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Committee approves settlement of Hawaiian Telcom claim over downed utility pole in Hana
Summary
The committee voted to recommend settlement of a property-damage claim by Hawaiian Telcom for $111,127.45 stemming from a December 14, 2021, incident on Hana Highway; the committee also instructed staff that written testimony remains accepted.
The Government Relations, Ethics and Transparency Committee voted to recommend settlement authority for Resolution 25-13, approving payment to Hawaiian Telcom for damage to utility infrastructure caused by a county vehicle on Dec. 14, 2021.
The committee approved the settlement amount of $111,127.45 by voice vote after discussion; the main motion and an amendment to include the exact cents were carried by the committee. The motion to recommend adoption was made by Member Sugimura and seconded by Member Comma; the tally recorded in the meeting was 9 ayes, 0 nos.
The nut graf: The settlement resolves a claim that a County of Maui truck pulling a trailer with a backhoe snagged overhead utility lines near Mile Post 48 on Hana Highway, yanking lines down and causing a telephone pole to fall. Hawaiian Telcom performed emergency repairs and invoiced the county for those repairs.
Deputy Corporation Counsel Glenn Pascual summarized the incident to the committee. Pascual said the county employee operating the vehicle was Abraham Park and that the incident occurred “on Hana Highway about 0.4 miles south of Mile Post 48.” He told the committee the invoice for repair work totaled $111,127.45 and that the county could pursue executive session if members wanted additional legal detail.
Committee discussion addressed whether the complaint’s rounded amount (the complaint listed $111,127) mattered; Pascual said he obtained the invoice showing the 45¢ and that he would not recommend taking the case to trial over the cents. Members also discussed broader concerns about utility pole attachments and line conditions in other districts; the deputy corporation counsel said those broader issues were not necessarily addressed by this lawsuit but that he would follow up with attorneys and public works staff as appropriate.
The committee amended the resolution to include the exact settlement amount and voted to recommend adoption to the full council. The resolution will advance to the council with the committee’s favorable recommendation.
Ending: Written testimony will continue to be accepted by council staff on this item.
