good afternoon i'm don guzman welcome to the committee of the hall before we began mass everyone to turn their cell phones on silence i'd like to introduce our members for this afternoon's meeting for our vice chair of the cochran like to introduce our staff for today is our legislative attorney carlina cotton as well as our community secretary for our corporations council side we have see if we have any test fires chambers testify seeing nine members i would like to close open open testimony thank you that is now closed so we will move on to today's agenda cow one prend three litigation matters settlement authorisation requesting consideration of the proposed resolution entitled authorizing settlement in the hallway wildlife fund at all versus county of maui civil number twelve desk zero zero one nine eighty s o m b m k the first amendment complaint alleges violations under the federal water pollution control act also known as clean water act caused by the discharge of voice water into the ocean from injection wells operated by the county of of maui at the la heino waste water reclamation facility the purpose of the proposed resolution is to authorize salomon of the case the committee may consider whether to recommend adoption of the proposed resolution with or without revisions the committee may also consider other related actions today counsel on questions and issues pertaining to the powers duties privileges and immunities and liabilities of the county the county council and this committee so moved by misc second m have item number how one seventeen this is litigation matters settlement authorization i go on behalf of its insured lori mccarthy claim number twenty fourteen dash twenty twenty dash fifteen the committee is in receipt of the following correspondence dated june twenty third two thousand and fifteen from the department of corporation counsel requesting consideration of the proposed resolution to authorize settlement of claim two thousand and fourteen dash two thousand and twenty dash fifteen of geico on behalf of the insured lori mccarthy for eight thousand six hundred eighty two dollars and one cent and transmitting a copy of the complain a claim alleges damages to lauren mccarthy's vehicle resulting from a collision with a coconut tree lying across the highway the hyena maui hawaii on january third two thousand  fourteen also on the agenda is the a correspondence dated august eleventh two thousand and fifteen from the department corporation counsel requesting consideration of a revised proposed resolution entitled authorizing settlement of claim number two thousand and fourteen dash two thousand and twenty dash fifteen of geico on behalf of his insured lori mccarthy the right revised proposed resolution incorporates non sensitive revisions the committee may consider whether to recommend adoption of the revised that this may be a claim that we can handle in open session because it does not involve any bodily injury claim at this point it is purely a property damage matter basically what happens is on january third twenty fourteen at about one hundred seven in the morning mr mccarthy was driving on a highway across from hawaiian homes when she strikes a coconut tree that is owned by the county that's lying in the roadway is my understanding that the coconut tree was something that we were going to remove because we were aware that there was some damage to it however it fell before that happened i am requesting settlement authority in the amount of eight thousand six hundred eighty two dollars and one penny and the breakdown of that is the following there is a car rental charge of one hundred thirty one dollars and forty one cents the value of the vehicle is one thousand two hundred seventy five dollars and that includes a five hundred dollars deductible there's room meant for a ta and department of motor vehicle registration for three hundred ninety six dollars and forty cents and the towing of miss mccarthy's vehicle for ninety eight dollars and ninety six cents the total amount is one thousand nine hundred one dollars and seventy seven cents but this car was sold as salvage so the county would get a credit of one thousand two hundred nineteen dollars and seventy six cents which ends up with my settlement request amount of eight thousand six hundred eighty two dollars in a penny was across the highway it was already determined to for removal it was something that was going to be removed and what caused it to cross the road i don't know  i'm assuming that just whatever was in it gave but arborist is present i don't know if he has a more detailed explanation of what it just it fell before we had a chance to remove it this whole concern about the route there was any other traffic and only this individual could not avoid this tree according to the claim filed by the insurance company that two other vehicles were also damaged in this but i'm not aware of those claims specifically we had another situation i'm not sure if these are the same perhaps they are i know of at least one other and that resolved under the seventy five hundred dollar limit as well so that was resolved outside of this body you know why the tree was being planned for removal there was a disease in the tree that was noted by one of the contractors that does work for the county on a regular basis and they notif of it and we had scheduled removal for from notification to this incident that i don't know because i'm tired of paying claims on trees they should be removed from fire in advance of the actual situations sure