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HomeMy WebLinkAboutCOM 0044.129 2020-2022 F i i c i Zendo Kern Box 1381 Kea`au, Hl9674 Email: zendokern8O8@gmaii.com 17) February 2, 2021 LLQ; TO- Maile David, Council Chair and Members of the a ai°i County Council en o Kern, Planning Directorint SUBJECT: C unica i n No.44—Supplemental Information The purpose of this transmittal is to provide supplemental information for consideration on my appointment to the position of Planning [director. Thank you! Attachment Comm. No qq: Ref. To: P"FEIB Ref. Dote 3 2021 ZENDO KERN Supplemental Information Aloha Councilmembers, During the course of my confirmation process various questions and concerns have been raised in a few key areas. Please allow this memo to further explain and expand on the ongoing conversation regarding my qualifications and experience. I am happy to discuss these concerns in more detail at the council hearing if council members are inclined. T'rainin Some councilmembers have raised concerns over my training related to the duties of the Planning Director. I have explained that I have over 15 years of experience working on; land use related projects, land use applications, land use planning matters, serving on the Windward Planning Commission, Planning Committee and County Council. In addition to the training, I have garnered through these years of experience, I have compiled a list of trainings I have done which range from Ethics training to Coastal Zone Management. Please see attached list. In addition to the list of trainings, I have had comprehensive training and mentoring by Sidney Fuke from 12/2015 to 12/2020. Mr. Fuke's letter of testimony further elaborates on this matter. Administrative rienc Another area of concern that was raised was my administrative experience. I previously supplemented my CV with greater detail on my administrative experience related to private companies I founded and operated as well as my time in Public Service. My administrative experience includes: - Human Resources: hiring, firing, training, etc. - General budgeting: PL's, balance sheets,forecasts, cashflow, credit management, taxes, etc. - Compliance with labor laws, tax laws, and insurance requirements - Managing up to 5 to 15 in-house employees - Managing up to approximately 50 non-in-house workers such as subconsultants, engineers, drafters, designers, etc. - Systems creation for project flow, communications, reporting, etc. - General business ethics and company values 1 In addition to my years of administrative experience, I thought it would be helpful if I highlight some of the administrative efforts I have undertaken or are about to undertake as the Planning Director. 3 - General Plan update continuation and prepare for agency and public outreach '3 - EnerGov rollout and how that will affect the departments processes and HR requirements - Lava recovery coordination with staff, other departments, administration, and County Council Meeting with all team members (planning dept staff)to get to know each person and understand what is working for them and what is not working for them - Weekly meetings with Division managers to ensure fluid flow of information and scheduling is being kept - Review of all permit application metrics, to understand where the processes can be improved for both team members and the public - Solve for backlog of permits and team overload - Training of staff and creation of manuals and procedures - Creating consistency within each division especially related to public communication - Budgeting for current fiscal year and budget planning for next fiscal year - Working with the manager of administrative services on filling vacant positions and creation of new key positions, i.e., Clerk 2 for West Hawaii office - Cross department communication and collaboration - Remote work efficiency guidelines and practices - Transition plan to bring team members back to the office safely and efficiently - Policy and rule update related to Act 16—Shoreline Rules and Regulations - Comprehensive update Chapter 23 and 25 - CDP updates - Public Access Program and Maintenance Plan - Hilo Bay Watershed Study Long Range Planning and SomePlanning Philosophy A concern regarding my long range planning ability and vision was brought up to me and thus I would like to provide some insight into this subject matter. While I do not have a degree in long range planning, I believe I have a good understanding of many long range planning issues. In addition, growing up on the island gives me a unique perspective to add to this vision. I would like to layout a few major challenges we face and how I would begin to address them as Planning Director. My hope is that these examples will show my understanding and vision of long range planning matters. 