COMMITTEE OF THE WHOLE Cnl f th Cnt f M MINUTES vbr 8, 200 Cnl Chbr, 8th lr COEE: 9:03 a.m. ESE: Councilmember Michael J. Molina, Chair Councilmember Danny A. Mateo, Vice-Chair (Ot 2:8 p.. Councilmember Gladys C. Baisa, Member Councilmember Jo Anne Johnson, Member (In :0 .. Councilmember Sol P. Kaho' ohalahala, Member (In :20 .. Councilmember Bill Kauakea Medeiros, Member Councilmember Wayne K. Nishiki, Member Councilmember Joseph Pontanilla, Member (Ot :00 p.. Councilmember Michael P. Victorino, Member (Ot 2:00 p.. SA: Carla Nakata, Legislative Analyst Camille Sakamoto, Committee Secretary AMI.: Moana M. Lutey, Deputy Corporation Counsel, Department of the Corporation Counsel (It . (6, (2, (6, nd (8 Ryan Anderson-Teshima, Deputy Corporation Counsel, Department of the Corporation Counsel (It . (6 nd (8 Floyd Miyazono, Chief of Recreation, Department of Parks and Recreation (It . (6 nd (8 Lauren Farmer, Safety Specialist, Deputy Director, Department of Water Supply (It . (6 Deidre M. Tegarden, Coordinator, Office of Economic Development, Office of the Mayor (It . Traci Fujita Villarosa, First Deputy Corporation Counsel, Department of the Corporation Counsel (It . nd 24 Brian T. Moto, Corporation Counsel, Department of the Corporation Counsel (It . (6 nd (8 OES: Danny Agsalog (It . B. Martin Luna (It . Melen Agcolicol (It . Orlina Cala (It . Henry Noa, Prime Minister, Reinstated Kingdom of Hawaii (It . 24 Russell Kahookele (It . 24 Peter Sinenci (It . 24 James D. Kimmel (It . 24 Alex Luka (It . 24 Kilinahe Noa (It . 24 COMMIEE O E WOE MIUES Cnl f th Cnt f M vbr 8, 200 Glenn Au (It . 24 Nelson Armitage, Minister of Foreign Affairs, Reinstated Kingdom of Hawaii (It . 24 Johanna Kamaunu (It . 24 Kaniloa Kamaunu (It . 24 Mahealani Ventura-Oliver (It . 24 Nathan 0. Foster (It . 24 Twenty-five (25) additional unidentified attendees PRESS: Akaku: Maui Community Television, Inc. CHAIR MOLINA: . .(gavel). The Committee of the Whole meeting for Thursday, November 18th, 2010 is now in session. Members, good morning. COUNCILMEMBER : . .(laughter). CHAIR MOLINA: Let's get settled, please. COUNCILMEMBER : . .(laughter). CHAIR MOLINA: It is two minutes after the hour of 9 o'clock. For the record, we have in attendance Committee Vice-Chair Mateo; Committee Members Baisa, Medeiros, Nishiki, Pontanilla, Victorino. Excused are Members Johnson and Kaho`ohalahala. From the Committee Staff we have now working with us, we have Carla Nakata, and we have Committee Secretary Camille Sakamoto. Members, I trust you have read your binders and looked at all your agenda items. We do have a very big agenda today. I would advise you to consult with your office staff about the possibility of a recess, coming back this afternoon, depending on how long discussion takes--either this afternoon or tomorrow afternoon after the Council meeting. As far as your Chair, I am not available next week, so in the event that we have to look at a recess, I would ask you to look at your schedules. .maybe this afternoon, after Member Johnson's meeting or tomorrow afternoon. So hopefully, depending on how things go, we can maybe wrap things up by 12:00 or 12:30. So just giving you a heads-up on things. Members, I'm going to...before we take public testimony on our...I guess we've got one, two, three, four, five, six items today. We do have a couple of litigation matters brought to my attention that these cases have been dismissed. I believe there...it should go rather routinely. At this point, we have no testimony for Committee of the Whole Items 1(6) and 1(23). Members, if you'd have no objections, the Chair would like to proceed addressing those first two items, then we will go into public testimony for our other agenda items. Any objections? COUNCILMEMBER VICTORINO: No objections, Chair. COUNCILMEMBER BAISA: No. COMMIEE O E WOE MIUES Cnl f th Cnt f M vbr 8, 200 COUNCIL MEMBERS: No objections. CHAIR MOLINA: Okay. So be it. ITEM NO. 1(6): LITIGATION MATTERS (INDEMNIFICATION AUTHORIZATION: BRIAN MURPHY V. THE STATE OF HAWAII, ET AL.; CII O. 080622( (C.C. 04 CHAIR MOLINA: Okay. Members, the first item we have is Committee of the Whole 1(6), Litigation Matters, Brian Murphy versus the State Of Hawaii, et al. A correspondence dated May 5th, 2009, from the Corporation Counsel's office, requesting consideration of a proposed resolution entitled: Indemnifying Thomas M. Phillips in the Brian Murphy versus the State of Hawaii, et al., Civil No. 08-1-06221. And basically this is a transmittal of a copy of the complaint. The complaint alleges that the plaintiff, Brian Murphy, has suffered injuries as a result of actions taken by the Department of