HomeMy WebLinkAbout2008-364Florida Green Local Government Standard
Final Application Form
Submit this form along with an electronic copy of this entire spreadsheet, or a print out of all "sheets" except the "Filter
Tool". Also include all documentation necessary to determine compliance.
1. Local Government Information
Local Government Name: Indian River County
Coordinator Name
Coordinator Phone
Coordinator Fax:
Coordinator Email:
2, Point Totals
Himanshu H. Mehta, PE Coordinator Address: 1325 74th Avenue
Vero Beach, FL 32960
772-770-5089
772-770-5296
hmehtap,ircgov.com
Category
MAP
CPA
A
59
29
B
27
10
C
39
22
D
9
4
E
13
6
F
9
4
G
26
22
H
9
6
1
7
4
J
19
10
Total Maximum Applicable Points 354
Total Credit Points Achieved 188
Category
MAP
CPA
K
16
8
L
14
13
M
4
3
N
7
2
O
9
4
P
23
13
Q
31
12
R
15
9
S
18
7
Platinum = 61 - 100% of MAP total
Percent of Maximum Applicable Points Total 53.1 % Gold = 41 - 60% of MAP total
Silver = 20 - 40% of MAP total
Registered = 0-20% of MAP total
,(Fii� s!p1ed level requires documentation of intent to achieve Silver level or above within 3 years.)
3. Agreemwosnt and AVp:icvtiorT;Pll*:.
Total application fee $4,500.00
I have read the entire s n&irti and wj ;abide by the policies it contains.
I under%Zand 4hat rhii TTfee v lows ar' FMC evaluator to decide whether Deposit paid $500.00
a desig ator. will be awarded. I understand that no designation will be
awarder u.nlir,ail.`docur entaTOgn deemed necessary by the evaluator Balance now paid $4,000.00
to judge coaAance with.the standard has been provided. I understand
that this fc;eesrkdi%-refundable.AclpJAh5A FGBC, Inc. reserves the right to Please make check payable to Florida Green
revoke the dasi j?pi brdgord1ng!9 the policies set forth in the standard. Building Coalition
I have the authorit�'to de h1orithe local government.
Printed Name: Wesley S. Davis -- Title: Chairman, County Commissioner - District 1
Signatur Date: //`"` �� `—��
Approved
Approved
Ikid1Wel C. Tito, Assistant County Administrator
I
ATTORNEYS:
TASHA O. BUFORD
DAVID S. DEE
RONALD A. LABASKY
JOHN T LAVIA, III
PHILIP S. PARSONS
TIMOTHY R. OUALLS
KENZA VANASSENDERP
ROBERT SCHEFFEL WRIGHT
ROY C. YOUNG
YOUNG VANASSENDERP, PA.
ATTORNEYS AT LAW
GALLIE'S HALL
225 SOUTH ADAMS STREET
SUITE 200
POST OFFICE BOX 1 833
(ZIP 32302-1833)
TALLAHASSEE, FLORIDA 32301
TELEPHONE:
(850)
222-7206
TELECOPIER:
(850)
561-6834
October 24, 2008
Marian E. Fell
Senior Assistant County Attorney
Indian River County
1801 27th Street
Vero Beach, Florida 32960-3388
Dear Ms. Fell:
OF COUNSEL ATTORNEYS:
DANIEL H. COX
DAVID B. ERWIN
JOSEPH W. LANDERS, JR.
GEORGE ANN C. BRACKO
EXECUTIVE DIRECTOR
OCT 2 9 2008
COUNTY ATTORNEY'S
OFFICE
Based on our recent conversations, it is my understanding that the Solid Waste
Disposal District ("District") of Indian River County would like the law firm of Young van
Assenderp, P.A. ("the Firm"), to assist the District with various legal issues affecting the
District's solid waste management program. Among other things, the District would like
us to assist the District with: (a) the District's evaluation of the responses to the District's
Request For Proposals ("RFP") for landfill gas ("LFG") and waste -to -energy ("WTE")
projects; (b) the negotiation and preparation of a contract for the LFG or WTE project
selected by the District; and (c) the District's analysis of solid waste "flow control" issues
affecting the District's project.
