HomeMy WebLinkAboutRES 125 Draft 01 2020-2022-40
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COUNTY OF HAWAII '• STATE OF HAWAII
TE Of •N'
RESOLUTION NO. IL25 21
A RESOLUTION AMENDING RESOLUTION NO. 159-19, REGARDING THE
AUTHORIZATION OF ADDITIONAL FUNDS FOR THE EMPLOYMENT OF
SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAII DEPARTMENT
OF ENVIRONMENTAL MANAGEMENT IN THE RENEGOTIATION OF ITS SOLID
WASTE MANAGEMENT CONTRACT WITH WASTE MANAGEMENT HAWAII IN
REGARDS TO THE PU`UANAHULU WEST HAWAII SANITARY LANDFILL.
WHEREAS, pursuant to Section 6-5.5 of the Hawaii County Charter (2020),
("Charter") the County may, upon authorization by the County Council, employ special counsel
for any special matter presenting a real necessity for such employment; and
WHEREAS, the Department of Environmental Management ("DEM"), requires the
continued assistance of special counsel for the purpose of renegotiating its current contract with
Waste Management Hawaii, the entity operating the West Hawaii Sanitary Landfill at
Pu`uanahulu; and
WHEREAS, Charter Section 6-5.5 requires that the authorization by the County Council
shall specify the compensation to be paid for special counsel services; and
WHEREAS, the amount of THREE HUNDRED THOUSAND AND NO/ 100
DOLLARS ($300,000) as previously authorized under Resolution No. 159-19 has been
expended; and
WHEREAS, significant progress has been made in the renegotiating of the contract; and
WHEREAS, the Office of the Corporation Counsel in conjunction with DEM has
determined that additional funds are required for the continuation of special counsel services for
the updating of the landfill contract; and
WHEREAS, the Office of the Corporation Counsel in conjunction with DEM estimates
that the continued cost of the special counsel services required shall be not more than an
additional TWO HUNDRED THOUSAND AND NO/100 DOLLARS ($200,000) for
professional legal services rendered to the County; and
WHEREAS, the additional funds to compensate special counsel will be paid from
revenues generated by DEM's solid waste operation fees; and
WHEREAS, Charter Section 6-5.5 requires a two-thirds vote by the County Council to
approve continued employment of special counsel; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that
pursuant to Charter Section 6-5.5, the $300,000 amount that has been authorized for the purposes
stated in Resolution No. 159-19 is increased by an additional TWO HUNDRED THOUSAND
AND N011 00 DOLLARS ($200,000).
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable Mitchell D. Roth, Mayor; Ramzi I. Mansour, Director of
Environmental Management, and Elizabeth Strance, Corporation Counsel.
Dated at Hilo , Hawai`i, this 19th day of may , 202_1_.
INTRODUCED BY: 1f9�j
COUNTY COUNCIL
County of Hawaii
Hilo, Hawaii
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawaii on May 19, 2021
ATTEST:
F)
COUNTY OF HAWAII
ROLL CALL VOTE
AYES1 NOES ABS
EX
CHUNG X
DAVID X
INABA X
KANEALI`I-KLEINFELDER X
KIERKIEWICZ X
KIMBALL X
LEE LOY X
RICHARDS X
VILLEGAS x
9 0 0
0
Reference: C-253/Waived FC .
RESOLUTION NO. x..25 21