FOIA-Potesta and Associates

FOIA-Potesta and Associates

Document Date: February 16, 2024 Document: FOIA-Potesta_and_Associates.pdf

OCR Scan (approximately)

This OCR scan may contain automatically generated text as generated using Apache Tika and Tesseract. It may not be correct. No effort has been made to correct any of these scans (so far). These OCR scans are also used in the site's Search feature. Please review the Search Policy for details about the site features. The OCR scan is provided here for reference purposes. It provides searchable text when the underlying document might not. But the scan process may not always work perfectly.

2/16/24, 2:19 PM daball.me Mail - Freedom of Information Act Request regarding Potesta & Associates, its competitors, selection process, and legal…

https://mail.google.com/mail/u/0/?ik=c072651926&view=pt&search=all&permmsgid=msg-f:1791081891212180563&simpl=msg-f:1791081891212180… 1/2

David Ball [email protected]

Freedom of Information Act Request regarding Potesta & Associates, its competitors, selection process, and legal theories regarding landfill project Lonzo Lester [email protected] Fri, Feb 16, 2024 at 1:39 PM To: David Ball [email protected] Cc: [email protected], [email protected], [email protected]

Potesta Landfill Development Feasibility Study RFQ.pdf

T&L Landfill Development Feasibility Study RFQ.pdf

Mr. Ball,

You have requested information (attached) from the Russell County Board of Supervisors under the Virginia Freedom of Information Act (FOIA). I have reviewed your request and provide the following information:

Request #1 - All communications, if any, including but not limited to any emails, phone call notes, chats, instant messages, letters, or other correspondence, regarding any requests for qualifications (RFQs) about the Russell County landfill project referenced above including solicitations for requests for qualifications, negotiations between the County and any prospective clients, including but not limited to Potesta & Associates and Thomas & Litton, or any discussions about the scope, cost, or any other facts regarding the project, between the County and any prospective clients, to include communications not limited to the Board of Supervisors but also to include the County Administrator, any County Attorneys, or any other parties representing the County and any prospective clients, whether or not the Board accepted those offers by those offerors. You should omit the communications which were already disclosed in the agenda packet for September 12, 2022. - See attached documents.

Request #2 - All communications, if any, including but not limited to any emails, phone call notes, chats, instant messages, letters, or other correspondence, regarding any ongoing relationship between Russell County and Potesta & Associates regarding the landfill project for which the Request for Qualifications (RFQ) was ultimately awarded to Potesta & Associates during the September 12, 2022, board meeting. This request should include communications between Board Members, County Administrator, any County Attorneys, or any other parties representing the County and Potesta & Associates. You should omit the communications that were already disclosed in any other agenda packets currently available for download. - See attached documents.

Request #3 - All project deliverables, if any, including but not limited to any results, and particularly comprehensive results, of the feasibility study work being purchased on an ongoing basis from Potesta & Associates regarding the landfill project for which the County’s client has done work for the County. - Gentry Locke (Special Counsel) is asserting that the information submitted by NOV A and Potesta Engineering is CONFIDENTIAL under Va. Code Sections 2.2-3705.6.3 and 2.2- 3705.7.2 which is part of the Host Agreement.

Request #4 - All communications, if any, including but not limited to any emails, phone call notes, chats, instant messages, letters, or other correspondence, between the County or any of its representatives, Board Members, the County Administrator, or any other parties representing the County, and any prospective landfill owners or their attorneys, County attorneys, or any other attorneys, that can corroborate or otherwise reinforce any claims, arguments, suppositions, etc., that the County might be held liable in the event it does not resolve to sign a Host Agreement and/or if the County might choose to modify the 2017 waste management ordinance to remove language permitting private landfills. Especially if you have any documentation on redress rights the

https://drive.google.com/file/d/17ukVuJ18RcreL-VFuf_2Fr4ic6_OLrXt/view?usp=drive_web https://drive.google.com/file/d/1WFX3e8dsHs2z4YBNEDyMX7udLcM3ioAE/view?usp=drive_web 2/16/24, 2:19 PM <aball.me Mail - Freedom of Information Act Request regarding Potesta & Associates, its competitors, selection process, and legal

Gmail bavi al cavidedabatime>

Freedom of Information Act Request regarding Potesta & Associates, its competitors, selection process, and legal theories regarding landfill project

Lonzo Lester [email protected] Fri, Feb 16, 2024 at 1:39 PM To: David Ball <david@daball. me> Co: foiacouncil@als. virginia. gov, [email protected], [email protected]

1B Potesta Landfill Development Feasibility Study RFQ. pdf

BR Tat Landfill Development Feasibility Study

REQ.pdf Mr. Bali,

You have requested information (attached) from the Russell County Board of Supervisors under the Virginia Freedom of Information Act (FOIA). | have reviewed your request and provide the following information:

County and any prospective clients, including but not limited to Potesta & Associates and Thomas & Litton, or any discussions about the scope, cost, or any other facts regarding the project, between the County and any prospective clients, to include communications not limited to the Board of Supervisors but also to include the

County Administrator, any County Attorneys, or any other parties representing the County and any prospective clients, whether or not the Board accepted those offers by those offerors. You should omit the communications which were already disclosed in the agenda packet for September 12, 2022. - See attached documents.

