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HomeMy WebLinkAboutMIN PC 2021/01/19 2020-2022 Committee on Planning 2nd Session Hawaii County Building 25 Aupuni Street Hilo, Hawai i January 19, 2021 CALL TO The regular meeting of the Committee on Planning was called to order at ORDER: 2:31 p.m., in the Council Chambers, Hilo, by Ms. Ashley L. Kierkiewicz, Chair. ROLL CALL: Present: Ms. Ashley L. Kierkiewicz, Chair Ms. Rebecca Villegas, Vice Chair (via videoconference from Kona) Mr. Aaron S. Y. Chung, Member Ms. Maile Medeiros David, Member (via videoconference from Kona) Mr. Holeka Goro Inaba, Member (via videoconference from Kona) Mr. Matt Kaneali`i-Kleinfelder, Member Ms. Heather L. Kimball, Member Ms. Susan L. K. Lee Loy, Member Mr. Herbert M. "Tim" Richards, III, Member STATEMENTS The Chair directed the Committee to proceed to the next order of business, FROM THE Statements from the Public on Agenda Items. PUBLIC ON AGENDA ITEMS: The following individuals registered to speak and came forward when called by the Chair: Tiffany Edwards Hunt: Comm. 44, in opposition. Steve Hirakami: Comm. 44, in support. David Blancett-Maddock: Comm. 44, in opposition. Diane Blancett-Maddock: Comm. 44, in opposition. Tanya Power: Comm. 44, in support Stephen Bell: Comm. 44, in opposition. Janice Palma-Glennie: Comm. 44, in opposition; Comm. 79, in support; and Comm. 80, comment. PC-2 January 19,2021 Nancy Carr Smith: Comm. 44, in support. Tom Bierlein: Comm. 44, comment. Kealohanui Browning: Comm. 44, in support. Claudia Rohr: Comm. 44, comment. Cory Harden: Comm. 44, in opposition. Debbie Ward: Comm. 44, comment. John Thatcher: Comm. 44, in support. Amedeo Markoff: Comm. 44, in support. Matthias Kusch: Comm. 44, in support. CHR KIERKIEWICZ: Okay, I'll be closing public testimony at this time and moving on to business of the day. I'm going to take a few things out of order because I know that we have members of the community that are being nominated to various boards and commissions on standby. And we we'll be moving on to Communication 71, but I just want to make sure that we have Pomaika`i Bartolome Change Order As directed by the Chair and with no objection from the Council Members, the of Business: following items were taken out of order: COMMUNI- The Chair directed the Committee to proceed to the next order of business, CATIONS: Communications. Comm. 71: NOMINATION OF RICHARD HENDERSON II TO THE BOARD OF APPEALS From Mayor Mitchell D. Roth, dated December 30, 2020, requesting the Council's review and confirmation. Requires Council Confirmation by: February 12, 2021 (Section 13-4(k), Hawaii County Charter) (Note: At this time, Executive Assistant to the Mayor Pomaika`i Bartolome came forward to introduce and provide a brief narrative of the nominee.) Page 2 PC-2 January 19,2021 Vote on Comm. 71: Ms. Lee Loy moved to recommend confirmation of the (Approved) appointment of Mr. Richard Henderson II to the Board of Appeals. Seconded by Mr. Richards and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Chair Kierkiewicz informed Mr. Henderson II that he does not need to appear before the full Council for final confirmation. CHR KIERKIEWICZ: Mr. Clerk, Communication 78, please? Comm. 78: NOMINATION OF DENNIS LIN TO THE WINDWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated December 30, 2020, requesting the Council's review and confirmation. Requires Council Confirmation by: February 12, 2021 (Section 13-4(k), Hawaii County Charter) Motion to Approve: Ms. Lee Loy moved to recommend confirmation of the appointment of Mr. Dennis Lin to the Windward Planning Commission. Seconded by Ms. Kimball. CHR KIERKIEWICZ: Ms. Bartolome. MS. BARTOLOME: So Mr. Dennis Lin is being nominated to the Windward Planning Commission. Mr. Lin grew up here in Hilo. He's a graduate of Waiakea High School and also of the University of Hawaii at Hilo. He's also a very active member of our community, serving on multiple boards, and as a member of the Chamber of Commerce. Mr. Lin is very knowledgeable, vibrant, and I just put a little side note that his smile is infectious as well, which we can't see right now. So Mr. Dennis Lin again, being nominated to the Windward Planning Commission. Page 3 PC-2 January 19,2021 CHR KIERKIEWICZ: Thank you, Ms. Bartolome. Mr. Lin, if you would love to address this body and just share your thoughts around why you would like to serve on the Planning Commission. MR. LIN: Thank you, Ms. Bartolome. And good afternoon, Madam Chair and members of the Committee. I'd like to begin by congratulating each of you on the beginning of a new Council term. I view all of you as role models, and you know, your example drives me to action. Thank you for your service. I'm humbled and honored for this