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COM 0140.002 2016-2018
Eileen O'Hara 7-;;or . Phone: (808) 965-2712 .. : .._ Council Member _:6?,�� �;�. Fax: (808) 961-8912 Council District 4 ='� Email: eileen.ohara©hawaiicounty.gov ,.� Chair Environmental - Vioe Chair: Planning Committee and Management Committee .:............. Agriculture, Water&Energy Sustainability Committee County of Hawaii Hawaii County Council 25 Aupuni Street, Suite 1402 • Hie, Hawaii 96720 Ct, O DATE: March 29,2017 N -L� -o o TO: Valerie T. Poindexter, Council Chair =r— and and Members of the Hawaii County Council W Fx' LP FROM: -, lhiEileen O'Hara, Council Member o SUBJECT: Proposed amendments to Resolution 101-17: Resolution Authorizing the Payment of Funds of a Later Fiscal Year and of a Multi-Fiscal Year Agreement for Furnishing Greenwaste Diversion Operations in West Hawaii and East Hawai`i for the Department of Environmental Management. Attached is a draft copy of Resolution No. 101-17, Draft 2, that I will be introducing by way of a motion to amend Resolution No. 101-17 by substitution. As allowed in Robert's Rules of Order, I have stricken out sections of content and replaced them with new content as a"convenient and time saving method for handling a poorly framed resolution". The attached proposed draft 2 includes the following changes: 1. Reordering of certain clauses without changes to text; 2. Reordering of certain clauses with text modifications; 3. Addition of one new clause; and 4. Removal and replacement of the enacting clause in its entirety. Due to the complex nature of these amendments and my intention to introduce a"different or better approach to the real question raised by the main motion" (RR§12 p.157), I submit for the Council's consideration the attached draft of Resolution No. 101-17,Draft 2,as a substitute for Resolution No. 101-17. Thank you for your attention to this matter. EO:bl Att. /YO, z, Comm No. Ref. To: PIC.gtt{1Lr,( Rei Dote APR 05 719 A RESOLUTION STRONGLY RECOMMENDING A MULTI-FISCAL YEAR AGREEMENT FOR FURNISHING GREENWASTE DIVERSION OPERATIONS IN WEST HAWAII AND EAST HAWAII FOR THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT. WHEREAS, the County of Hawai`i's 2009 Integrated Resources and Solid Waste Management Plan identified that 54% (114,000 tons) of the waste disposed at County landfills are organic materials that could be recycled,thereby preserving valuable landfill space; and WHEREAS,in 2013, the County established organics diversion operation sites referred to as the West Hawai`i Organics Facility adjacent to the West Hawaii Sanitary Landfill and the East Hawai`i Organics Facility adjacent to the Hilo Sanitary Landfill, where greenwaste and untreated wood pallets are processed into mulch; and WHEREAS, the existing organics diversion contract is a ten-year contract, which expires on June 30, 2026; and WHEREAS, the County has issued a notice of termination of the existing contract, dated February 16,2017; and WHEREAS, Article X, Section 10-11 of the County Charter requires that any contract, lease or other obligation requiring payment of funds from the appropriations of a later fiscal year or more than one fiscal year be approved by resolution; and WHEREAS, it is in the County's best interest to contract for the operation of greenwaste diversion sites based on an initial multi-year agreement involving a minimum of five (5) years; and WHEREAS, on March 21, 2017, in the Hawaii County Council's Finance Committee meeting, Councilmembers voted unanimously to forward Resolution No. 101-17 Draft 1 to Council with a negative recommendation; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that in keeping with the intention of Article X, Section 10-I1 of the Hawai`i County Charter, any solicitation for a greenwaste/organics diversion program with a cumulative term of more than two (2) years, including the initial year of the contract plus any option years to extend, shall be submitted to the County Council for approval. BE IT FI.NALLY RESOLVED that the County Clerk shall transmit a copy of this resolution to the Mayor, the Director of Environmental Management, and the Director of Finance. 2