COUNCIL OF THE COUNTY OF MAUI COMMITTEE OF THE WHOLE January 22, 2016 Committee Report No. Honorable Chair and Members of the County Council County of Maui Wailuku, Maui, Hawaii Chair and Members: Your Committee of the Whole, having met on November 6, 2015, and January 12, 2016, makes reference to County Communication 15-6, from Councilmember Mike White, relating to litigation matters. By correspondence dated October 23, 2015, the Department of the Corporation Counsel requested consideration of the possible settlement of Claim 30153984350-0001 of Farmers Insurance Hawaii, Inc., on behalf of its insured, Veronica Gray. Attached to the request is a proposed resolution, entitled "AUTHORIZING SETTLEMENT OF CLAIM NO. 30153984350-0001 OF FARMERS INSURANCE HAWAII, INC., ON BEHALF OF ITS INSURED, VERONICA GRAY," and a copy of the claim. The purpose of the proposed resolution is to authorize settlement of the claim for 11,319.14. Your Committee notes the claim alleges damages to Veronica Gray's vehicle resulting from a collision with an unsecured park gate at Kanaha Beach Park on April 19, 2015. Your Committee further notes Section 3.16.020(B), Maui County Code, requires Council authorization for any settlement in excess of $7,500. By correspondence dated January 5, 2016, the Department informed your Committee the claim had been settled within the amount authorized by Section 3.16.020(B), Maui County Code, and your Committee may, therefore, file the correspondence. Your Committee requested information about the specifics of the settlement and the parties' positions concerning liability. A Deputy Corporation Counsel noted a need to discuss aspects of the negotiations COUNCIL OF THE COUNTY OF MAUI COM IT TEE F THE LE Committee Page 2 Report No. in an executive meeting and requested the opportunity to convene an executive meeting to respond to your Committee's questions. Your Committee voted to convene an executive meeting, closed to the public, to consult with legal counsel on questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee, pursuant to Section 92-5(a)(4), Hawaii Revised Statutes. Following the executive meeting, your Committee reconvened in regular session. Your Committee voted 6-0 to recommend filing of the communication transmitting the proposed resolution to authorize the settlement of the case. Committee Chair Guzman and members Baisa, Cochran, Couch, Hokama, and White voted "aye." Committee Vice-Chair Crivello and members Carroll and Victorino were excused. Your Committee of the Whole RECOMMENDS that the correspondence dated October 23, 2015, from the Department of the Corporation Counsel, attached hereto, be FILED. COUNCIL OF THE COUNTY OF MAUI CO .Pk, ITTEE OF Y T JH Committee Page 3 Report No. This report is submitted in accordance with Rule 8 of the Rules of the Council. DON S. GUZMAN, Chair cow:cr:16001(27)aa:cmn ALAN M. ARAKAWA PATRICK K. WONG Mayor Corporation Counsel EDWARD S. KUSHI First Deputy LYDIA A. TODA Risk Management Officer Tel. No. (808) 270-7535 DEPARTMENT OF THE CORPORATION COUNSEL Fax No. (808) 270-1761 COUNTY OF MAUI 200 SOUTH HIGH STREET, 3RD FLOOR WAILUKU, MAUI, HAWAII 96793 EMAIL: [email protected] 3z] TELEPHONE: (808) 270-7740 m FACSIMILE: (808) 270-7152 0 rn October 23, 2015 0 MEMO TO: Donald S. Guzman, Chair Committee of the Whole F R 0 M: Moana M. Lutey, Deputy Corporation Counsel SUBJECT: Litigation Matters (COW-1) Settlement of Claim - Farmers Insurance Hawaii, Inc. on Behalf of Its Insured, Veronica Gray Pursuant to Section 3.16.020B of the Maui County Code, our department hereby requests authorization to discuss settlement of the aforementioned claim. It is anticipated that an executive session may be necessary to discuss questions and issues pertaining to the powers, duties, privileges, immunities, and liabilities of the County, the Council, and the Committee. There is no immediate deadline to this matter. Copies of the claim and proposed resolution are enclosed. We request that a representative from the Department of Parks & Recreation be in attendance during discussion of this matter. If you have any questions, or concerns, please do not hesitate to contact me. MML:cs Enclosures cc: Ka'ala Buenconsejo Resolution No. AUTHORIZING SETTLEMENT OF CLAIM NO. 30153984350-0001 OF FARMERS INSURANCE HAWAII, INC., ON BEHALF OF ITS INSURED, VERONICA GRAY WHEREAS, Farmers Insurance Hawaii, Inc., filed Claim No. 30153984350-0001 on May 13, 2015, against the County of Maui for damages to Veronica Gray's vehicle resulting from a collision with an unsecured park gate at Kanaha Beach Park on April 19, 2015; and WHEREAS, Veronica Gray is insured for such damage by Farmers Insurance Hawaii, Inc.; and WHEREAS, Farmers Insurance Hawaii, Inc., as subrogee of this claim, has alleged that the County of Maui is liable for