opportunity to serve as a Windward Planning commissioner. I would like to extend my sincere gratitude to Mayor Roth and his office for his confidence in nominating me for this position. My thoughts are with the Mayor and his `ohana, and I wish him a speedy recovery. I am a lifelong Hilo resident. My upbringing instilled in me the values for caring for others, working hard and having a can-do attitude. If confirmed, I will strive to do what is best for the people of the Big Island regardless of ideology. I'm a proud graduate of the Big Island public schools. I grew up attending the Waiakea complex schools. I graduated from Waiakea High School, and I continued my higher education at the University of Hawaii at Hilo earning my Bachelor's in Business Administration while working a part-time job and working at my parents restaurant between classes. I currently work for HPM Building Supply as their program manager for the modular home program Hale Plus. The program's purpose is to increase the supply of affordable, attainable homes here on the Big Island and throughout the State in the future. While I do not have a traditional planning background, my work experience in the legal, banking, and construction industries have provided me with a unique insight on how the commission's work can affect our community. My community involvement began when I was in high school where I participated in the Interact Club. While I was in college I was a charter member of the Circle K International Club, which is part of the Key Club Kiwanis Family. And once I started my professional career I began serving on various nonprofit boards and organizations. My most fulfilling roles have been helping to end hunger here on the Hawaii Island serving as the treasurer for the Hawaii Island Food Basket; and also helping young professionals in the workforce navigate through the complexities of the real world through chairing the Young Professionals Committee at the Hawaii Island Chamber of Commerce. If confirmed, it would be a great honor to serve on the Windward Planning Commission. This would give me the opportunity to help our island grow as a Page 4 PC-2 January 19,2021 safe place for our keiki, a hometown that our kama`aina can come back to. And a place that we can continue to say, I'm proud to be from the Big Island. I will strive to earnestly work with fellow commissioners to listen to the concerns of all parties involved and bring my energy, experiences, and can-do attitude to the table in order to make the decisions that are in the best interest of the people. Thank you again, Madam Chair and Members of the Committee, for your time and consideration. Thank you. CHR KIERKIEWICZ: Thank you, Mr. Lin. Any questions or comments? Ms. Lee Loy. MS. LEE LOY: Yes, thank you Chair. Mr. Lin, thank you for being here. You know, as a proud Waiakea graduate—Mr. Chung, as a proud Waiakea graduate, we have a fantastic warrior sitting right in front of us. I wholeheartedly support this appointment. But one thing I know you failed to touch on was, you're a son of an immigrant family. So first generation. And I really MR. LIN: That's correct. MS. LEE LOY: This is what Hilo is all about. It really is about community thriving, and we have a candidate before us who has been groomed and molded by this community. You know,this one's special. So thank you for stepping up. Pomai, thank you for finding this one. This is great, I yield. MR. LIN: Thank you, Ms. Lee Loy. CHR KIERKIEWICZ: Thank you, Ms. Lee Loy. Ms. Kimball. MS. KIMBALL: Thank you so much for being here today, and I wanted to just thank you for reaching out to me before the hearing today. Only a handful of the nominees did, and I thought that was really forward-thinking and I appreciate that. I also just want to share that we talked a lot about policy making and needing to have the people that are impacted by policy in the room. And what I really like about you is as a member of this commission is you're somebody that should be part of this discussion, because you're that younger generation, you're that first generation. So thank you so much for stepping up and getting involved, and I look forward to see your work on the commission. MR. LIN: Thank you, Ms. Kimball. CHR KIERKIEWICZ: Thank you, Ms. Kimball. Mr. Richards. Page 5 PC-2 January 19,2021 MR. RICHARDS: Thank you, Chair. Reading through your resume, your personal references, I can see how you've been groomed to be here. Fujimoto, Chu, Taniguchi, Ashida. All people I hold in great esteem. You made a comment in your brief explanation of your interest that for the commission to further our island's agricultural landscape. Please explain that. MR. LIN: We have so much agricultural impact for the State. You know, we have ranching; we