HomeMy WebLinkAboutRES 125 Draft 01 2020-2022A RESOLUTION AMENDING RESOLUTION NO. 159-19, REGARDING THE AUTHORIZATION OF ADDITIONAL FUNDS FOR THE EMPLOYMENT OF SPECIAL COUNSEL TO REPRESENT THE COUNTY OF HAWAI‘I DEPARTMENT OF ENVIRONMENTAL
MANAGEMENT IN THE RENEGOTIATION OF ITS SOLID WASTE MANAGEMENT CONTRACT WITH WASTE MANAGEMENT HAWAI‘I IN REGARDS TO THE PU‘UANAHULU WEST HAWAI‘I SANITARY LANDFILL.
WHEREAS, pursuant to Section 6-5.5 of the Hawai‘i 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
Hawai‘i, the entity operating the West Hawai‘i 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 HAWAI‘I 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 NO/100 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 _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
COUNTY COUNCIL
County of Hawai‘i
Hilo, Hawai‘i
ROLL CALL VOTE
AYES
NOES
ABS
EX
CHUNG
DAVID
I hereby certify that the foregoing RESOLUTION was by
the vote indicated to the right hereof adopted by the COUNCIL of the
County of Hawai‘i on _____________________________________.
INABA
KĀNEALI‘I-KLEINFELDER
KIERKIEWICZ
KIMBALL
ATTEST:
LEE LOY
RICHARDS
VILLEGAS
Reference:
COUNTY CLERK CHAIRPERSON & PRESIDING OFFICER
RESOLUTION NO.