We would be delighted to assist the District with these issues. We also will be
available to assist the District with other issues, if requested to do so. Accordingly, we
have prepared this engagement letter, which describes the general principles that will
govern our work for the District.
Qualifications and Case Management
With the District's approval, I will take primary responsibility for assisting the
District and I will personally perform or supervise the Firm's work for the District. I have
29 years of experience working in the area of environmental law, including the law
applicable to solid waste management facilities. My qualifications are described in more
detail in my resume, which is attached to this letter.
Indian River County
October 24, 2008
Page 4
Please call me if you have any questions. We look forward to a pleasant and
successful relationship with you and the Solid Waste Disposal District.
Sincerely,
UNG VAN ASSENDERP,
It
By:
David S. Dee
For the Firm
Attachments
Accepted and agreed to this 4th day of November, 2008.
ATTEST:
�y �J'b ,C
J.K. BARTON. CLERK
Solid Waste Disposal District
of Indian River County
Wesley S. Davis, Vice -Chairman
APPROV
L- L) AS
TO
FORM
AND
LEGAlr4SIJFFICIENCY
M ELL
IN -1Y ATTORNEY
I
ATTORNEYS:
TASHA O. BUFORD
DAVID S. DEE
RONALD A. LABASKY
JOHN T LAVIA, III
PHILIP S. PARSONS
TIMOTHY R. OUALLS
KENZA VANASSENDERP
ROBERT SCHEFFEL WRIGHT
ROY C. YOUNG
YOUNG VANASSENDERP, PA.
ATTORNEYS AT LAW
GALLIE'S HALL
225 SOUTH ADAMS STREET
SUITE 200
POST OFFICE BOX 1 833
(ZIP 32302-1833)
TALLAHASSEE, FLORIDA 32301
TELEPHONE:
(850)
222-7206
TELECOPIER:
(850)
561-6834
October 24, 2008
Marian E. Fell
Senior Assistant County Attorney
Indian River County
1801 27th Street
Vero Beach, Florida 32960-3388
Dear Ms. Fell:
OF COUNSEL ATTORNEYS:
DANIEL H. COX
DAVID B. ERWIN
JOSEPH W. LANDERS, JR.
GEORGE ANN C. BRACKO
EXECUTIVE DIRECTOR
OCT 2 9 2008
COUNTY ATTORNEY'S
OFFICE
Based on our recent conversations, it is my understanding that the Solid Waste
Disposal District ("District") of Indian River County would like the law firm of Young van
Assenderp, P.A. ("the Firm"), to assist the District with various legal issues affecting the
District's solid waste management program. Among other things, the District would like
us to assist the District with: (a) the District's evaluation of the responses to the District's
Request For Proposals ("RFP") for landfill gas ("LFG") and waste -to -energy ("WTE")
projects; (b) the negotiation and preparation of a contract for the LFG or WTE project
selected by the District; and (c) the District's analysis of solid waste "flow control" issues
affecting the District's project.
We would be delighted to assist the District with these issues. We also will be
available to assist the District with other issues, if requested to do so. Accordingly, we
have prepared this engagement letter, which describes the general principles that will
govern our work for the District.
Qualifications and Case Management
With the District's approval, I will take primary responsibility for assisting the
District and I will personally perform or supervise the Firm's work for the District. I have
29 years of experience working in the area of environmental law, including the law
applicable to solid waste management facilities. My qualifications are described in more
detail in my resume, which is attached to this letter.
Indian River County
October 24, 2008
Page 4
Please call me if you have any questions. We look forward to a pleasant and
successful relationship with you and the Solid Waste Disposal District.
Sincerely,
UNG VAN ASSENDERP,
It
By:
David S. Dee
For the Firm
Attachments
Accepted and agreed to this 4th day of November, 2008.
ATTEST:
�y �J'b ,C
J.K. BARTON. CLERK
Solid Waste Disposal District
of Indian River County
Wesley S. Davis, Vice -Chairman
APPROV
L- L) AS
TO
FORM
AND
LEGAlr4SIJFFICIENCY
M ELL
IN -1Y ATTORNEY
Indian River County
October 24, 2008
Page 5
EXHIBIT A
YOUNG VAN ASSENDERP, P.A.
