HomeMy WebLinkAboutCOM 0191.002 2016-2018ot.oF..Office: (808)961-8396Fromtheoffof- y''' Fax: (808)961-8912CouncilMember
District 3-Hilo and Puna t• Tc•- Email• sue.leeloy@hawaiicounty.gov
SUSAN L.K. LEE LOY N
25 Aupuni Street,Hilo,Hawai`i 96720 ZS
TO: Valerie T. Poindexter, Chair
and Members ofthe Hawai`i County Council o
irn Dol
FROM: Sue Lee Loy, Council Member 701
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DATE: April 5, 2017
Subject: Proposed Amendments to Resolution No. 135: Resolution Urging the Honorable
Mayor Harry Kim to Rescind the Termination ofthe Contract Issued Pursuant to
the Request for Proposal No. 3298:.For Furnishing and Implementing an Organics
Diversion Program in East Hawai`i and West Hawai`i for the Department of
Environmental Management to Best Meet Hawai`i County's Solid Waste
Management Goals.
Please find attached proposed amendments to Resolution No. 135. The proposed amendments
are illustrated below in Ramseyer format with respect to the contents of Resolution No. 135. A
draft copy of Resolution No. 135, Draft 2, is attached with these additional amendments
incorporated therein.
1. Resolution No. 135 is amended by inserting five new clauses as the eighth through
twelfth clauses to read as follows:
WHEREAS, Appendix 2 ofthe Contract identifies Tax Map Keys: (3)-2-1-013:142,
160, 161, and 163 as the proposed location of the East Hawaii Organics Facility; and
WHEREAS,the Keaukaha-Pana`ewa Farmers Association opposes the proposed
location ofthe East Hawai`i Organics Facility; and
WHEREAS,the Office of Hawaiian Affairs, in a letter to the Chief of the 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
corm, No. ,.
Ref. To: .'-- - ! .
P.f Date 8_2.2145Al2.---
WHEREAS, Senator Kaiali`i Kahele and Representative Chris Todd, in a letter
to the Council dated March 20, 2017,write that the concerns ofresidents in close
proximity to the facility"must be addressed and there are alternate sites in East Hawai`i"
to locate the project; and"
2. Resolution No. 135 is amended by inserting the following clause after the enacting
clause:
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 Contract."
SLL/ps
Att.
2 .
RESOLUTION URGING THE HONORABLE MAYOR HARRY KIM TO RESCIND
THE TERMINATION OF THE CONTRACT ISSUED PURSUANT TO THE REQUEST
FOR PROPOSAL NO. 3298: FOR FURNISHING AND IMPLEMENTING AN
ORGANICS DIVERSION PROGRAM IN EAST HAWAII AND WEST HAWAII FOR
THE DEPARTMENT OF ENVIRONMENTAL MANAGEMENT TO BEST MEET
HAWAII COUNTY'S SOLID WASTE MANAGEMENT GOALS.
WHEREAS, in December 2007,the County Council adopted Resolution No.356-07
incorporating the Principles of Zero Waste as a long-term goal for the County of Hawai`i; and
WHEREAS, in May 2008,the County Council adopted Resolution No. 624-08, which
funded a$50,000 study on the County's Zero Waste policy espoused by Resolution No. 356-07;
and
WHEREAS, in January 2009,the County Council adopted Resolution No. 826-08 urging
the Department of Environmental Management to develop an ordinance and implement a plan to
prohibit food,paper, and compostable organics from Hawai`i County landfills by 2012; and
WHEREAS,the County of Hawai`i's 2009 Integrated Resources and Solid Waste
Management Plan found that 54% (114,000 tons) of Waste disposed at County landfills is
organic materials that could be recycled,thereby preserving valuable landfill space; and
WHEREAS, in 2013,the County established greenwaste and organics diversion
operation sites referred to as the West Hawai`i Organics Facility adjacent to the West Hawai'i
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, on May 6, 2015,the County Council adopted Resolution No. 126-15
authorizing the payment of funds for a later fiscal year and of a multi-fiscal year agreement for
furnishing organic waste diversion operations in West Hawai`i and East Hawai`i for the
Department of Environmental Management; and
WHEREAS,the County entered into a ten(10) year Service Agreement(the Contract)
that began on July 1, 2016,to provide an organic waste diversion program in East Hawai`i and
West Hawaii for the Department of Environmental Management that involves sanitizing and
partially composting mulch to control invasive species; and
WHEREAS, Appendix 2 of the 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 ofthe 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 of No Significant Impact"for the Draft Environmental
Assessment for the organics facility, "primarily due to the project's proximity to communities in
3
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, on February 16, 2017,the Mayor notified the organic waste diversion
program Contractor that the County was pursuing a"Termination for Convenience" ofthe
service agreement to take effect on June 30, 2017; and
WHEREAS, Sections 10.10 and 10.29 ofthe Contract, and Section 15 of the County's
Special Provisions,permit the Contracting Officer to make modifications to the Contract; and
WHEREAS,the Environmental Assessment for the in-vessel Composting Facility
identified in the Contract, which is required before finalizing the site for the in-vessel
Composting Facility, has not yet been completed; and
WHEREAS,Article VIII, Section 8.1 of the Contract provides for modification to the
Composting Facilities Design-Build Date, which may be extended due to the occurrence of an
Uncontrollable Circumstance"; and
WHEREAS, on February 16, 2017,the Director of Finance submitted for introduction to
the Council Resolution No. 101-17, which authorizes the payment of funds of a later fiscal year
and a multi-fiscal year agreement for furnishing greenwaste diversion operations in West
Hawai`i and East Hawai`i for the Department of Environmental Management; and
WHEREAS,on March 21, 2017, Environmental Management Committee members
reviewed a confidential and privileged report referenced by the Mayor in his testimony at the
March 7, 2017, Environmental Management Committee meeting; and
WHEREAS, several members of the Environmental Management Committee found the
cost analysis within this report to be flawed;and
WHEREAS, on March 21, 2017,the Environmental Management Committee was not
provided with any information to support the Mayor's statements claiming the Contract did not
meet the County's 2009 Solid Waste Management Goals, as provided in his testimony during the
March 7,.2017, Environmental Management Committee meeting; and
WHEREAS, on March 21, 2017,the Finance Committee, sent a strong, unified message
to the Mayor by voting unanimously to forward Resolution No. 101-17 to the Council with a
negative recommendation; now,therefore,
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BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI'I that it
urges the Mayor to rescind the "Termination for Convenience"notice to the Contractor, dated
Feb. 16, 2017, to best insure that the County's solid waste management goals are achieved.
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 of the Contract.
BE IT FURTHER.RESOLVED that the Council of the County of Hawai`i urges the
Mayor to work with the Contractor to make mutually agreeable modifications to the Contract's
Composting Facilities Design-Build Date and adjust Contract pricing as needed to reflect the new
timeline.
BE IT FINALLY RESOLVED that the County Clerk shall transmit a copy of this
resolution to the Honorable Mayor Harry Kim, the Director of Environmental Management, and
the Director of Finance.
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