have, you know, tropical agriculture here. And it's something that we should be proud to have here in Hawaii, and I feel that there's not enough things being done to help preserve those natural resources. You know,to preserve that type of economy here on our island. And that's my thoughts on agriculture. It's just that it makes us different, right? We don't want to be the place that is so reliant on tourism. I mean tourism is a great thing, but I think that we should expand. We should utilize what we're good at. You know, we have so much land here on the Big Island. We have so much opportunity, and I think that's something we can work on. Especially on the Commission when these applications come in, we can make a positive impact on the community. Thank you. MR. RICHARDS: And I appreciate that because we my background in agriculture any time I see it and want to get someone's perspective, I completely agree with those statements that you made. I think we can do more with agriculture between the communities, even the tourism side. And I'm not going to take up this committee's time to discuss this, but I'd like to further this conversation. I'm going to support this. Chair, I yield. CHR KIERKIEWICZ: Thank you Mr. Richards. Anyone in Kona? MR. INABA: Chair? CHR KIERKIEWICZ: Go ahead, Mr. Inaba. MR. INABA: Hi Mr. Lin, I did also get the chance to talk to you the other day, so mahalo for calling or for extending, actually you emailed. And I hope that being born and raised in Hilo you will malama your Hilo community, and look forward to supporting you today. Mahalo, I yield. CHR KIERKIEWICZ: Thank you Mr. Inaba. Seeing no other, oh, Mr. Kaneali`i-Kleinfelder. MS. DAVID: I'm sorry, and in Kona, please? Page 6 PC-2 January 19,2021 MS. VILLEGAS: Actually when you're done. CHR KIERKIEWICZ: Yes, after Mr. Kaneali`i-Kleinfelder. Matt, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you Chair. I'm just going to be a voice of difference today. I appreciate you coming in today. You gave a very nice presentation. I appreciate your very kind words. Wonderful upbringing, and you know, grooming-wise I cannot speak to that. You know, and I don't know you. And you did reach out to me. We did email back and forth. My concern is your connection with HPM and the HalePlus program, as HPM being one of the largest—poised to be one of the largest manufacturers of home builders in at least our County, and your ability to sit on the commission and make decisions of a nature. I find that to be something to akin a conflict there, and I'm just going to be saying "no"today for that reason alone. I appreciate you volunteering. I appreciate you coming forward. You made a very nice presentation, but just to give a brief explanation of why I'll be saying "no"to you. Thank you. MR. LIN: Madam Chair, may I respond to Mr. Kleinfelder? CHR KIERKIEWICZ: Absolutely. Go ahead. MR. LIN: So, HPM is a lumbar supply company and in no way do we influence planning. So I believe that as a Planning Commissioner, although we will see different projects come up, if it has direct impact through HPM, I will do what I have done with other organizations and recuse myself from any decisions that involve HPM. MR. KANEALI`I-KLEINFELDER: Thank you, thank you for that. CHR KIERKIEWICZ: Going back to Kona. MS. VILLEGAS: Yes, thank you. Hi Mr. Lin, my apologies for not being able to get back to you, but I did appreciate you sending an email in an attempt to connect before this hearing. I share Mr. Kaneali`i-Kleinfelder's concerns here. After going through so much with Bill 179 and the predominant pilikia seeming to come between essentially HPM and the Carpenter's Union in their different representations and reflections of how that bill and our Building Code reflectsI just, I have a challenge with this here because I see this as a potentialI mean it's just a given that you would need to recuse yourself should anything from HPM come forward. Page 7 PC-2 January 19,2021 But as I said earlier today, you know, all these positions are voluntary, but based on relationships and long-term connections, it puts people in positions of power and authority to make decisions that have long-term repercussions on our island. And can definitely sway in the benefit of certain organizations and companies. I have some concerns about that because I continue to hear conversations when people use the term, "Planning." When I think a more appropriate term would be "Developing" or"Developer." And there is a difference of being a builder versus a planner. And I have to follow my na`au here, and something doesn't quiteI mean our Planning Commissions, this is huge. So for me today, I'm going to have to say "no." But I'll continue to do my due diligence and my research