2 Seo Level Rise One of the immense issues Hawaii County and the rest of the world faces is sea level rise, and it is critical that we as a county address and understand the challenges. In my opinion, we have two unique challenges: existing entitlements and improvements and long range planning for the future. In many respects planning for the future is easier than dealing with current entitlements and improvements. In my mind it is clear we need to protect and preserve our coast and recreational resources to the best of our ability. Sound coastal zone management policies are critical to adhere to.Through focused science and data collection of the past few decades we have a much better understanding of what we can expect over the next century.This data needs to be used as we make long term planning decisions. The State Legislature passed Act 16 last year which further set policy for shoreline setbacks, shoreline hardening and SMA exemptions. The Planning Department is now implementing these new policies into our rules and procedures. Existing entitlements and improvements along the coastline are challenged with sea level rise in a manner that is unavoidable. Critical decisions will need to me made moving forward with respect to protecting public and private property, infrastructure, and property rights. I would look to strike a balance between protection of private property and how those alterations or improvements would affect the surrounding properties. I am currently dealing with such a request adjacent to a public recreation area in Kailua-Kona.The request involves improvements within the shoreline setback area to protect the structures from future erosion. Based on the information and studies presented, I am not able to support the request due to my concern of how the proposed improvements will affect the surrounding shoreline areas. Addressing both existing conditions and future coastal growth need to be done in a comprehensive manner that is based on community, culture, science, environment, and social economics. In my humble opinion, we are at the beginning of truly addressing these challenges and critical decisions moving forward need to be understood and vetted. Affordable Housing Affordable housing is another challenge that we face and have not been able to keep up with the pace for years. Prices of land and material increasing at a rate that exceeds the pace in which household income is growing is a trend that is expected to continue. Supply and demand continue to be huge issues and the global pandemic has only made the issue worse. I believe the county needs to take a proactive role in helping set up the framework for affordable housing. This relates to the General Plan, infrastructure planning & development, Hawaii County Code Chapter 11, 23, 25, State Department of Health, OHCD, etc. This challenge will need innovative collaboration from various government agencies, stakeholders, and developers.As Planning Director, I have a responsibility to help coordinate these efforts, help setup the framework and support sound projects. Conversely, we do not want to allow poor 3 projects in areas that do not make sound planning sense just for housing. As with most things balance is needed. General Marr The comprehensive General Plan (GP) update is currently taking place. 1 believe the GP is one of if not the most important planning documents for our county. We are fortunate to have the GP update now to help address various challenges such as sea level rise, housing, global pandemics, climate change and that fact that we live in a new era of technology and information. 1 believe the GP should be based around broad community vision, it should not be one person's, or one groups agenda. We live on this amazing island and all voices need to be heard. I would like to see greater public outreach and education on the GP. Most people do not understand what the GP does or even that one exists, yet it will continue to shape our community. As Planning Director, I will make best efforts to increase community outreach and participation. The GP update gives us an opportunity to set sound framework such as focus growth in the urban cores, support agriculture, preserve open space and protect our natural and cultural resources. Personally, I would like to see a truly sustainable island that our residents can thrive in health, enjoyment, community, economics and more. I could talk for days about my planning philosophy and how planning connects to most facets of our life; however, l thought it may be helpful to express a few areas or types of projects I would not support: - Projects that will negatively impact our critical resources (e.g., sandy beaches, prime agriculture land, watersheds, etc.) - Policies or projects that would displace locals - Sprawl outside of the urban/village centers - Unaffordable affordable housing projects - Projects that are not supported by the General Plan and other State and County planning land use policies Conflicts of Inereslics Concerns have been raised regarding my conflicts of interest related to my former private consulting practice. I have explained to the Council that I have taken the following steps to ensure any conflict is handled in the most appropriate manner: - Requested guidance from the Board of Ethics on dealing with conflicts - Deputy Director,Jeff Darrow has been assigned to handle any applicants or applications that would be of conflict 4 - A list of former clients will be on file with the Board of Ethics as well as essential Planning Department staff - Self-regulation based on integrity and morals. In the event an application or applicant that I am conflicted with is brought up with me, I stop any conversation and immediately turn it over to the Deputy Director. The secondary question related to conflicts of interest and ethics is, how will this affect my ability to serve as the Planning Director? Will there be such a large number of conflicts that I will not be able to effectively perform the duties of Planning Director or will it require additional oversight by the public and/or administration? I have had the opportunity to serve as the Planning Director for just about two months and within this time period I would say that I have been conflicted out no more than ten percent of the time with regards to applications, which results in less than two percent of my overall job function. I am confident with the controls in place outlined above,this will not require a additional oversight by the public or administration. It is also critical to understand that the role of the Planning Director is to oversee six divisions and that the actual amount of time directly related to land use applications is a fraction of the overall duties. I can confidently say that my role as Planning Director would not be negatively affected or impaired by any potential conflicts of interest. The testimony provided by Jeff Darrow, Deputy Director should further unscore this matter. 