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HomeMy WebLinkAboutR-90-0910J-90-910(c) 11/8/90 RESOLUTION NO. 90- 1910 A RESOLUTION, WITH ATTACHMENT(S), MODIFYING THE DECISION OF THE HERITAGE CONSERVATION BOARD WHICH HAD MODIFIED THE DECISION OF THE ZONING ADMINISTRATOR CONCERNING THE LOSS OF 13 TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, LOCATED AT 2500 NORTHWEST 22ND AVENUE, MIAMI, FLORIDA. WHEREAS, on or about August 1, 1990, t Zoning Administrator made a decision (Exhibit 'B') conc ng t loss of 13 oak trees at the Dade County Human ourc Cen located at 2500 Northwest 22nd Avenue, Mia orid by approving the landscape plan as submit et 1* Dade County; and WHEREAS, Veronica Nagymihaly /b agymi y Properties, (hereinafter "Nagymihaly"), pursuant Sec -15 of the Code of the City of Miami, Flori appealed the decision of the Zoning Administra to Heritage Conservation Board; and WHEREAS, th Heritage ervation Board at its duly convened meeting f Septe r 18, 1990, adopted Resolution No. HCB-90 xh' 'A' y a unanimous vote (9-0), modifying the deci n of on ng Administrator; and ER Nag aly has taken an appeal to the City issi se eview of Resolution No. HCB-90-29; and EAS, the City Commission after careful consideration of thl atte inds that peculiar circumstances exist upon which to modify e decision of the Heritage Conservation Board, as qftafter setforth; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMIr FLORIDA: ______�' ATTACHMENTS CONTAINED RESCMED BY CITY COMMISSION MEETING OF. - '40V 8 = R114=0 0- Rescinded by R-91-76 Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. The decision of the Heritage Conservation Board which modified the decision of the Zoning Administrator concerning the loss of 13 trees at the Dade County Human Resources Center, located at 2500 Northwest 22nd Avenu is Florida, is hereby modified in the following manner: a. In lieu of the concrete masonry 1 a the property line, there will be a six foot high rati al fence. I& b. The masonry decorative wao, blePtIF40trd only 44 to c% .v k he echa on the eastern half of the south fa to cov nical area. C. Five oak trees, twent ve height, will be i C nterspersed with the existi trees. t 0 on Section 3. This s IN shall become effective immediately upon it ti P ' PASSED AND PTED DNthiis�— day of 1990. ATT T XAVIER L. UAREZ, MAYOR Clerk PROVED BY: t City'Attorney APPROVED AS TO FORM AND CORRECTNESS: LIX 41 R.—El. NAND City Attar y LKK/pb/bss/M1827 a n1=3 t1l IM Rescinded by R-91-76 0 e Rim w,■ lam" RESOLUTION MCB-90-29 A RESOLUTION MODIFYING THE DECISION OF THE ZONING ADMINISTRATOR AS SET FORTH IN A LETTER DATED AUGUST 1, 19901 CONCERNING MITIGATION FOR THE LOSS OF 13 OAK TREES AT THE DADE COUNTY HUMAN RESOURCES CENTER, 2500 N.N. 22ND AVENUE, BY APPROVING THE LANDSCAPE PLAN, AS MODIFIED BY THE FOLLOWING ADDITIONAL CONDITIONS: 1. THE 15 NEW OAK TREES, 16'-18' IN HEIGHT, TO BE PROVIDED UN IHE SOUTH PROPERTY LINE BY WAY OF MITIGATION SHALL 8L PLANTED IN A 5' WIDE PLANTING AREA AND SHALL BE 4 112" IN CALIPER; 2. AS FURTHER MITIGATION, METRO-DADE SHALL PLANT THREE 20' OAK TREES ON THE APPELLANT'S PROPERTY TO THE SOUTH, SUBJECT TO THE OWNER'S CONSENT, WITH NO OBLIGATION ON THE PART OF METRO-DADE FOR MAINTENANCE; AND 3. AN EXTENSION OF THE EXISTING DECORATIVE WALL, AT THE SAME HEIGHT AS THE EXISTING, SHALL BE CONSTRUCTED IN FRONT OF THE SOUTH FACADE OF THE BUILDING TO SCREEN MECHANICAL EQUIPMENT. PASSED AND ADOPTED THIS 18TH DAY OF SEPTEMBER, 1990. / L ".