here. But I don't think—it just doesn't sit right with me. That the proximity of conflict is too close. So, thank you Mr. Lin. CHR KIERKIEWICZ: Thank you, anyone else? Oh, Mr. Lin, did you want to address that? MR. LIN: I just appreciate Ms. Villegas, your comments. And I just want to make the point that I am here not on behalf of my company, but as a citizen and as a resident of Hawaii Island. Thank you. MS. DAVID: Chair? CHR KIERKIEWICZ: Yes, please go ahead, Chair David. MS. DAVID: Thank you. Aloha Mr. Lin and welcome, and thank you for your comments. I was reading your application. And like Council Member Richards, I appreciate your commitment to agriculture. But could you please just explain what your passion to protect our local resources. When you say local resources, could you just explain what that means to you? MR. LIN: Sure. So local resources would not only include agriculture, but what I think as cultural resource, right? The people, the culture, the kind of lifestyle that we here have in Hilo and on the Big Island. And you know, it's not just agriculture, it's not just land. It's about keeping what we value and why we live here. And I think that's my goal and my mission and why I applied for the commission. MS. DAVID: I really mahalo you for that because I believe that that's important, and the acknowledgement that you have just confirmed for me in my mind. I really want to thank you and I based on what you represented that you will have the foresight of identifying and recognizing when there is a conflict, I see the balance in your explanation of that, how important our people of this island are in our planning processes. So in that respect I thank you for doing that and for Page 8 PC-2 January 19,2021 expanding on that to my satisfaction. So thank you very much for your service. Mahalo. CHR KIERKIEWICZ: Thank you, Chair David. Anyone else? Mr. Lin, thank you so much for being here. I did Google your face and you do have an infectious smile, Pomai, that's right. You've clearly held your own today. I want to, you know,just mahalo you for stepping up to serve. We talk about investing in our homegrown kids, right? Providing them opportunities to learn; to build capacity, and you are doing that for Planning Commission. And I think you recognize the incredible weight your decisions have on our community. I just feel that you are a man of integrity with strong character that is going to make the right decisions, because you are going to be living with the consequences of those decision. So I'm going to be supporting your nomination wholeheartedly. There is a motion on the floor. Mr. Clerk, would you mind doing a roll call vote please? Vote on Comm. 78: The motion to recommend confirmation of the appointment of (Approved) Mr. Dennis Lin to the Windward Planning Commission was carried by the following roll call vote: Ayes: Committee Members Chung, David, Inaba, Kimball, Lee Loy, Richards, and Chair Kierkiewicz—7. Noes: Committee Members Kaneali`i-Kleinfelder and Villegas —2. Absent: None. Excused: None. CHR KIERKIEWICZ: Thank you. Mr. Lin, you do not need to come before the Council when we confirm your nomination to the Planning Commission. Thank you for being here. Take care. MR. LIN: Thank you, all. Have a nice day. CHR KIERKIEWICZ: Mr. Clerk, next item, Communication 79, please? Comm. 79: NOMINATION OF MICHELLE GALIMBA TO THE WINDWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated December 30, 2020, requesting the Council's review and confirmation. Requires Council Confirmation by: February 19, 2021 (Section 13-4(k), Hawaii County Charter) Page 9 PC-2 January 19,2021 CHR KIERKIEWICZ: May I have a motion to forward the nomination of Michelle Galimba to the Windward Planning Commission to the Council with a positive recommendation? Vote on Comm. 79: Ms. David moved to recommend confirmation of the (Approved) appointment of Ms. Michelle Galimba to the Windward Planning Commission. Seconded by Ms. Lee Loy and carried by the following voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. Executive Assistant to the Mayor Pomaika`i Bartolome came forward and provided a brief narrative of the nominee's background and experience. Committee Members spoke in favor of the appointment. Chair Kierkiewicz informed Ms. Galimba that she does not need to appear before the full Council for final confirmation. CHR KIERKIEWICZ: Mr. Clerk, Communication 80, please? Comm. 80: NOMINATION OF MARK TRAVALINO TO THE LEEWARD PLANNING COMMISSION From Mayor Mitchell D. Roth, dated January 5, 2021, requesting the Council's review and confirmation. Requires Council Confirmation by: February 19, 2021 (Section 13-4(k), Hawaii County Charter) CHR KIERKIEWICZ: Thank you. Can I have a motion to forward the