i'm tired of paying is kind of unnecessary cleanings i would rather duck this from the department's budget members we do have a representative from the parks and recreation he partment i believe it's the arborists i had him scheduled as one of the resource persons he would like to come down on to the floor maybe some of the members would like to ask some questions if you could please state your name and your position for the record david sokoto county i recall trist members do you have any further questions for the department or corporation coun normally take for us to get it done i think this is the question i think that's burning in all of our our minds at this point in time well i'll speak for myself i'm sorry go ahead yes in this specific case the contractor was trimming the coconuts in the park and we do that on a continuous basis and they noted that there was a cavity in the tree and that they were not going to climb it but at that point in time they didn't have a bucket either the boom truck so i inspected the tree and there was a cavity and it was right adjacent to the guardrail and the highway and it didn't get trimmed but i don't know what the weather circumstances were but it gave way and failed the time span between when they were notified me of that defect and when the tree fell was a matter of weeks it wasn't a matter of months but it was and it was you know depending on the site and the circumstances you know we can we can take action immediately and get an emergency procurement purchase order and have it done within a matter of days but in this case there were other to the tree itself so the cat the county owns a coconut tree yes and they maintain again because because we were put on notice that it was they had cavity or it needed to be cut down then that basically puts us on the hook for it's not act of god it's not ok so we basically had the notice weeks before we're liable for this there is no contributory negligence that we can pass off to the driver in this case  other further questions members ok so at this time i will without objections give the recommendation recommend to authorize the settlement in the amount of eight thousand six hundred eighty two dollars and one cent like to myself your chair will entertain a motion to recommend filing i mean sorry recommending a motion to adopt the revised proposed resolution authorizing settlement of claim number two thousand and fourteen two thousand and twenty dash fifteen of geico on behalf of its insured lori mccarthy moved by m supportive of the motion before the committee i would see you know our experience we should consider a policy that once notify will expedite the removal yes and i'm going to ask staff to send down a letter to examine the notification process of when trees when the county's no i lease warner put on notice on trees and what is the effect of time period that they are to respond and we got stuck with cos for a paraplegic incident yes we don't need that in this county rather be safe than sorry and a little money upfront is better than a lot of money in the afterwards we got a lot of trees in this county especially and i that i'm hearing that county notice we've got to take care of it because i'm not going to tolerate residents getting hurt from our trees thank you and i'd say it's good that i'm also the chair for for the opening comments in reference to charging that department has that occurred i mean is that a practice that can be used or they might think i mean i hear this solution  something is deemed diseased or whatever get it done immediately as an emergency case but also starts to reoccurs or way to nip the particular decision you know the department that sort of responsible for acting on it and if they get more often i think they would really be paying attention then so was i don't i don't think we have a mechanism for for it we have a self insured retention fund that i think this body budgets for us every year and so one claims come in like this that are potential litigation they are paid out of that but just you know our risk management division also has funding for emergency type of repairs and so forth and we have used that in the past to address trees and so forth that needed to be removed on an emergency basis we're finding was either tight or just not available at the time through the department so we have done it for that as well ok very good thank you and real quick follow up in regards to and we start talking about trees there's incident lonia poco beach park we're fell onto a truck and as we know papaya has become hollow as they get older and they all topple over after their you know life span occurs so i mention to parks please do not plant those types of trees in parking lots where the  becomes a hazard just to the sheer nature of help a pie is the lifespan of a piet you know grows out so i think you know mr sokoto would probably know this too but i see it maybe they're just volunteers it happened it just popped up in these parking lots but i believe still has a couple of pi is so hopefully we can avoid that situation i had happen to be there surfing and saw the big tree crash in the whole front windshield of a truck doesn't mean that in the upcoming budget we can to structure the new ordinance to have those primary departments be financially responsible for certain actions that we can do by ordinance and it will be  council decision so it can be done very good nine eyes no nos motion carries thank you members moving on to the next gen item we have the litigation matters settlement authorization