program and the Ocean Life Guard Program. In response to Comissioner Edmonson’s request for clarification regarding the two contingency reserves, Ms. Moon explained the emergency contingency reserve was established to address issues with credit ratings and guidelines for accessing those funds were established. She further explained the annual appropriated contingency reserve was for emergencies throughout the year and including separate guidelines for accessing it. Commissioner Edmonson suggested the County Commission consider amending the County Code to change the guidelines for accessing the two contingency reserve funds. Responding to Commissioner Edmonson’s inquiry regarding the wage separation and energy reserve fund, Ms. Moon explained this reserve fund addressed extraordinary separation costs for departments funded by the General Fund. She noted this reserve fund would also be used in FY 2011-12 to deal with separations resulting from the ultimate outcome of the collective bargaining agreements, as well as to deal with gas and energy prices increasing higher than anticipated. Commissioner Edmonson questioned Ms. Moon regarding the Tax Equalization Reserve. Chairman Martinez questioned why the Ocean Rescue Lifeguard positions were not considered part of public safety. He requested the Mayor reevaluate the proposed recommendation to reduce funding for the Ocean Rescue Program. Ms. Moon clarified the intent of the proposal for the Ocean Rescue Program was to convert full-time positions to part-time positions as necessary to adjust staffing levels to ensure that stations were manned when beach attendance was at its peak; and to ensure staffing levels were adjusted on a daily basis according to the attendance levels at the beach locations, as monitored by Ocean Rescue Supervisors. Chairman Martinez expressed concern that people would be at the beach at times when lifeguard stations would be unattended. Mayor Gimenez noted he would reevaluate the proposal to reduce funding for the Ocean Rescue Program, with emphasis on avoiding redundancy in service hours. Chairman Martinez requested the Mayor restore funding for Fire Boat I and identify other funding sources and/or efficiencies. He asked that the funding for the Boot Camp Program be restored. Mayor Gimenez noted he would reevaluate the proposal to eliminate Fire Boat I and try to identify a source to restore the funding level to sustain that service more efficiently. He said he would reevaluate the proposal to eliminate the Boot Camp Program, but noted this was a discretionary program and the cost was $5 million. Chairman Martinez clarified that the Mayor had identified additional funding in his memorandum of changes, and he chose to fund the Women’s Detention Center as opposed to the Boot Camp Program. Mayor Gimenez noted he would request the Corrections & Rehabilitation Director to look for $5 million in his budget for the Boot Camp Program. Chairman Martinez asked the Mayor to reevaluate the proposed recommendation to reduce employee compensation and provide some type of relief for employees making a base salary of $50,000 or below. He noted he previously requested that County Manager/Deputy Mayor Alina Hudak prepare the budget in two formats: One as proposed during old Administration or during her tenure as County Manager and one as proposed by the new Mayor. Chairman Martinez asked the Mayor to provide him with a rationale for the proposed merger of the Department of Solid Waste with the Department of Public Works; and asked that the implementation of the proposed merger not be rushed. He pointed out that the streamlining from this merger would be minimal. Mayor Gimenez explained that the proposal to merge the Solid Waste Department with the Public Works Department was intended to identify efficiencies, streamline operations, and address sustainability issues. He clarified that his proposed restructuring of County government was not rushed. Commissioner Moss questioned whether the Mayor’s Reorganization Plan must be adopted at this meeting. County Attorney Cuevas advised the Commission was not required to adopt the Mayor’s Plan, however, the budget ordinances would have to be amended to remove a number of sections. Commissioner Moss noted the Mayor’s Plan had no budgetary impact. County Attorney Cuevas advised that the amendments would not be to the revenues and expenditures; they would be to the names of the departments. In response to Commissioner Moss’ question whether the Commission could wait until the second budget hearing to vote on the Mayor’s Plan, County Attorney Cuevas advised the Commission could wait. Ms. Moon noted the proposed Countywide Operating millage rate was 4.8050 mills, which was 10.35 percent below the State defined rollback rate. Hearing no other questions or comments, the Commission proceeded to vote. The public hearing was scheduled for Thursday, September 22, 2011, at 5:01 p.m. before the County Commission.

Legislative Text

TITLE
ORDINANCE APPROVING, ADOPTING AND RATIFYING THE COUNTYWIDE GENERAL FUND MILLAGE FOR THE FISCAL YEAR COMMENCING OCTOBER 1, 2011 AND ENDING SEPTEMBER 30, 2012; LEVYING ALL TAXES SO PROVIDED; PROVIDING SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE

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BE IT ORDAINED, BY THE BOARD OF COUNTY COMMISSIONERS OF MIAMI-DADE COUNTY, FLORIDA:
Section 1. In compliance with the provisions of the Home Rule Charter and Chapter 200, Florida Statutes, as amended, the millage fixed and determined by the Board of County Commissioners as necessary to be levied in order to raise the amounts required by the Countywide General Fund budget are hereby ratified, confirmed and approved in every particular, and the total millage for all County operating purposes is fixed at 4.8050 mills on the dollar of taxable value of all property in Miami-Dade County, Florida, for the 2011-12 fiscal year. This millage is 10.35 percent below the state-defined rolled-back rate computed pursuant to Section 200.065(1), Florida Statutes.
Section 2. All taxes hereinabove described are hereby levied.
Section 3. If any section, subsection, sentence, clause or provision of this ordinance is held invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 4. The provisions of this ordinance shall become effective ten (10) days after the date of enactment unless vetoed by the Mayor, and if vetoed, shall become effective only upon override by this Board.
Section 5. This ordinance does not contain a sunset provision.