TASHA O. BUFORD
DAVID S. DEE
RONALD A. LABASKY
JOHN T. LAVIA
PHILIP PARSONS
TIMOTHY R. QUALLS
KENZA VAN ASSENDERP
ROBERT S. WRIGHT
ROY C. YOUNG
LAW CLERKS*
*not an attorney
RATE
$175 per hour
$225 per hour
$175 per hour
$175 per hour
$225 per hour
$125 per hour
$225 per hour
$175 per hour
$225 per hour
$ 50 per hour
YOUNG VANASSENDEIRP, PA.
ATTORNEYS AT LAW
ATTORNEYS: GALLIE'S HALL
225 SOUTH ADAMS STREET
TASHA 0. BUFORD SUITE 200
DAVID S. DEE POST OFFICE BOX 1 833
RONALD A. LABASKY (ZIP 32302-1 833)
JOHN T LAVIA, III TALLAHASSEE, FLORIDA 3230 1
PHILIP S. PARSONS
TIMOTHY R. QUALLS TELEPHONE: (850) 222-7206
KENZA VANASSENDERP TELECOPIER: (850) 56 1-6834
ROBERT SCHEFFEL WRIGHT
ROY C. YOUNG
DAVID S. DEE
OF COUNSEL ATTORNEYS:
DANIEL H. COX
DAVID B. ERWIN
JOSEPH W. LANDERS, JR.
GEORGE ANN C. BRACKO
EXECUTIVE DIRECTOR
David S. Dee is a shareholder (partner) in the law firm of Young van Assenderp, P. A.,
and has 29 years of experience in the areas of environmental, land use, administrative, and
governmental law.
Mr. Dee routinely handles cases involving environmental permitting, enforcement
proceedings, agency rulemaking, and litigation. He has worked extensively with local, regional,
state, and federal environmental agencies. He has represented counties, municipalities,
environmental organizations, and private developers in a wide variety of cases throughout
Florida. Mr. Dee has successfully handled major, complex cases involving electrical power
plants, industrial facilities, landfills, resource recovery (waste -to -energy) facilities, cogeneration
facilities, contaminated sites, marinas, industrial and domestic wastewater treatment plants,
mines, ports, groundwater contamination, and dredge and fill activities.
Mr. Dee received a Bachelor of Arts degree in 1974 from Emory University and a Juris
Doctor degree with high honors in 1979 from Florida State University. He is a member of
several honorary organizations, including Phi Beta Kappa, Omicron Delta Kappa, and the Order
of the Coif. He has been selected for several Who's Who publications, Outstanding Young Men
in America, Florida Super Lawyers, Leading_ Florida Attorneys, The Best Attorneys Network,
America's Leading Lawyers for Business, and The Best Lawyers in America.
He is admitted to practice in all of the state and federal courts in Florida, plus the U.S.
Courts of Appeals for the 1 lth Circuit and the District of Columbia. He has the highest rating
("Av") awarded in the Martindale -Hubbell legal directory.
Mr. Dee has lectured at more than 100 environmental law seminars, including programs
conducted by the Florida Bar Association, the Florida Chamber of Commerce, and other state
and national organizations.
Mr. Dee was the Chairman of the Environmental and Land Use Law Section of the
Florida Bar Association. He served on the Section's Executive Council for eight years.
Mr. Dee is a graduate of the Leadership Tallahassee and Leadership Florida programs,
Indian River County
October 24, 2008
Page 5
EXHIBIT A
YOUNG VAN ASSENDERP, P.A.
TASHA O. BUFORD
DAVID S. DEE
RONALD A. LABASKY
JOHN T. LAVIA
PHILIP PARSONS
TIMOTHY R. QUALLS
KENZA VAN ASSENDERP
ROBERT S. WRIGHT
ROY C. YOUNG
LAW CLERKS*
*not an attorney
RATE
$175 per hour
$225 per hour
$175 per hour
$175 per hour
$225 per hour
$125 per hour
$225 per hour
$175 per hour
$225 per hour
$ 50 per hour
YOUNG VANASSENDEIRP, PA.
