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County Council approves resolution of ‘a global settlement’ for fire litigation against county

Kamehameha III Elementary School is reduced to ash and ruins in this photo taken Aug. 10, 2023, two days after the windblown wildfire that decimated Lahaina.

The Maui News

KAHULUI–The Maui County Council met in their chambers in Wailuku for the second time this month, coming together on July 19 for just over two hours. Councilmembers Tasha Kama and Shane Sineci participated in the meeting via videoconferencing. The other seven members were present and in-person for the meeting.

Council vice-chair Yuki Lei Sugimura started the meeting by making a motion to adopt a ceremonial resolution in honor of the late Gladys Coelho Baisa who passed away on March 11, 2024. Baisa was first elected to the Maui County Council in 2006 and served 10 years as a councilmember. From 2013 to 2016, Boisa served as the chair of the council.

“I really believe that Gladys always knew how to welcome everyone with open arms into a new generation, a new community, and made it special for them and introduced and educated others through this festival (Somos Amigos),” Vice-chair Sugimura said of Baisa.

Sugimura added that Baisa groomed a lot of leaders with the actions she did for the community.

After the council honored the late Baisa with a ceremonial resolution, the council moved on to public testimony where two community members offered their testimony before the council.

“We believe the bills 87, 105, and 110 would be extremely helpful when it comes to providing temporary housing for those that have been displaced by the fires,” Jonathan Helton of the Grassroots Institute of Hawaii said in his public testimony. “Especially for (bills) 105, and 110. Those are designed to lower the barriers for rebuilding in the burn zone and could be very helpful for individuals who might of had non-comforming houses.”

Of the three bills Helton spoke to in his public testimony, the council passed Bill 87 during the course of the meeting.

“Under Bill 87, temporary structures that are permitted under a state or local emergency proclamation, must be permitted for three and a half years after which the owner may apply for an automatic permit extension for an additional one and a half years, so a total of five years,” councilmember Tom Cook said of Bill 87.

The bill will allow for residents who have temporary structures on their property to apply for an extension for any permits without showing cause.

Bill 110 was referred to the Water and Infrastructure Committee, and Bill 105 was referred to the Housing and Land Use Committee.

The council passed Resolution 24-128 which authorizes, “a global settlement of all wildfire litigation against the County of Maui, collectively, arising from the August 2023 wildfires on Maui Island.”

Councilmember Nohe Uu-Hodgins made a motion to adopt the resolution, and it was seconded by councilmember Cook.

The resolution states approximately 451 wildfire lawsuits involving a variety of claims resulting from the Lahaina and Upcountry fires have been filed in the United States District Court and the Hawai’i State Circuit courts as of July 8, 2024 (“Wildfire Litigation”) by affected parties (“Plaintiffs”).

After adopting Resolution 24-128, the council “approves a global settlement of all Wildfire Litigation filed against the County of Maui as of July 8, 2024, including crossclaims, counterclaims, and cases yet to be filed prior to the expiration of the statute of limitations; it authorizes the Mayor to execute a global Release and Settlement Agreement on behalf of the County in the Wildfire Litigation, under terms and conditions as may be imposed by the Corporation Counsel consistent with the Council’s settlement approval; it authorizes the Director of Finance of the County of Maui to satisfy settlement of the Wildfire Litigation, under terms and conditions as may be imposed by the Corporation Counsel consistent with the Council’s settlement approval; and the Corporation Counsel will submit semi-annual reports to the council identifying any future cases, beyond the cases listed.”

“I’m no lawyer, but I guess my greatest hope in voting for this item is that it brings closure and comfort to the victims of the fire,” Tamara Paltin said of council adopting Resolution 24-128.

The hope is that it will bring financial closure to some more people, but looking forward to the one year celebration when truly a time of mourning, grieving, healing, and celebration all take place at one time, and we can truly become a healed community again,” councilmember Tasha Kama said.

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