� wCHAIRMAN EXHIBIT "A" 90-- 910 %W .. L (41Ltu ):xf 4R*tanTT h� cot August Is 1990 Mr. Na rinder S. Jolly, Director Department of Development and Facilities Management Facilities Development Division 111 N.W. 13t Street Miami, FL 33128-1988 Re. Dade County Human Resources Health Center at 2500 N.W. 22 Avenue, Permit No. 89-185 Dear Mr. Jolly: r have reviewed your letter and landscape plan (dater! July 24, 1990) you delivered to my office on July 24, 1990 and find it acceptable with the following conditions: 1. Transplant eight (8) existing Gumbo Limbo trees along south property line to locations shown on the plan. 2. Plant rifteen (15) new oak trees along the mouth property line, fifteen (is) feet on center. The trees shall be at least 181 high. If they cannot fir obtained by a landscape contractor within the Dade/Broward/Monroe county area, then we will accept a minimum of 16, high oaks. This will be accepted to replace the oak trees that were Lc) be transplanted according to the plans approved by the City of Miami but did not survive. In order to approve a Temporary Certificate of Occupancy prior to the necessary planting and transplanting, a bond must be posted to cover the roll cost of ootaining, planting and transplanting the trees. Please he advised that aecordtng to the City of Miami Code Chapter 17, Environmental Preservation, ,Sec,. vr-15: Any citizen may appeal any decision made by this department in enforcement or the term or provision of the Chapter to the Heritage Convers»tion Board Dy filing within ten (10) days after date of this initial decision, a written notice of appeal to the City Manoam"g"Tr with a OURnING ANO 9r9NING 01PARTMtNT Mrs%? 0Oi3 IT "B" • Cal Narinder S. J011y August 1, 1990 Page 2 copy to the City Clerk and the Heritage conversation Officer, Which shall set forth precisely the decision appealed from and the reasons and grounds for the appeal. Each appeal shall be accompanied by the applicable fee. If you have any questions, please contact me as soon as possible. Very truly yours, i A. GENUARDI, P.E. Sr Zoning Administrator JAGi1g cc: Sergio Rodriguez, Director Warren Bittner, Ass't. City Attorney Joe McManus, Ass't. Deputy Director Santiago Jorge -Ventura, Aas't. Director v.►Anthony J. O'Donnell Akerman, Senterfitt & Eidson One Rrickell Square - 24th floor 601 Briekell Avenue Miami, FL 33131-2948 90 - 910 ILI 11 PZ=7 ,.,AKERMAN. SENTERFITT a EIDSON _ . ATTORNEYS AT LAW i1 n ONC •wtCKCLL SOUAwc 90 SFp �� �(' r( •� �+ C� 1,2' I •or •wreKCLL Avcnuc M IAM1. FLO KIOA 1]1]1•11946 S Zf •• • �' _ z ♦CLCCOPY (]05) 374-SCOS September 28, 1990 I� Hand -Delivery Mr. Cesar H. Odio City Manager 3500 Pan American Drive Miami, Florida 33133 Re: Notice of Appeal to City Commission Pursuant to Section 17-15(b), City of Miami Code - (Resolution HCB-90-291 Dear Mr. Odic: This notice of appeal is filed on behalf of Veronica Nagymihaly, d/b/a Nagymihaly Properties ("Appellant"), the owner of the real property located at 2201 N.W. 23rd Street, Miami, Florida, pursuant to Section 17-15(b), City of Miami Code. This appeal seeks modification of Resolution HCB-90-29, adopted by the Heritage Conservation Board on September 18, 1990, as follows: 1. Paragraph 1 of the Resolution should be modified to require the 15 new oak trees on the south property line to be a minimum of 25 feet in height ( instead of 18 feet) with a minimum 6-inch caliper (instead of 4-1/2 inch) planted in an 8 foot wide planting area (instead of 5 feet), pursuant to the filed site plan entitled "Nagymihaly Property," prepared by Sasaki and Associates, dated September 17, 1990, including 2 sheets. (the "Site Plan"). 2. In addition to the conditions set forth in the Resolution, Dade County should be required to plant new oak trees in modified parking lot center planting islands which are a minimum of 18 feet in height with a 4 inch caliper and additional new oak trees a minimum of 25 feet in height in front of the proposed extended decorative wall along the south facade of the building to screen mechanical equipment higher than the decorative wall pursuant to the filed Site Plan. 90- 910 L] El 3. Finally, Dade County should be required to install an architectural fence along the south property line similar to the ones used at Jackson Memorial Hospital and at the HUD apartment project on U.S. 1 in Coconut Grove, as well as a four -feet high wall along the parking lot pavement to screen out car lights during the night- time operations of the County's facility. These items are also shown on the filed Site Plan. The above restoration conditions are supported by the filed documentation before the Heritage Conservation