ATTORNEYS AT LAW
ATTORNEYS: GALLIE'S HALL
225 SOUTH ADAMS STREET
TASHA 0. BUFORD SUITE 200
DAVID S. DEE POST OFFICE BOX 1 833
RONALD A. LABASKY (ZIP 32302-1 833)
JOHN T LAVIA, III TALLAHASSEE, FLORIDA 3230 1
PHILIP S. PARSONS
TIMOTHY R. QUALLS TELEPHONE: (850) 222-7206
KENZA VANASSENDERP TELECOPIER: (850) 56 1-6834
ROBERT SCHEFFEL WRIGHT
ROY C. YOUNG
DAVID S. DEE
OF COUNSEL ATTORNEYS:
DANIEL H. COX
DAVID B. ERWIN
JOSEPH W. LANDERS, JR.
GEORGE ANN C. BRACKO
EXECUTIVE DIRECTOR
David S. Dee is a shareholder (partner) in the law firm of Young van Assenderp, P. A.,
and has 29 years of experience in the areas of environmental, land use, administrative, and
governmental law.
Mr. Dee routinely handles cases involving environmental permitting, enforcement
proceedings, agency rulemaking, and litigation. He has worked extensively with local, regional,
state, and federal environmental agencies. He has represented counties, municipalities,
environmental organizations, and private developers in a wide variety of cases throughout
Florida. Mr. Dee has successfully handled major, complex cases involving electrical power
plants, industrial facilities, landfills, resource recovery (waste -to -energy) facilities, cogeneration
facilities, contaminated sites, marinas, industrial and domestic wastewater treatment plants,
mines, ports, groundwater contamination, and dredge and fill activities.
Mr. Dee received a Bachelor of Arts degree in 1974 from Emory University and a Juris
Doctor degree with high honors in 1979 from Florida State University. He is a member of
several honorary organizations, including Phi Beta Kappa, Omicron Delta Kappa, and the Order
of the Coif. He has been selected for several Who's Who publications, Outstanding Young Men
in America, Florida Super Lawyers, Leading_ Florida Attorneys, The Best Attorneys Network,
America's Leading Lawyers for Business, and The Best Lawyers in America.
He is admitted to practice in all of the state and federal courts in Florida, plus the U.S.
Courts of Appeals for the 1 lth Circuit and the District of Columbia. He has the highest rating
("Av") awarded in the Martindale -Hubbell legal directory.
Mr. Dee has lectured at more than 100 environmental law seminars, including programs
conducted by the Florida Bar Association, the Florida Chamber of Commerce, and other state
and national organizations.
Mr. Dee was the Chairman of the Environmental and Land Use Law Section of the
Florida Bar Association. He served on the Section's Executive Council for eight years.
Mr. Dee is a graduate of the Leadership Tallahassee and Leadership Florida programs,
David S. Dee
Page 2
which are sponsored by the Tallahassee and Florida Chambers of Commerce, respectively. He
served two terms on the Board of Regents for Leadership Florida. Mr. Dee was a member of the
Board of Directors of Goodwill Industries of the Big Bend, Inc., for nine years and served as the
President of the Board. He served on the Board of Directors for the Tallahassee Chapter of the
American Red Cross. Mr. Dee was a volunteer in the American Peace Corps in Nepal and
Ethiopia.
Mr. Dee has significant experience with the Florida Electrical Power Plant Siting Act and
many of the other environmental regulations applicable to electrical generating facilities. He has
handled the permitting of many major construction projects involving electrical generating
facilities, including new facilities on "green field" sites.
Mr. Dee is the Chairman of the Advisory Board for the University of Florida's Center for
Solid and Hazardous Waste Management. He is an active member of the Florida Chapter of the
Solid Waste Association of North America (SWANA). Mr. Dee received SWANA Professional
Achievement Awards in 1990 and 1993. He also has worked with the U.S. Conference of
Mayors and its affiliate, the Municipal Waste Management Association, on regulatory issues. In
2006, Mr. Dee successfully completed the TREEO training course for landfill operators.