Request #2 - All communications, if any, including but not limited to any emails, phone call notes, chats, instant messages, letters, or other correspondence, regarding any ongoing

relationship between Russell County and Potesta & Associates regarding the landfill

project for which the Request for Qualifications (RFQ) was ultimately awarded to

Potesta & Associates during the September 12, 2022, board meeting. This request

should include communications between Board Members, County Administrator, any

County Attorneys, or any other parties representing the County and Potesta &

Associates. You should omit the communications that were already disclosed in any

other agenda packets currently available for download. - See attached documents.

Request #3 - All project deliverables, if any, including but not limited to any results, and Particularly comprehensive results, of the feasibility study work being purchased on

an ongoing basis from Potesta & Associates regarding the landfill project for which

the County’s client has done work for the County. - Gentry Locke (Special Counsel) is asserting that the information submitted by NOV A and Potesta Engineering is CONFIDENTIAL under Va. Code Sections 2.2-3705.6.3 and 2. 3705.7.2 which is part of the Host Agreement.

Request #4 - All communications, if any, including but not limited to any emails, phone call notes, chats, instant messages, letters, or other correspondence, between the County or any

of its representatives, Board Members, the County Administrator, or any other parties, representing the County, and any prospective landfill owners or their attorneys,

County attomeys, or any other attorneys, that can corroborate or otherwise reinforce

any claims, arguments, suppositions, etc., that the County might be held liable in the

event it does not resolve to sign a Host Agreement andior if the County might choose

to modify the 2017 waste management ordinance to remove language permitting

private landfills. Especially if you have any documentation on redress rights the

hitps//mail. google.com/mailu/0/2Ik=c0726519268.view=pt&search=all&permmsgid=msq-£17910818912121 80563&simp!=msq-1791081891212180… 1/2

2/16/24, 2:19 PM daball.me Mail - Freedom of Information Act Request regarding Potesta & Associates, its competitors, selection process, and legal…

https://mail.google.com/mail/u/0/?ik=c072651926&view=pt&search=all&permmsgid=msg-f:1791081891212180563&simpl=msg-f:1791081891212180… 2/2

landfill owner might have, do include that in the request. - No communications of any type addresses or exist concerning corroborate or otherwise reinforce any claims, arguments, suppositions, etc., that the County might be held liable in the event it does not resolve to sign a Host Agreement and/or if the County might choose to modify the 2017 waste management ordinance to remove language permitting private landfills. Especially if you have any documentation on redress rights the landfill owner might have, do include that in the request.

If you have any questions, please contact me.

Sincerely,

Lonzo Lester, MBA, VCO, CPC County Administrator Russell County Board of Supervisors 137 Highland Drive, Suite A Lebanon, VA 24266 Office: 276.889.8000 Cell: 276.880.4396 [email protected]

www.russellcounty.us

[Quoted text hidden]

7 attachments

Potesta Master Ageement Final - 09302022.pdf 2601K

Proposal for Consulting Services - Potesta & Assoc…pdf 611K

Potesta contract adjustment.pdf 114K

BOS Minutes 12112023.pdf 191K

RC BOS Minutes 09122022.pdf 129K

Landfill Feasibility RFQ.pdf 146K

RussellCountyLandfillFeasibilityStudyProposal (1).pdf 648K

landfill owner might have, do include that in the request. - No communications of any type addresses or exist

concerning corroborate or otherwise reinforce any claims, arguments, suppositions, etc., that the County mi

ight be held liable in the

event it does not resolve to sign a Host Agreement and/or if the County might choose to modify the 2017 waste management ordinance to remove language permitting

private lan landfill owner might have, do include that in the request.

If you have any questions, please contact me.

Sincerely,

Lonzo Lester, MBA, VCO, CPC County Administrator

Russell County Board of Supervisors 137 Highland Drive, Suite A

Lebanon, VA 24266

Office: 276.889.8000

Cell: 276.880.4396 [email protected]

www.russellcounty.us

[Quoted text hidden}

7 attachments

‘23 Potesta Master Ageement Final - 09302022.pdf 2601K

‘Bj Proposal for Consulting Services - Potesta & Assoc…pdf 611k

Potesta contract adjustment.pdf a i pe 14K

BOS Minutes 12112023.pdf 191K

RC BOS Minutes 09122022.pdf 129K

Landfill Feasi 146K

RussellCountyLandfillFea: 648K

ity RFQ.pdf

ityStudyProposal (1).pdf

ooo o

hittps://mall google. com/mailu/0/2Ik=c0726519268 view=pt&search=all&permmsgi

lls. Especially if you have any documentation on redress rights the

msq-417910818912121805638simpl=msq-f1781081891212180,

^ Back to top of page.