first insurance company of agenda the committee's in receipt of the following correspondence to june twenty second from the department of corporation counsel requesting consideration of the proposed resolution to authorize settlement of the claim two thousand and thirteen ten sixty four dash ten the claim the claim alleges damages to the brain of vehicle resulting from a collision involving the department of police fleet vehicle on april twenty third two thousand and thirteen correspondence dated august eleventh two thousand and fifteen from the department of corporation counsel requesting consideration of the proposed proposed resolution and not entitled authorizing settlement of claim number twenty eight thirteen ten sixty four ten of the first insurance company or adoption of the revised resolution with or without visions the committee also may consider other matters today we also have believe that will be presenting the case alongside her is our represent my police department so the floor is yours instead of thank you chief ramos is joining in the front here if you've got questions this too is purely property damage claim it involves absolutely no bodily injury claims so it should be something that we can deal with on the floor unless you have questions that go into employment issues that we're going to need to get into executive basically what happens on april twenty fifth two thousand and thirteen let me get yes at about five ten in the morning is a police officer who's driving a patrol vehicle is on connell avenue you fronting the y m c a but heading towards the police department and he temporarily falls asleep in collides into the paddy own vehicle the repair costs for that vehicle is thirteen thousand nine hundred eighty five dollars and six cents miss patty young had to pay five hundred dollars for her deductible and the car rental fees were a hundred ninety nine dollars and ninety nine cents which brings us to a grand total of fifteen thousand four hundred seventy dollars and five cents that i am requesting settlement authority for a to compensate  and if you have any opening statements for an afternoon mr chair council members victor almost my police department bureau chief of patrol and a lot of these m p s a motor vehicle crashes involve my personnel thank you members any questions was any disciplinary action begin with this particular officer and that will have to go on and thank you so that's exactly where you know i think that's would be my burning question it happens when you're on duty that's the question i would have for me but that's not good enough for our profession but you know yeah appreciate your comment i feel the same way our officers are trained to operate a motor vehicle as safely as possible in this particular case the officer was working first watch  for whatever reason he didn't pull over or advise his supervisor that he needed some time to rest that only falls within the responsibility of the officer from time to time we do see a lot of these accidents and trust me i'm as frustrated as you are because these cars cost a lot of money and and you folks have to make the decision whether or not to pay off items like this that cost tens of thousands of dollars but the training is that a excellent training program it's really the we have to instill in our officers too if you're feeling tired you've got to let somebody know pull over because you're no good if you get injured and i thank you for your candid comments chief because i know you are one of our dedicated officers in the department i've worked with you and i appreciate your candidness frank just refreshing and i thank you for that my point  is lucky nobody died because we could have had to be dealing with a fatality right now and paying a claim on a fatality an unnecessary situation in jemmy's is my point watches is our big night shift it starts at ten thirty at night and carries over into seven fifteen in the morning depending on the how busy they are they may continue until ten o'clock sometimes ok and what happened to our not sure if any of these questions fall into executive session but stay here in the time frame that the first watch occurs this accident happened at what time five in the morning five a m so a couple more hours till he ended his shift and so just wasn't sure if i can answer i mean was he doing back to back or was just he was just on his normal eight hour but was i guess sleepy i don't have information on that you know ok and all right i think the others would be executive session but yeah again thank god nobody died entertain a motion to adopt the revised proposed resolution entitled authorizing settlement of claim number one hundred thirteen dash ten sixty four dash ten of the first insurance company of third two thousand and fifteen from the department corporation counsel requesting consideration of the proposed resolution to authorize settlement of the claim twenty thirteen dash ten seventy nine ten of reginald yap for ten thousand and transmitting a copy of the claim the claim alleges property damage and injuries arising out of a motor vehicle accident on michael avenue or y e involving a department of police fleet vehicle on august fifteenth two thousand and thirteen also we have on the agenda is the correspondence dated august eleventh two thousand and fifteen from the department of cooperation council requesting consideration or of the revised proposed resolution and titled resolution with or without revisions the committee may also consider other related matters i believe this is