Hoard as well as our previously filed notice of appeal dated August 9, 1990, a copy of which is attached hereto and incorporated by reference herein. We would request a hearing be held on this appeal so that additional documentation, expert opinions and sworn testimony can be presented to the City Commission. Res ectfully submitted, 14 4 n�eS-V�l AJO/rr Anthony J. O'Donnell, Jr. Enclosure cc: Joseph W. McManus, Heritage Conservation Office{ Matty Hirai, City Clerk 90- 910 * a+ AKERMAN. SENTERFIiT 8 EIDSON ArmRNEY3 AT L-AW ONC •RICKCLL SQUARC Sol" FLOOR s01 SIRICIIeL .toque 041ANI.FLORIa J4131-80'60 (2061 374.9400 TCLCCOP► (30e1 376.4090 August 9, 1990 Mr. Cesar Odic City Manager 3500 Pan American Drive Miami, Florida 33133 Re: Notice of Appeal to Heritage Conservation Board Pursuant to Section 17-15. City of Miami Code Dear Mr. Odic: This notice of appeal is filed on behalf of Veronica Nagymihaly d/b/a Nagymihaly Properties ("Appellant"), the owner of the real property located at 2201 N.W. 23rd Street, Miami, Florida, pursuant to Section 17-15, City of Miami Code. ` The Appellant seeks review by the City of Miami Heritage Conservation Board of a decision by the City's Building and Zoning Department set forth in a letter from Joseph A. Genuardi, Zoning Administrator, dated August 1, 1990, a copy of which is attached hereto as Exhibit "A." The reasons and grounds for the appeal are as follows: (1) The original tree removal and relocation plan approved by the City for Metropolitan Dade county's Human Resources Center required the preservation and replanting of thirteen (13) large live oak trees originally located in a 65-feet wide open space buffer which separated Appellant's property from the Center. (f_e copies of landscape plan attached hereto as Exhibit "B.") (2) The thirteen (13) large oak trees which were to be replanted ranged in size from 20 feet to 36 feet in height (after being "heavily pruned") with calipers ranging from 12 inches to 48 inches. (Am Exhibit "Be" Tree Relocation List). (3) The originally approved plan showed that of the thirteen large oak trees to be relocated, ten trees, 20 to 36 feet in height were to be planted along the south property line for the purpose of buffering the Appellant's property from the expansion of Dade County's facility. However, the plan showed that the proposed landscaped area where these large trees were purportedly to be planted was only three tegt wjdS which made any such relocation physically impossible. When the relocation was attempted in this 3-feet wide area and later in the 5-feet wide interior landscape 90- 910 islands, all the large oak trees quickly died. Dada County should be held fully accountable for what can only be described as an intentional destruction of the trees. The Appellant advised Dade County in writing as early as February 22, 1989, that it was unlawfully destroying the trees - yet no corrective action was taken to avoid the losses. (4) The new plan now approved by the Building and Zoning Department fails to compensate for the County's destruction of the 13 large oak trees, fails to provide a proper planting area for the proposed fifteen new oak trees and fails to provide a reasonable buffer for the Appellant's residential property which faces directly into the parking lot of Dade County's facility. Accordingly, the Appellant requests the Heritage Conservation Board to impose the following requirements on Dade county's facility: A. Require that the fifteen (15) oak trees be a minimum of 20 feet in height with at least five trees being 30 to 35 feet in height. This would mean that most of the new trees would only meet the smallest tree size of those removed and destroyed by Dade County. B. Eliminate the condition that the new trees must be available in Dade, Broward or Monroe Counties. The major source of such larger oak trees is outside these three counties. C. Require that the 3-feet wide landscape area along the south property line be increased to eight (8) feet. This would provide an adequate planting space for the new oak