HomeMy WebLinkAboutCOM 0044.073 2020-2022 P
COMMA4
From: Stephen Bell
Sent: Tuesday, January 12, 2021 12:04 PM
To: Council Testimony
Subject: Zendo Kern ethics
Attachments: Z. Kern ethics 1.pdf
Aloha Hawaii County Council Members:
Attached please find my letter and related documents sent to the Board of Ethics today regarding Zendo Kern.
Stephen Bell
1
Comm.
Ref.To® ��
1 Ref. pate JAN I J 2021
January 12, 2021
Re: Zendo Kern
To the Hawaii County Board of Ethics:
i strongly believe that Zendo Kern is is not suitable to be Planning Director because
of his business conflicts of interest and what I believe to be ethical concerns, As I
read in the newspaper, Mr. Kern's supporters have likened his being a planning
consultant to being a lawyer or in another profession that represents clients. I do not
agree with that analogy. As a retired physician, I know all about the ethical standards
that are required in professions such as medicine and law. I do not think that you can
equate Mr. Kern's occupation as a self-designated "Planning Consultant" with an
attorney (or a doctor for that matter) who is bound by very high standards of ethical
behavior and subject to intense scrutiny by professional organizations and regulatory
agencies.
Nonetheless, for the sake of argument, let us focus on the attorney-client analogy for
a moment, especially insofar as this analogy might relate to Mr. Kern. Mr. Kern
represents ten clients in Kohala Ranch, where I live. These clients have been illegally
operating Short Term Vacation Rentals in Agricultural-zoned Kohala Ranch, despite
repeated objections by neighbors during recent years. The frequently obnoxious
"guests"that these rentals have attracted have repeatedly disturbed the ability of the
neighbors such as myself to enjoy our own properties in peace and quiet. The
off-island owners of these STVR properties do not even reside here. Their properties
are essentially money-generating business enterprises. These owners have often
been unresponsive to the complaints of the neighbors. When Bill 108 was passed
and enacted into law (much to our relief), these STVR owners hired Mr. Kern to
represent them so that they could continue to operate their troublesome business
operations. Virtually all of them continued to operate their STVRs, in violation of the
law. Did Mr. Kern advise them to continue doing so? Another question that requires
an answer: Did Mr. Kern's clients seeks out Mr. Kern or did Mr. Kern actively solicit
these clients, possibly through the intermediation of realtors or other interested
parties? In other words, to use the attorney-client analogy, IS HE AN AMBULANCE
CHASER? I am very concerned that if Mr. Dern were to be confirmed as Planning
Director, his clients will feel emboldened to resume and/or continue their illegal
operations since they would then not have to fear that Bill 108 would be enforced.
Before I purchased my land in 2005 and subsequently built my retirement home, I
researched Hawaii State law because I wanted to retire in a quiet, rural community
and did not want to live in resort area. 1, as a legal layperson, interpreted Hawaii
Revised Statutes 205 to show very clearly that STVRs are not a permitted use in the
Ag-zoned district which includes Kohala Ranch. In fact, when I built my home in 2009,
STVRs W&6 not as big a problem here. The severity of this problem has risen within
i
the last 3-5 years. Thus, STVRs have never been legal in Kohala Ranch. Mr. Kern, as
a "planning consultant" would have had to have know this, Did he inform his clients I
about FIRS 205 and tell them that they were on thin ice by operating in the
Agricultural district or did he take their money and conveniently omit that fact? If the
latter was the case, then that would be legal malpractice, if we are to use the
attorney-client metaphor.
In his notifications to the neighbors to inform us that he was applying for DUGS for
his clients and subsequently to inform us that he was appealing the NUC denials, his
form letters stated in bold-faced type and additionally highlighted in yellow that This
is only a -notification to you as a surrounding property owner and does not
require a response (see enclosures). In my opinion, that was unnecessary, and at
least mildly manipulative. People ought to be able to decide for themselves whether
or not they wish to respond to the Planning Department and not be coaxed into not
responding. Furthermore, lir. Kern's initial letter was dated September 20, 2019 and
informed us that he was submitting his clients' NUC Applications to the Planning
Department on September 23, 2019. 1 did not receive his letter in my mailbox until
September 24, 2019. Surely he knew far in advance of September 20, 2019 that he
was going to be sending out those letters. Why did he wait until the last minute to
mail those letters? To those of us who had an idea of what was going on, it did not
give us much time to react. Many affected homeowners probably threw the letters
out because it read like a government form letter and they saw that Sia response was
not required."That seems somewhat sneaky to me.
On October 3, 2019 our Kohala Ranch Community Association held a scheduled
Board of Directors Meeting. Such meetings are closed to the public and only owners
are allowed to attend. The main topic of discussion at that meeting was Short Term
Vacation Rentals. Several homeowners provided verbal testimony against STVRs in
Kohala Ranch. Not a single person spoke in favor of STVRs. The discussions were
supposed to be private and open to homeowners only. After the meeting adjourned,
the sign-in attendance sheet was collected and it was discovered that an individual
identifying himself as "tendo Kern lot 284" had signed in (see enclosure). Those
meeting Minutes, including the attendance sheet, were signed off on by the Board of
Directors and distributee)to the Community Association. Shortly thereafter, I googled
Mr_ Kern's website to see what he looked like. I confirmed that Mr. Kern (or someone
who bears a striking resemblance to hint) was indeed in attendance at that meeting
and sat in front of me. That person carne into the room around the same time I did. I
commented on this contemporaneously at the time to several other individuals. If this
was indeed Mr. Dern (as the evidence seems to highly suggest), then I think we have
a big ethical problem here. Furthermore, this would have been around the same time
that the above-referenced STAR owners had either already engaged, or were in the
process of engaging (presumably with the assistance of Mr. Kern) a high profile land
use attorney in Honolulu to represent therm. That attorney ultimately represented
those plaintiffs in the recent LUC hearings last year(which I testified at) and in which
the LU C ultimately and by unanimous decision confirmed that STVRs are not a
permitted use in the Agricultural district, per HRS 205, Hence, I would like to know if
the information that Mr. Kern possibly obtained through the private internal
deliberations of others may have been used to to the potential disadvantage of
homeowners and private citizens such as myself.