nomination of Mark Travalino to the Council with a positive recommendation? Motion to Approve: Ms. Lee Loy moved to recommend confirmation of the appointment of Mr. Mark Travalino to the Windward Planning Commission. Seconded by Mr. Richards. CHR KIERKIEWICZ: Ms. Bartolome. MS. BARTOLOME: So Mark Travalino, coming to us from District 8 to Leeward Planning Commission. He's a resident of Hawaii and has been for over 30 years. No stranger to our boards and commissions. He's served on our Page 10 PC-2 January 19,2021 Board of Appeals and also our Kona CDP (Community Development Plan) Action Committee and brings a vast knowledge and experience in community development. Mark Travalino again, being nominated to the Leeward Planning Commission. CHR KIERKIEWICZ: Thank you, Ms. Bartolome. Mr. Travalino, I believe you are joining us via Zoom. If you could kindly unmute yourself, turn on your camera, and let this body know why you're interested in serving in this capacity. MR. TRAVALINO: So what's going on right now is that I just finished up on the Board of Appeals. I served for five years on the Board of Appeals. I am a resident of over 31 years on the Big Island;proud resident. I work for the Labor Union. You might think I'm a pro-development type person but I'm not. I actually learned a lot in the last 10-12 years, especially now that my kids have grown older and all gone away and left. You know, this view of our coastlines always being overdeveloped and being taken over by big businesses. Something that's very unfortunate. I have two sons that want to come home from the mainland because they got college degrees, and all they look forward to is to come home and going surfing. And they just get pissed every time they see the development going on. So it enlightened me. Like I said, I do work in the construction field; I'm a business agent. We just had nine kids graduate from our apprenticeship program. I was once questioned about 12 years ago about civic duties, so that's when I got more involved in local government as well as state government. I did serve a five-year stint on a State Rehabilitation Counsel, which was also very enlightening. I got to work with a lot of work comp facilitators as well as providers, statewide. I think I have a lot to offer to the Planning Commission. I mean there's good development out there and there's definitely bad development out there; and there's overdevelopment. You know, I see where with my 31 years in construction work, I could definitely be an asset to our Planning Commission. Like I said, I can see from both sides of the fence. I found when I was a farmer up on the first flow, I spent many weekends up there picking nuts and coffee, realizing that it helped fund my kids' way through college. You know, when there wasn't construction work, when it wasn't busy. But, yeah, I'm just asking you guys to give me an opportunity to serve on this board, this commission. CHR KIERKIEWICZ: Thank you, Mr. Travalino. Opening up for questions, comments. Checking in with Kona. MR. INABA: Not at this time. Page 11 PC-2 January 19,2021 CHR KIERKIEWICZ: Okay, no lights on here in Hilo. Last chance. MS. VILLEGAS: If there's nobody in Hilo, then I will make a comment. CHR KIERKIEWICZ: Okay, Ms. Villegas, go ahead. MS. VILLEGAS: I've had a number of constituents reach out to me with concerns about your appointment Mr. Travalino. The concerns relate to essentially this Leeward Planning Commission already having strong representation from the union side and wanting to make sure that we have a more diverse group of people representing our community on the Planning Commission. You know, in full disclosure, Angel Pilago was my mentor, and I grew up watching his leadership at Kohanaiki and then through the County Council. So it brings me pause to know of his history of denying an appointment in this capacity for you. And I guess today I appreciate your words and your recognition of the need for balance with development and how even sometime our best efforts we accidentally—we keep doing what we've always done. And the development ends up with the same kind of thing with our `ohana and our kama`aina not being able to afford them. And so as we navigate this really trepidatious time economically, and I have to let you know that I have to take pause on your assignment to the Leeward Planning Commission, and I have to take note of the counsel and advice that I've gotten from a number of constituents who have shared their concerns. So thank you for your understanding on that. I yield. CHR KIERKIEWICZ: Thank you. Anyone else. MR. INABA: Chair, this is Holeka. CHR KIERKIEWICZ: Okay, Mr. Inaba. MR. INABA: Mr. Travalino, thank you for being here today and joining us. I myself in reviewing your