5 Y Zendo Kern Trainings/Workshops I 1 Coastal Zone Management( )/S eci I Management(SMA)Area Training (Attended at least i twice) - Overview of Coastal Zone Management. Ensure consistency of the SMA permit system with the CZM objectives and policies and the SMA guidelines. 3 - Trainer: State Office of Planning Ethics Training(Attended at least twice) - Overview of the Hawai'i County Code of Ethics, procedures of the BOE when a complaint 3 or request for informal advisory opinion is filed, provisions most likely to be encountered, - Trainer: Corporation Counsel Lincoln Ashida & Deputy Corporation Counsel Brandon Gonzalez County Government 101 Training - Charter vs Code,federal and state preemption, overview of the interaction between the executive and legislative branches of County government and a general overview of how things in our County work. - Trainer: Corporation Counsel Lincoln Ashida Finance Training(Attended at least twice) - Overview of Finance Department, budget, rules and responsibilities related to the budget, basic procurement. - Trainer: Department of Finance, Deanna Sako a ai'i Congress of Planning Officials Conference(HCPO) - Annual forum to address the various planning issues facing the community; promote intergovernmental/interagency cooperation in identifying alternatives which may be pursued to resolve such issues and encourage the exchange of new ideas/solutions to planning problems. - Speakers: Various Human esurces Training - Overview of Human Resources, procedures, hiring,termination,job performance appraisals, performance improvement plans, etc. - Trainer: Department of Human Resources, Bill Brilhante Initiatives in Building Healthier Communities( C ) - Focus on ground-breaking projects and initiatives that seek to create a built environment that supports higher levels of physical activity and/or access to healthy foods. - Presenter: Panel Keauhou Aquifer System Designation as a Ground Water Management Area Presentation - Overview on the designation of the Keauhou Aquifer System as a ground water management area and the County Council's roles and responsibilities regarding a petition filed to create the designation. - Presenter: State of Hawaii Commission on Water Resource Management Legislative Training - Overview of legislative process - Trainer: Unknown 1 I NOAA Digital C as Planning Tools( C ) - NOAA Digital Coast partnership provides data,tools, and training on topics such as land use, coastal conservation, hazards, marine spatial planning, and climate change. - Presenter: NOAA Parliamentary r ce re Training (Attended at least twice) - Overview of parliamentary procedure. - Trainer: Deputy Corporation Counsel Brandon Gonzalez & County Clerk Planned Urban Development and Project District Presentation by Planning Director to Council - Comprehensive explanation between the difference of a Planned urban Development and a Project District. - Presenter: Planning Director Duane Kanuha Planning Commission Duties and Responsibilities Training - Training to maximize the effectiveness of the Commission and minimize the grounds for appeals of the Commission's decisions. Overview of duties and responsibilities of the Commission. - Trainer: Deputy Corporation Counsel Brandon Gonzalez Planning Directors Panel ) - Panel on various key issues and concerns that planning professionals are currently facing. - Speaker: Planning Directors Panel Planning for a Clean Energy Future through Green Transportation( C ) - Panel to address how land use and transportation planning and policy in both rural and urban settings can solve Hawaii's energy challenge with clean and active transportation connectivity to, from and within smart growth communities. - Speaker: Panel Shoreline Setbacks&ManagementCoastal Development( C ) - Discussion on how shoreline setbacks are being implemented in Hawaii and why they must be carefully applied to avoid constitutional takings and other legal problems. - Speakers: Panel Sunshine Law Training - HRS Chapter 92 (Sunshine Law), permitted and impermissible interaction, sufficiency of meeting agendas, Office of Information Practices opinions and hypothetical scenarios - Trainer: Deputy Corporation Counsel Brandon Gonzalez Sustainability in Community Plans(HCPO) - Overview of essential elements of a sustainable community plan and describe how communities can transition from a traditional plan structure to a sustainable framework. - Speaker: Benjamin Herman, Clarion Associates Transportation Initiatives with the Project for Public Spaces( C ) - The Project for Public Spaces helps people create and sustain public spaces that build stronger communities and foster healthy living. - Speaker: Gary Toth 2