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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.