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Office: (808)961-8396Fromtheofficeof- cP:.;i''1 Fax: (808)961-8912CouncilMember
District 3—Hilo and Puna Email: sue.leeloy@hawaiicounty.gov
TEOFMw-
SUSAN L.K. LEE LOY
25 Aupuni Street,Hilo,Hawai`i 96720
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TO: Valerie T. Poindexter, Chair 0 ==
and Members of the Hawai`i County Council
FROM: Sue Lee Loy, Council Member
DATE: April 5, 2017 u.
Subject: Proposed Amendments to Resolution No. 101; Resolution Authorizing the
Payment ofFunds of a Later Fiscal Year and of a Multi-Fiscal Year Agreement
for Furnishing Greenwaste Diversion Operations in West Hawai`i and East
Hawai`i for the Department of Environmental Management
Please find attached a proposed Resolution No. 101, Draft 2, which will be introduced by way of
a motion to amend Resolution No. 101 by substitution. As allowed in Robert's Rules of Order,
sections of content are stricken and replaced with new content as a"convenient and time saving
method for handling a poorly framed resolution."
The attached proposed amendment contains the following changes with respect to Resolution
No. 101:
1. All of the amendments proposed by substitution in Communication No. 140.2;
2. Five new WHEREAS clauses, inserted as the fourth through eighth clauses; and
3. One new.BE IT FURTHER RESOLVED clause.
The attached draft of Resolution No. 101, Draft 2, is submitted as a substitute for Resolution No.
101-17.
SLL/ps
Att.
r No® I
Ref. T®:
P f, nate ^oR 0 5 2417
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,therebypreserving valuable landfill space; and
WHEREAS, in 2013,the County established organics diversion operation sites referred
to as the West Hawaii Organics Facility adjacent to the West Hawai`i Sanitary Landfill and the
East Hawaii 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, Appendix 2 of the existing contract identifies Tax Map Keys: (3)-2-1-
013:142, 160, 161, and 163 as the proposed location of the East Hawai`i Organics Facility; and
WHEREAS,the Keaukaha-Pana`ewa Farmers Association opposes the proposed
location of the East Hawai`i Organics Facility; and
WHEREAS,the Office of Hawaiian Affairs, in a letter to the Chief ofthe Solid Waste
Division of the Department of Environmental Management dated December 12, 2016,raised
objections to the proposed"Finding ofNo Significant Impact"for the Draft Environmental
Assessment for the organics facility, "primarily due to the project's proximity to communities in
which our beneficiaries live and work, and an absence of serious study of cumulative impacts
and planned projects"; and
WHEREAS;the Department of Hawaiian Home Lands, in a letter to the Mayor dated
January 23, 2017, opposes the proposed location of an East Hawai`i Organics Facility because it
poses a significant threat to the health and well-being of our Pana`ewa beneficiaries; and
WHEREAS, Senator Kaiali`i Kahele and Representative Chris Todd, in a letter
to the Council dated March 20, 2017,write that the concerns of residents in close
proximity to the facility"must be addressed and there are alternate sites in East Hawai`i"
to locate the project; and
WHEREAS,the County has issued a notice of termination ofthe existing contract, dated
February 16, 2017; and
WHEREAS,Article X, Section 10-11 ofthe 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
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WHEREAS, it is in the County's best interest to contact 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 Hawai`i 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 10-11 of the Hawaii County Charter, any
solicitation of a greenwaste/organics diversion program with a cumulative term ofmore than two
2) years, including the initial year ofthe contract plus any option years to extend,shall be
submitted to the County Council for approval.
BE IT FURTHER RESOLVED that the County is urged to seek agreement with the
contractor to build an organics facility in a location other than the parcels identified in Appendix
2 ofthe existing contract.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy ofthis
resolution to the Mayor,the Director of Environmental Management, and the Director of
Finance.
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