application and having received emails from constituents as well, have a lot of concerns. And I do believe that we all have the ability to be objective with projects that are before us. But with strong union representation already in the Leeward Planning Commission, we have a kuleana to try and keep things, or I feel I have a kuleana to try and keep things balanced. If even by appearance. And with that, I won't be able to support you today. I also want to recognize or kind of let us know that I did go back into your confirmation hearing from 2011 Page 12 PC-2 January 19,2021 when you were up for appointment to the Leeward Planning Commission and there was an unfavorable recommendation at that time. And I don't see that circumstances have changed. And with that I have to not support today. So thank you again for your willingness to serve. I know you are in my district, but this is a big kuleana that I think I need to be responsible to the concerns of the constituents. So with that I yield. CHR KIERKIEWICZ: Thank you, Mr. Inaba. Any other questions or comments? MS. DAVID: Chair? CHR KIERKIEWICZ: Yes, Chair David. MS. DAVID: Thank you. Aloha, Mr. Travalino. I'm reading your application, and could you please, based on what has been said thus far, could you explain that you're very interested in key infrastructure needs and various new construction and developments in West Hawaii. What do you mean by the—what is your purpose to that? MR. TRAVALINO: You know, I'm looking at affordable residential housing. I have an interest in Palamanui, which is in my own district. You know,this is an area where we have a community college; we have potential for affordable housing. So it could potentially it could actually keep some of our children to stay home and become educated in Hawaii and live in Hawaii; look forward to live here in West Hawaii. I'll tell you some stuff I really don't appreciate that I keep hearing from my kids is that every time I get out of Pine Trees, they're just in my ear about the worse development we ever did in Kona because of taking away Pine Trees, our shoreline, which I thought was a good development back when Pilago was in there. And I support `O`oma. That's something I'd turn tail on right now if I had to, because you know what, our shorelines are definitely disappearing. Kids needs a place to go surfing; a place to go camping. As far as infrastructure projects, I just know we need to create revenues to repair and take care of our infrastructure over here. We've got grass growing through our streets. Yeah, I remember the last time I was on the Kealakehe Parkway. There's more grass grown out of the road than on the side of the road. You know, some of the sewer lines, they're starting to date back; Alii Drive, you know, you take a good look at Ali`i Drive, I think it was 20 years ago we replaced the water line down there. So you know,there's infrastructure that needs to be Page 13 PC-2 January 19,2021 replaced. It's not about new development and putting in big box stores, but we do need residential affordable housing, and we do need to increase infrastructure. You know, we need roadways in West Hawaii. The Ane-K(Keohokalole) would be another great road to bring into Palamanui. You know, these are key pieces of infrastructure I think that would not overdevelop West Hawaii, but actually West Hawaii moving, you know, especially, in the Kona area, moving forward in a positive direction. MS. DAVID: Actually, well thank you. I just needed to get your vision and your explanation of what that was—your interest in that aspect of it. And the things that you raised, I mean, I know you've come before us, I've spoken with you a lot of times also. And the things that you talk about is something that has plagued this County for many years, for decades. So I'm not sure how that's going to be resolved, but because, based on the colleagues and the district representative from the district that you're in, I would at this time, I apologize but I really want to support Mr. Inaba's position, as you are in his district. And I believe we have an equitable makeup of people sitting on the Leeward Planning Commission as far as their backgrounds. And I have been getting the same emails about the concern of two union representatives on that body right now. So I just wanted to thank you for applying and I will have to concur with Mr. Inaba's statements as far as kuleana. So thank you very much. CHR KIERKIEWICZ: Here in Hilo, Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. I'm just going to echo some of the concerns that were brought up regarding constituents reaching out, and I will bow to the preference of the Kona Council Members when it comes to their planning commission on the Leeward side of the