Police and Chief of Police, former Chief of Police, Thomas M. Phillips. The purpose of the proposed resolution is to indemnify Chief of Police Phillips in the case. And we have from the Corporation Counsel's office, we have Ms. Lutey to give us an overview of this matter. MS. LUTEY: Thank you. This case was dismissed by the court on July 17 th, 2009. Our indemnification, therefore, is now rendered moot, so we do not need to take action on this matter. CHAIR MOLINA: Okay. Members, any. .questions on the matter? If not, the Chair is ready to offer a recommendation, and that will be to file the matter. Chair will entertain-- COUNCILMEMBER BAISA: . (inaudible).. CHAIR MOLINA: --a motion to file. VICE-CHAIR MATEO: Mr. Chairman, I move to file the matter. COUNCILMEMBER BAISA: Mr. Chair, I second the motion. CHAIR MOLINA: Okay. The motion to file has been made by Committee Vice-Chair Mateo and seconded by Committee Member Baisa. Any discussion? . Seeing none, the Chair will call for the vote to file. All those in favor, signify by saying "aye". COUNCIL MEMBERS: Aye. COMMITTEE OF THE WHOLE MINUTES Cnl f th Cnt f M November 18, 2010 CHAIR MOLINA: All those opposed? Thank you. Chair will mark it seven "ayes"; two "excusals", Members Johnson and Kaho`ohalahala. OE: AYES: Chr Mln, Chr Mt, nd Cnlbr , Mdr, h, ntnll, nd trn. OES: n. ASAI: n. ASE: n. EC.: Cnlbr hnn nd Kh`hlhl. MOIO CAIE. ACIO: ndn IIG f rrpndn. CHAIR MOLINA: Thank you very much, Members. IEM O. (2: IIGAIO MAES (INDEMNIFICATION AUTHORIZATION: ELMER STEPHEN WEREB, ET AL. V. COUNTY OF MAUI, ET AL.; CIVIL NO. CV09-00198 JMS LEK) (C.C. 04 CHAIR MOLINA: Moving on to our next item. .this is the Elmer Stephen Wereb, et al., case versus County of Maui matter. A correspondence dated August 4 th, 2010 from the Corporation Counsel's office requesting consideration of a proposed resolution entitled: Indemnifying Randall Burgess, Kamuela Mawae, and Donna Gomes in the Elmer Stephen Wereb, et al. versus County of Maui matter. And, again, I will turn this matter over to Ms. Lutey. And the complaint alleges the wrongful death of Dennis Wereb at the Lahaina Police Station on September 28m, 2008. Ms. Lutey? MS. LUTEY: Thank you, Chairman. In this case, I had come before the Council to ask for indemnification of the three remaining individuals who were not dismissed from this case. There were ten originally named, we got seven dismissed. And since the last time we've met, I was able to convince plaintiff to dismiss the remaining three. So this, likewise, has become moot and we do not need to take any action. There are no individuals remaining in this case. CHAIR MOLINA: Okay. Thank you, Mr. Lutey. Members, any questions for Ms. Lutey? Seeing none, the Chair will offer a recommendation, and that is to file. VICE-CHAIR MATEO: Mr. Chairman, I move to file the matter. COUNCILMEMBER BAISA: Mr. Chair, I second the motion. COMMIEE O E WOE MIUES Cnl f th Cnt f M vbr 8, 200 CHAIR MOLINA: Okay. The motion to file the proposed resolution has been made by Committee Vice-Chair Mateo and seconded by Committee Member Baisa. Any discussion? . Seeing none, all those in favor signify by saying "aye". COUNCILMEMBER BAISA: Aye. CHAIR MOLINA: All those opposed? . Thank you. The Chair will mark it seven "ayes"; two "excusals", Members Johnson and Kaho' ohalahala. OE: AYES: Chr Mln, Chr Mt, nd Cnlbr , Mdr, h, ntnll, nd trn. OES: n. ASAI: n. ASE: n. EC.: Cnlbr hnn nd Kh`hlhl. MOIO CAIE. ACIO: ndn IIG f rrpndn. CHAIR MOLINA: Thank you very much, Members. All right, Members, we will now go into public testimony. At this point, we have one person signed up, and the individual that has signed up, his name is Danny Agsalog and he will be testifying on Committee of the Whole Item 33. Mr. Agsalog, if you'd like to take the stand, please? And just as an FYI for anyone who would like to testify, you have three minutes to testify with one minute to conclude, and please state your full name and any organization that you may be representing. And by all means, please turn off all cell phones and other noise-making devices so as not to disrupt our proceedings today. Mr. Agsalog? . .BEGIN PUBLIC TESTIMONY . MR. AGSALOG: Honorable Chair Molina for the Committee of the Whole and Honorable Members of the Committee, good morning. COUNCILMEMBER BAISA: Good morning. COMMIEE O E WOE MIUES Cnl f th Cnt f M vbr 8, 200 MR. AGSALOG: My name is Danny Agsalog and I'm here testifying on the COW-33. And I really appreciate this opportunity to express my support for this particular item in your agenda--establishing a sister-city relationship with the Municipality of Badoc, Ilocos Norte in the Philippines. Mr.