In summary, I think that there are simply too many concerns and too much
controversy swirling around Mr. Kern to allow him to be a suitable candidate for such
an :Important position as Planning Director. I think that Mr. Kern's conflicts of interest,
ethics and judgment show that he is not qualified to occupy this very important
position.
Thank you for you attention to this matter.
Sincerely,
Stephen Bell, M.D.
1
i
i
NONCONFOR1,14ING USE CERTIFICATE (NUC) APPLICATION:
FIRST NOTIFICATION T SI.JRRO `-DIN g PROPERTY ON `F S/I. ESSk;E'
IodaN,sDate° ptermber20th . 2019
Dt'WSrlrracinding Property Owner.
In ar:cordance with f laxvai`i County regulations.we are sending this notification Intel-tO yor_1 beCI ISO.VOW-I)r0per-ty is wlFithin
three htmdred (300) feet of�a proposed SI-tort-TermVacationkental (`�T'VR). Under 1'l,rniling Dgxi ment rel trlations. an
applicant who wishes to apply fi,r a Nonconforming Use Certificate(NUC)to operate a S l"VK rllust notify flr(Perty O ner:
"jnd los eyes � ithin three htirlcfrt d (.00) reet ofany point ajono tilt perinjwter° bi,crndar\ of the proem—tV UP011 which a NUC
i sticiaht.
11
This is tzzrly a notification to you as a suvt-oundin g )r2 qerty ow nei-anti does not require ares 1222 L
t.Jnder Plannhq Department `RJid:linel, irppliCJn.Cj IlluSt distribute this FIRS] Notification },�[te.t'ttl t1rl"ti1I1T1i71n` }71`C117�CIr,'
ck�.Vn' 13E;1-OR
s and lessees BEFORE-a NUC Application i", "cihnlitted to tile Deplrtinent. ' e *ill �Arh:nit of NMC Application for
the stlE-ject property to the Planning Department cin �._._.._��ter�lb�r 23rd 1-019 kit the Department'
__.
loc, ll,
set ti I1iio of Kona)
STVR INFORMATION
,.\pplicant(s) Name: Zendo Kern Plan nin gonsult nt LLC -Agent for, Neil G. and Zheng Y.Almstead
Proposed S I"VR Street Addr eSs: ............. 59-340 Olomana Rctad. Ka uela, H1 ai674
I M K: (3) 5-9-012: 933
1�Number of bedrooms being retired: 5 Maximum nuit b r of guests permitted: 12
Mamber"and location of oCf-street parking spaces: 5; 3 in garage and 2 in driveway
Should ecru wish to offer comments On this alp licatiOn, you rna).. SUbMit your Written cornzneltts tri the Planning
Department's Hilo or Kona. office. or by email, Please include the applicant's name in the szrhpc:c.t ling cr8 yrrur
correspondence. That flK you
All applications are ptilllic Information trnC e tiL11 matted and niay he viewed at the Planning Department (
I) l Y I January 10, 2020
'11): Surrounding Property Owners
F RO A ZendoKern I'L1011ilIg C011SUItarit LLC
R,I N(Aice of Hearing for an Appeal ofDecisfon.by Phn&ng Director Regarding the Denial
Issued for a Shoinitmi Vacatioii Rental Registration and Nonconforming Use C`.erfificate
(B(1,- 19-000229)
Appclla.nt: Ps; films 133 L.LC
Kamucla., SOL101 K.(>hala, Hawaii, ]WIK.: (3) 5-9-012: 038
Ais notice is being sent in accordance with the Chnnsy Code section 25-2-4(a)(2) v0,iich requires the
appellant to notill A pnTcay owners Athin 500 feet of the subject property ol'the date that: tile subject
appad mill be heard by the Board of Arypeals.
'11 his is only a notification to you as a sumundEng property owner and does not require a respons"'.
Picas,2 be informed that the County of Hawaii Board ofAppods owkno"Iedged rec6pt of the above
rKrenced Poidon Or Appeal Died on November 25. 2019. '(lie appeal is in regard to a dccision 1)y dic
Plannifll:" Director to deriv a shc-irt-term vacation rental registrwimi and nonconformitig use cemit'iewc.
IN appeal seeks the reversal of that deAW. 110 subject PrOJ)Orty is located, at 59-326 Pualele place,
KMI'MCIa, 114.
Ile pai6ort is scheduled Or the Board's heariag on Friday, Februmy It :1020 at 10:00ma (thne to be
comAnad oil the posted agenda) in the %st Hawaii Civic C.enter. Conln-Wnity Center. Building G. 74-
50A Ane hlohol<alolc I lighway, Kailua-Kona. 1laji.
1 he poitAl is mailable for review at be Chwity Planning EwpxMient, 101 Pauahi Street. 111
96720 or at its Kona Me in the Kona Civic Center located 740044 Ane Keohokalole Hig
gh way. K a i I t,l:i-
Koria, III 9674T
Slumid you have any questions on this mater, please Icel free to contact this office at 333-33931 or tile
Ommty 19mirling Mpm-nnent at 961-8288. Thank you very niuch.
Enclosures
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KOHALA RANCH COMMUNITY ASSOCIATION
OWNER SIMV-IN
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ame
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Kohala Ranch Community Association
� - Board of Directors' Regular Meeting
� ' October-3, 2019 � �e }