trees as well as provide a more reasonable buffer for the Appellant's property. To ­.accomplish this increase, the 5-feet wide interior landscape islands running east/west in the parking lot would be eliminated and the existing parking spaces along the south border would be moved back five feet (See Exhibit "C"). This would leave two 5- feet wide islands at the center of the lot with space for at least four (4) additional oak trees twenty to thirty-five feet in height so that a total of nineteen or twenty such trees should be required for the site. We would also request a hearing be held on this appeal so that additional documentation, expert opinions and sworn testimony can be presented for the Board's consideration. AJO/rr Enclosure Respectfully submitted, Anthony J. O'Donnell, Jr. 90--- 910 cc: Mr. Joe McManus, heritage Conservation Officer, Planning Department Sarah Eaton, Planning Department City Clerk, City of Miami 90- 910 August 1, 1990 Mr. Narinder S. Jolly, Director Department of Development and Facilities Management Facilities Development Division 111 N.W. 1st Street Miami, FL 33128-1988 Re: Dade County Human Resources Health Center at 2500 N.W. 22 Avenue, Permit No. 89-185 Dear Mr. Jolly: ? have reviewed your letter and landscape plan !dated July 24, 1990) you delivered to my office on July 24, 1990 and find it acceptable with the following conditions: 1. Transplant eight (8) existing Gumbo Limbo trees along south property line to locations shown on the plan. 2. Plant fifteen (15) new oak trees along the south property line, fifteen (15) feet on center. The trees shall be at 'east 18' high. If they cannot he ohtainel by a 'landscape contractor within the ^ade/9rcwart,lllcr.roe county area, then we will accept a minimum of '6' high oaks. This will be accepted to replace the oak trees that were to be transplanted according to the plans approved by the City of Miami but did not survive. :n order to approve a Temporary Certificate of Occupancy prior to the necessary planting and transplanting, a bond must be posted to cover the full cost of obtaining, planting and transplantinq the trees. Please be advised that according to the City of Miami Code Chapter 17,-nvironmental Preservation, Sea. rj-15: Any citi^en may appeal any decision made by this department in Anforcemrnt of the term or provision of the Chapter to the Heritage Conversation Hoard by filing within ten (10) days after date of this initial decision, a written notice of appeal to the City Manager with a 90- 910 R ILDING AND ZONING DEPARTMENT A z Narinder S. Jolly copy to the City Clerk and the which shall set forth precisely the reasons and grounds for the accompanied by the applicable fee. August 1, 1990 Page 2 Heritage conversation Officer, the decision appealed from and appeal. Each appeal shall be If you have any questions, please contact me as soon as possible. Very truly yours, S� A. GENUARDI, P.E. Zoning Administrator JAG/jg cc: Sergio Rodriguez, Director •Warren Bittner, Ass't. City Attorney Joe McManus, Ass't. Deputy Director Santiago Jorge -Ventura, Ass't. Director Anthony J. O'Donnell Akerman, Senterfitt h Eidson One Arickell Square - 24th floor 801 Brickell Avenue Miami, FL 33131-2948 90 - 910 :i ♦ y �}•, R,. •� . tar a r� �:: =. ham•+:=�44_;�►:.•.•:%�. TREE REIAXATION I.tSI NUMER SPECS GL—"T IICICfri 6 SPREAD i OAK 28" 3L' x 3t)' 2 OAK 40•. 3n' xX' 3 OAK 30•' 21)' x 16' Czi A,X74 4 OAK 3?" 24' x 24' 5 OAR 48" 36' x 30' 6 OAK 16- 20' x 21' I OAK 24" 20' x 20' 8 OAK 14•1 22' x 18' 9 OAK 12" 26' x t0' t0 OAK 24" 26, x 24' It Of! 24" 24' x 24' 12 on 16" 20' x 12e 13 OAK 16- 2C' x 26' WOTES: I. All listed trees have heen heavily pruned ultfoln tf.e Post the ,years, ulth suMtantial tree canopy remuvad. 2. All calipers sad hel6ht and spread measurem-ents are "Proximate only, and contractor should veifty hetore Uddlns. '1',��Ltil- !•".l .'�:,''f r ; c - •:;•r 1i fi t t,�Mr-_-_. - .._. �•t- �filG'i't;—Lf/. �. G f'i.tf.;.�E!-iF•- "�_--_-1.►/ti -------- � 2' FP 10'tiT. PI JK (p't I (,O - - (.tYc Ct�i� - /.il hr2.� VtF ^!NI/�N/• 14'14-T A-1'- i �!