Mr. Dee has considerable experience with solid waste management issues. Among other
things, Mr. Dee:
(a) obtained the state and federal environmental permits for Pasco County's resource
recovery facility, Class I landfill, and associated facilities;
(b) obtained the state and federal environmental permits for Hillsborough County's
resource recovery facility (Units 1-3) and expansion (Unit 4);
(c) obtained the state and federal permits for the initial construction of Lee County's
resource recovery facility (Units 1 and 2) and expansion (Unit 3);
(d) obtained the state and federal permits for two biomass -fired cogeneration facilities
(Okeelanta and Osceola) in Palm Beach County;
(e) obtained the permits for major retrofits of the Pinellas County resource recovery
facility and the City of Tampa's resource recovery facility;
(f) obtained the environmental permits for the construction of Hillsborough County's
Class I Southeast Landfill;
(g) obtained the DER permits for the expansion of Hernando County's Croom Road
Class I landfill;
David S. Dee
Page 3
(h) obtained the DER permits for the construction of Hernando County's Northwest
Landfill;
(i) obtained the permits for the closure of St. Johns County's existing Class I landfill
and the construction of a new Class I landfill;
0) obtained the environmental permits for a new regional landfill serving Lee and
Hendry Counties;
(k) obtained the environmental permits for a new regional landfill in Osceola County;
(1) successfully opposed the issuance of the permits for the City of Jacksonville's
proposed Class I Southeast Landfill;
(m) successfully opposed the expansion
County;
of the Class I Baker Landfill in Okaloosa
(n) assisted Escambia County with numerous regulatory issues affecting the County's
active Perdido Landfill and several closed landfills;
(o) obtained the permits for a new landfill in Charlotte County for construction and
demolition debris;
(p) assisted a private company obtain DER permits for the construction of a solid
waste composting facility;
(q) assisted with the preparation of Dade County's solid waste master plan;
(r) represented various local governments in rulemaking proceedings concerning
DEP solid waste regulations, including the DEP landfill rules in Chapter 62-701 and the
ash rules in Chapter 62-702, Florida Administrative Code;
(s) assisted many local governments with their efforts to evaluate solid waste "flow
control" issues;
(t) assisted many local governments with the development of solid waste ordinances,
franchise agreements and collection contracts;
(u) assisted Alachua County with the drafting and negotiation of a contract for the
design, permitting, construction, and operation of a transfer station;
(v) assisted Leon County and the City of Key West with the preparation of requests
for proposals ("RFP") and contracts for the transport and disposal of solid waste;
David S. Dee
Page 2
which are sponsored by the Tallahassee and Florida Chambers of Commerce, respectively. He
served two terms on the Board of Regents for Leadership Florida. Mr. Dee was a member of the
Board of Directors of Goodwill Industries of the Big Bend, Inc., for nine years and served as the
President of the Board. He served on the Board of Directors for the Tallahassee Chapter of the
American Red Cross. Mr. Dee was a volunteer in the American Peace Corps in Nepal and
Ethiopia.
Mr. Dee has significant experience with the Florida Electrical Power Plant Siting Act and
many of the other environmental regulations applicable to electrical generating facilities. He has
handled the permitting of many major construction projects involving electrical generating
facilities, including new facilities on "green field" sites.
Mr. Dee is the Chairman of the Advisory Board for the University of Florida's Center for
Solid and Hazardous Waste Management. He is an active member of the Florida Chapter of the
Solid Waste Association of North America (SWANA). Mr. Dee received SWANA Professional
Achievement Awards in 1990 and 1993. He also has worked with the U.S. Conference of
Mayors and its affiliate, the Municipal Waste Management Association, on regulatory issues. In
2006, Mr. Dee successfully completed the TREEO training course for landfill operators.