the expenses paid by Farmers Insurance Hawaii, Inc.; and WHEREAS, the County of Maui and Farmers Insurance Hawaii, Inc., to avoid incurring expenses and the uncertainty of a judicial determination of the parties' respective rights and liabilities, have reached a proposed resolution of this claim by way of a negotiated settlement; and WHEREAS, having reviewed the facts and circumstances regarding this matter and being advised of attempts to reach resolution of this claim by way of a negotiated settlement by the Department of the Corporation Counsel, the Council wishes to authorize settlement; now, therefore, BE IT RESOLVED by the Council of the County of Maui: Resolution No. 1. That it hereby approves settlement of Claim No. 30153984350- 0001 in the amount of $11,319.14; and 2. That payment is authorized to satisfy settlement of this claim following the execution of the "Release of Claim" by Farmers Insurance Hawaii, Inc.; and 3. That certified copies of this Resolution be transmitted to the Mayor, the Director of Finance, the Director of the Department of Parks and Recreation, and the Corporation Counsel. APPROVED AS TO FORM AND LEGALITY: OANA TEY puty oration Counsel C ∎ unty of M ui RISK - 2015-0250 DANNY A. MATEO JOSIAH K. NISHITA County Clerk Deputy Courtly Clerk OFFICE OF THE COUNTY CLERK COUNTY OF MAUI 200 SOUTH HIGH STREET WAILUKU, MAUI, HAWAII 96793 w ww.mauicourrty_gov/con n ty/clerk May 18, 2015 Sedgwick Claims Management Services, Inc. Via email: 6395CountycfMaulAsedgwickcrns.com Attn: Unit Code 99 Respectfully transmitted is a copy of a claim against the County of Maui filed by Domenick Lero, from 21st Century Insurance, which was received by our office on May 13, 2015, Respectfully, JOSIAH K. NISHITA Deputy County Clerk Attachment cc: Mayor Corporation Counsel Council Chair /lks /9,1 P>ni 519sa one101 60201.5059000264.1 COUNTY OF MAUI RECEIVED MI5 MAY CLAIM FOR DAMAGE OR INJURY 13 pm 5: 09 PLEASE PRINT CLEARLY qrFite aff THE —1 Ms, E Farmers Ins Hawaii Inc aso -43k 1. 1 . Claimant: Mr, C Mrs. Ilk K 2. Address: P 0 BOX 268994 Oklahoma City, OK 73126 Claim # 3003180930-1 3. Telephone No.: Business 909-801'3370 Residence Ilia 4. Date of Accident 04/19/2015 @ 15:04 pm 5. Location of Accident: Alahao St, Kahului, HI 96732 @ Kanaha Beach Park 6. Amount of Claim: Property Damage $ 10,761.65 Personal Injury S 10,761-66 7. Describe the accident in detail. Indicate all the facts, causes, persons involved, witnesses, extent of damage, etc., and why you think the County is responsible. You may write on the back if needed. Our insured was exiting the parking lot at Kanaha Beach Park, a yellow metal gate (OW-1) swung open striking the front of our insured's vehicle. 8. If you carry insurance applicable to this claim, please provide the name and address of the insurance company and your policy number. Farmers Insurance Hawaii Inc Claim # 303180930-1 Policy No. A. Did you file a claim with your insurance company? If yes, amount claimed $ 10,761.65 Deductible amount $ 10,761.65 B. If a claim was filed with your insurance company, what action do they intend to take? Pursue subrogation for damages paid for I HEREBY DECLARE THAT THE FOREGOING STATEMENTS ARE TRUE AND CORRECT. 05/07/2015 (Signature of Claimant) (Date) fek.- (Rev. 05/11/95) (friZi /P7 6W-4- PVC 5/20/2015 301539843500001 5o2017nnn9ral Incident/Investigation Report Agency luIPD Case Nemiser, 15-016199 Dale: 4/29/2015 10:32:06 Incident Information DattiTioas Reports's! Dote/Time Found Dater-Mut Pound - Offices- 0,1i19t20t5 15:04 04I912015 15:04 04/19/3015 15:04 (13968) TAUA, WILLIAM-CHARLES 14 Incident Loudon Mahan St, Kahului, HI 96732 Location Gam ow: ; @KANATIA BEACH PARR Charges . ... Description Statute VCR 0 Att 1 MuWAT" 'MOTOR VEHICLE ACCIDENT-MINOR <53K NO INJURY talVA,MINOR 999 rZI Corn Aisolue, Drugs sr Cconputtra Used Lansaw! nTi Prvnises Enteout Forted Entry Weaptras 0 AkAs,1 0 Drugs 0 Compu PARKING LOOGA.RAGE 0 I'm 0 No I. Entry Esti 'Grunion, Activity 2. 1 Bias :sloticallas [Diu Taxgel 'Dias Cirtotattances Duct Group • VietiniS - Seq.it Type Iniusies Resldsacy Suites Ethreiciti 1 INDIVIDUAL No kesideat Non-Hispania Nautu(l...A. First, M) Kee Sex DOB Age GRAY, VERONICA CAROL W F 0110..1 Add... llama MOM: On) Employes Bust:Adams Occupation lettairken Mae HAIKU ELEMENTARY SCHOOL Via Int.:NCI PAL (608) 575-3000 %lents of Crimes Drevree Lisease SS. Cellular oe I Rrpare..aifex Pealed at: 4!2912015 1632 Page I 43 This report was papered. t gned. reviewed, submitted, and fled elecfrourenuy vie secure networkinecoord with Maui Pace Department palsy, 5/20/2015 301539843500001 6020150520002643 Incident/Investigation Report Agency: ivlPD Case Number: 15016/99 Dme: 4/29/2015 10:32;06 Other Persons Involved Name Coda Srai. 0 Nan{ (Last, First, hit) Eats Sex DOD Owner 1 COUNTY OF MAUI .