also in this case you have the form asli thank you this is the matter i will have to ask for on because it involves a bodily injury claim and so to discuss those types of matters we are going to need to get into executive but basically what happens is on august fifteenth two thousand and thirteen eleven ten in the morning there are two police officers traveling in you and a vehicle two in front of them comes to a stop to take a left to quote place and when that vehicle comes to a stop the vehicle behind her slows down to stop the patrol vehicle behind her immediately stops and the last patrol vehicle in that line up the officer operating it is distracted for a moment looking for a pen rear ends the vehicle in front of him which causes a chain reaction collision so this is a four car accident mr gap did sustain bodily injuries and so we will need to discuss that in executive session but i am requesting settlement authority at ten thousand dollars to resolve that claim nothing ok members you have any questions i missed by saying thank you very much here i don't know if this is something that can be answered in open session but you know when there is something like this  are there any consequences to the office i can broadly answer that there is a disciplinary policy in place but i can't discuss specifics for any of the officers involved in this matter but there is progressive discipline based on their union contract in the policies within the department so they can adopt a series can be disciplined for these types of matters i'd like to  every case when there is a motor vehicle crash involving an officer a supervisor an additional commander has to determine who is at fault and if the motor vehicle crash can be avoided that's that is the officer should not have gotten into the accident then an investigation takes place and administrator investigation which is an internal affairs investigation basically all accidents that are deemed of voidable in other words the officer should have avoided this crash will be disciplined thank you very much that's a very straight answer thank you thank you any other questions in open session members cooperation council has requested us to convene executive session for this matter the chair will entertain a motion to convene an executive meeting for  next item for the on the agenda is cow one thirty this is litigation matter sentiment authorisation christopher carroll and do patrick carroll versus county of mao it all civil number c v thirteen six six l e k k s c the committee is in receipt of the following correspondence dated october sixteenth two thousand and thirteen from the department of corporation counsel requesting consideration of the proposed resolution untied authorizing settlement arrested and subject to subjected to excessive force at their residence and keep him away by the department of police on february eleventh two thousand and eleven the purpose of the proposed resolution is to authorize settlement the also we have a correspondence dated august sixth two thousand and fifteen from the department corporation counsel advising that the summary judgment has been granted in favor of the county and the individual defendants and judgment entered in their favor but he partment states that mr ross for a period of time and then because it was a taser case i took it we won that by motion outright on all counts and there is no appeal currently pending so this is not right when for us  a taser deployment which normally gets people into compliance however mr carroll refused to comply began struggling with them again and a second deployment was given to him and in that point he did end up complying with p while that was going on his son was interfering with the control of his father so both were arrested on the scene and taken into custody and later released neither of them were criminally prosecuted i don't know we normally get the whole gamut right when we use any force on on people very good members any questions i will the chair will entertain a motion to recommend filing of the take a brief recess so that we can set up the chambers for executive session will entertain a motion to recommend adoption of the proposed resolution entitled authorizing settlement and the whole why wildlife fund at all versus county of maui civil number twelve dash zero zero one nine eight and so and chairman i support the motion on the floor and i thank you and represents all of cooperation council for doing yeoman's work in ensuring the county's position as well as the best interests of worth thank you very much thank you any other further discussion seeing none all those in favor say aye right all the supposed say no and nine eyes no nos motion carries a members moving on to the next item executive session discussion as well as the recommendations of deputy corp counsel the chair will entertain a motion to recommend adoption of the revised proposed resolution entitled authorizing salamon of the claim number twenty thirteen dash ten seventy nine was again speaking support but i also would like to make requests in open session as part of the discussion in executive session the issue was brought up that i would ask for you to follow up is  our committee if you would request a department of police if they are able to respond to why the practice of required remedial training regarding driving for certain follow through with a formal letter to police department mr i mean this i said thank you i also if you would cheer i'd like that information that i asked the chief for also and can you