Mr. Dee has considerable experience with solid waste management issues. Among other
things, Mr. Dee:
(a) obtained the state and federal environmental permits for Pasco County's resource
recovery facility, Class I landfill, and associated facilities;
(b) obtained the state and federal environmental permits for Hillsborough County's
resource recovery facility (Units 1-3) and expansion (Unit 4);
(c) obtained the state and federal permits for the initial construction of Lee County's
resource recovery facility (Units 1 and 2) and expansion (Unit 3);
(d) obtained the state and federal permits for two biomass -fired cogeneration facilities
(Okeelanta and Osceola) in Palm Beach County;
(e) obtained the permits for major retrofits of the Pinellas County resource recovery
facility and the City of Tampa's resource recovery facility;
(f) obtained the environmental permits for the construction of Hillsborough County's
Class I Southeast Landfill;
(g) obtained the DER permits for the expansion of Hernando County's Croom Road
Class I landfill;
David S. Dee
Page 3
(h) obtained the DER permits for the construction of Hernando County's Northwest
Landfill;
(i) obtained the permits for the closure of St. Johns County's existing Class I landfill
and the construction of a new Class I landfill;
0) obtained the environmental permits for a new regional landfill serving Lee and
Hendry Counties;
(k) obtained the environmental permits for a new regional landfill in Osceola County;
(1) successfully opposed the issuance of the permits for the City of Jacksonville's
proposed Class I Southeast Landfill;
(m) successfully opposed the expansion
County;
of the Class I Baker Landfill in Okaloosa
(n) assisted Escambia County with numerous regulatory issues affecting the County's
active Perdido Landfill and several closed landfills;
(o) obtained the permits for a new landfill in Charlotte County for construction and
demolition debris;
(p) assisted a private company obtain DER permits for the construction of a solid
waste composting facility;
(q) assisted with the preparation of Dade County's solid waste master plan;
(r) represented various local governments in rulemaking proceedings concerning
DEP solid waste regulations, including the DEP landfill rules in Chapter 62-701 and the
ash rules in Chapter 62-702, Florida Administrative Code;
(s) assisted many local governments with their efforts to evaluate solid waste "flow
control" issues;
(t) assisted many local governments with the development of solid waste ordinances,
franchise agreements and collection contracts;
(u) assisted Alachua County with the drafting and negotiation of a contract for the
design, permitting, construction, and operation of a transfer station;
(v) assisted Leon County and the City of Key West with the preparation of requests
for proposals ("RFP") and contracts for the transport and disposal of solid waste;
David S. Dee
Page 4
(w) assisted Martin County, Collier County, and Alachua County with the negotiation
and preparation of contracts for the transport and disposal of solid waste;
(x) represented local governments before the Florida Legislature on a variety of
issues, including legislation that would: create a moratorium on resource recovery
facilities; authorize the beneficial reuse of ash; restrict local governmepts' ability to
manage solid waste; and create new requirements for construction and demolition debris
landfills;
(y) represented Lee County in formal administrative hearings that resulted in the
issuance of a DEP renewal permit for the continued operation of the Gulf Coast Class I
Landfill;
(z) represented Leon County in formal administrative proceedings that resulted in the
issuance of the DEP permit for the construction of the County's transfer station; and
(aa) served on the City of Key West's Technical Advisory Committee for solid waste
issues.
Employment History
2006 -present Young van Assenderp, P.A.
1995-2005 Landers & Parsons, P.A.
1981-1995 Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.
1979-1981 Hopping Boyd Green & Sams, P.A.
David S. Dee
Page 4
(w) assisted Martin County, Collier County, and Alachua County with the negotiation
and preparation of contracts for the transport and disposal of solid waste;
(x) represented local governments before the Florida Legislature on a variety of
issues, including legislation that would: create a moratorium on resource recovery
facilities; authorize the beneficial reuse of ash; restrict local governmepts' ability to
manage solid waste; and create new requirements for construction and demolition debris
landfills;
(y) represented Lee County in formal administrative hearings that resulted in the
issuance of a DEP renewal permit for the continued operation of the Gulf Coast Class I
Landfill;
(z) represented Leon County in formal administrative proceedings that resulted in the
issuance of the DEP permit for the construction of the County's transfer station; and
(aa) served on the City of Key West's Technical Advisory Committee for solid waste
issues.
Employment History
2006 -present Young van Assenderp, P.A.
1995-2005 Landers & Parsons, P.A.
1981-1995 Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A.
1979-1981 Hopping Boyd Green & Sams, P.A.