� 1 �.�""7%�`-� i"� - ��'E"i� -' ' aJt���-�{i�.%�'t�. �.y z.S,A• �j'T•'l • ft � �' oG jj'..A lI Ix019a,. MIJ eA z� c,,t)fzlNa.ti: fa1EFR't - ff�r £-ci C C N t is r, %"LL t•,,,: '',,;�f,-s,,.i,,,. ��• 'rCal..ir? �fi. ,�4.X�C!`-Ttr}G.G �Gt�t�,a.T/�tn . -E�t- tN c�lc,.�-1 � �.; t✓x-1�1I t r; c: -[t~ r".� -r-`Y N�n���� - -na e'er r--� �cac N tr tN Lfa fir.- rcart . FCC . �xL' t ir_{ty.. � FE t= J r31• N v^ E*C tA , r t+' �.'� seated, btt?'sfxrttd P��t�d .fir• adros rl aP?M- r E 6utasz>z . t � '+ �• �,��_ •r--••�-- _•=a+�ear.•w.w+rc-as-.+ems-----'- � - - ,��,�,_ar..�� ., ,. 4101H+op. {� + Ll 2 COUNTY ATTORNEY METROPOLITAN DADE COUNTY, FLORIDA SUITE 2810 METRO.OAOE CENTER 111 N.W. 1st STREET MIAMI. FL 33128-1993 (305) 375.5151 September 26, 1990 FAX (305) 375.5634 Anthony J. O'Donnell, Jr., Esquire Akerman, Senterfitt & Eidson 801 Brickell Avenue Miami, Florida 33131 Re: Dade County Human Resources Health Center 2500 N.W: 22 Avenue Dear Tony: Enclosed for your information is a copy of a letter from County Manager Joaquin Avino delivered to Mr. Joseph Genuardi on September 25, 1990. Sincerely, J?`lti- .l J; i Armstrong J, f fey Assistant County Attorney JAC/bc Enclosure cc: Joel Maxwell, Esquire Warren Bittner, Esquire Miriam Maer, Esquire 90-- 910 0 t" METROPOLITAN DADE COUNTY, FLORIDA ��1% rpu METROOAM rA► AmIiiiiiffb METRO•OADE CENTER OFFICE OF COUNTY 111""EII su1T! "10 111 N.W. Ist STREET MIAMI. FLORIDA 33IM1104 OM 3Ts6311 September 20, 1990 Mr. Joseph A. Genuardi, P.E. Zoning Administrator City of Miami Building and Zoning Department 275 N.W. 2nd Street Miami, Florida 33233-0708 Re: Dade County Human Resources Health Center, 2500 N.W. 22 Avenue Dear Mr. Genuardi: Pursuant to the provisions of Section 1803, Zoning Ordinance of the City of Miami (Ord. No. 11,000)L, Dade County respectfully requests that, by reason of the facts described below, you immediately lift the automatic stay of the temporary certificate of occupancy for the referenced project, issue a temporary certificate of occupancy, and certify to the City of Miami Zoning Board that you have done so due to imminent peril to life and property. Each day of delay poses a literal risk of life or death to AIDS patients needing nursing home beds, and already this project's certificate of occupancy has been delayed for months pending resolution of a landscaping matter which does not pose any threat to the safety of the facility. All that remains is the City Zoning Board's review of a new landscaping plan that you have already approved. We sought that review on September 17, 1990, but the Zoning Board deferred action until October 15, 1990. On September 18, 1990, the City's own expert Heritage Conservation Board considered the same plan you have approved and approved it on a modified basis acceptable to Dade County. In 1The -previous Zoning Ordinance of the City, of Miami, Ord. No. 11,000, which was in effect until September 4, 1990, included an identical provision. 90-- 910 4V yr. Joseph A. Genuardi, P.E. September 20, 1990 Page No. 2 view of these circumstances, we urge you to issue the certificate of occupancy without any further delay. You currently hold Dade County's bond to insure completion of the landscaping requirements. IMMINENT PERIL TO LIFE AND PROPERTY HRHC has been nationally recognized for its ground breaking efforts in the care of AIDS patients. HRHC was the first nursing home in the Southeast United States to accept AIDS patients, and it has done so since at least 1983. HRHC currently dedicates twelve of its 150 beds to AIDS patients. In 1987, Dade County obtained a $2.3 million state grant to expand its facility to increase the number of nursing home beds available for indigent AIDS patients. The expansion which is the subject of this action was funded with that grant. The expansion contains thirty beds. HRHC is the only nursing home in all of Dade County, including 2the City of Miami, that serves indigent AIDS patients. As you are doubtless aware, the symptoms of full-blown AIDS are devastating to its victims, and may include severe weight loss, life -threatening respiratory illnesses, and damage to the central nervous system, sometimes resulting in disorientation and inability to care for personal needs. Although AIDS patients suffering from such symptoms may not require continuous hospitalization, many obviously need around -the -clock institutionalized nursing care. As will be explained later, substitutes for such care, including hospice and home care, fall critically short of their needs. 2In fact, only one other nursing home will accept even non -indigent AIDS patients, the North Shore Nursing Home. Because of the often astronomical costs of treating AIDS, patients who at early states of the disease may have had the financial means to cover costs of treatment may at later stages become indigent. Medicaid is not a satisfactory solution either. It pays only a small percentage of actual costs of treatment, and is not available to a great many of the patients who are not eligible for a variety of reasons, including the fact that many of the patients are undocumented aliens. 90-- 910 Mr. Joseph A. Genuardi, P.E. September 20, 1990 Page No. 3 The number of diagnosed cases of full-blown AIDS in Dade County is rising rapidly. The South Florida AIDS Network, an agency of Jackson Memorial Hospital, provides referral services, transportation, and other social services to patients with AIDS or positive HIV tests. Currently, SPAN is serving approximately 6,800 patients, and is processing 180 new applications every month, 1/3 of which have full-blown AIDS. The 70 hospital beds at Jackson Memorial Hospital that are dedicated to AIDS patients operate continuously at 120% occupancy, with patients being housed in the emergency room and other holding facilities. A very critical point arrives at the time an indigent AIDS patient who, though ill, is able to be discharged from hospital care. The decision :gust be made whether to keep that patient in the hospital, thus depriving another prospective AIDS patient of a bed, or to discharge him to one of a variety of unsatisfactory care options. Other than the existing twelve beds at HRHC, the only options for indigent AIDS patients are hospice care, home care with visiting nurses, family care and no care. Any patient discharged to one of these care options will likelIx die ear ier because no around -the-clock institutionalizedinstitMionalized nursing home care is available. Not one of these facilities has vents ators or other egyipment necessary to resuscitate a patient who enters a crisis. Further, home care is not satisfactory because nursing care in the home is provided only on an hourly basis, leaving the bed -ridden patient helpless to fend for himself in the hours when the nurses are not there. Also, it will probably come as no surprise to you that there are some locations in this county where nursing services simply will not go. A final problem with horse care is that disoriented AIDS patients may simply leave home and be unable to find their way back, exposing themselves to infection and quicker death. This last problem is not hypothetical. It happens on a more regular basis that might be thought. we believe you can see from this discussion that indigent patients with AIDS are literally facing a risk to their lives because of the shortage of nursing home care. Medical decisions 3Indeed, the whole philosophy of hospice care is not to undertake. extraordinary efforts to prolong life, which may be appropriate for patients in the very late stages of the disease who have so opted, but which is entirely inappropriate for other patients at early stages. 90- 910 1 Mr. ,;oseph A. Genuardi, P.E. September 20, 1990 Page No. 4 are now being made to release patients to one of the unsatisfactory care options that have been described. We therefore respectfully request that without any further delay you grant a certificate of occupancy so that the County can go forward with construction of this much -needed facility. JGA/JAC/bc Very truly yours, Joaquin G. Avino, P.E. P.L.S. County Manager 90- 910 /„S