Island. I'll be voting "no" today. With all due respect, Mr. Travalino, I appreciate your aptitude, and your skill, and your history, and your experience. But this being a Leeward Planning Commission, I will leave that to my Kona members to decide. Mahalo. CHR KIERKIEWICZ: Thank you. Anyone else? There is a motion on the floor to forward the nomination of Mark Travalino to the Council with a positive recommendation. Mr. Clerk, roll call please? Page 14 PC-2 January 19,2021 Vote on Comm. 80: The motion to recommend confirmation of the appointment Failed of Mr. Mark Travalino to the Leeward Planning Commission failed by the following roll call vote: Ayes: Committee Members Chung, Lee Loy, Richards, and Chair Kierkiewicz—4. Noes: Committee Members David, Inaba, Kaneali`i-Kleinfelder, Kimball, and Villegas —5. Absent: None. Excused: None. CHR KIERKIEWICZ: Thank you, Mr. Travalino for your time today. The Mayor's Office will be in touch with you. We will likely need you to come before Council when we take your nomination up to this commission. MR. TRAVALINO: Thank you. CHR KIERKIEWICZ: Thank you for your time. Recess: At 4:18 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 4:24 p.m. CHR KIERKIEWICZ: Mr. Clerk, if you could start at the top of the agenda with Communication 44, please? Return to Order The Chair directed the Committee to return to the order of business. of Business: Comm. 44: APPOINTMENT OF ZENDO KERN AS PLANNING DIRECTOR From Mayor Mitchell D. Roth, dated December 11, 2020, requesting the Council's review and confirmation. Requires Council Confirmation by: February 5, 2021 (Section 13-8, Hawaii County Charter) Postponed: January 5, 2021 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to approve Zendo Kern's nomination.) CHR KIERKIEWICZ: Thank you, Mr. Clerk. If I could call forward Managing Director and Acting Mayor Lee Lord to come forward and introduce the nominee. If I could also call Mr. Kern forward? Page 15 PC-2 January 19,2021 (Note: At this time, Managing Director and Acting Mayor Lee Lord and Planning Director Zendo Kern came forward to address the members of the Committee.) MR. LORD: Good afternoon Committee Chair Kierkiewicz, Council Chair David and Members of the Planning Committee. I did want to let you first know that Mitch(Mayor Roth) is doing well. He had his last treatment this morning. He hopes to be home tomorrow at the latest, and after that he'll be resting up and getting his energy back so he can come back to work soon. So everything's going as planned and it's all good news. The selection of Mr. Kern comes after an extensive vetting and review process by a non-partial selection committee. Mayor Roth allowed the whole process to occur without influence or push from himself. He had final say, as he is the appointing authority and the final decision was his choice, but he allowed the selection committee to select and present the best candidate. The selection process was rigorous and included a panel of subject matter experts from all sides of the County who assessed each candidates' credentials as they aligned with the requirements outlined in the 2020 Hawaii County Charter. Per Chapter 7, Section 6-7.2 of the Hawaii County Charter requiring the "Planning Director to have a minimum of five years of training and experience in a responsible planning position with no less than three years of experience in an administrative capacity." The committee found Mr. Kern to be the strongest candidate, meeting all the credentials. The committee found Mr. Kern's 20-plus years in the construction and development industries to satisfy the minimum of five years of training and experience in a responsible planning position requirement. The committee further found Mr. Kern's extensive administrative experience and owner and operator of Superior Development Group doing business as Green Island Builders;president of Mr. Kern Enterprises, Limited Liability Corporation; and Consultant at Kern and Associates, where he has led a multitude of projects related to land use planning and development since 2003; to more than satisfy the no less than three years of experience in an administrative capacity requirement. In all, Mr. Kern not only meets the requirements set forth by the Hawaii County Charter but embodies all the aspects we were looking for in our Administration. Let it also be noted that the precedence set forward by this Council by way of confirmations of past appointments to the Planning Director position has left terms such as "responsible planning" loosely defined. Page 16 PC-2 January 19,2021 In comparison, we believe that Mr. Kern's experience far exceeds the terms and requirements outlined in the County Charter, which can be justified by examining prior appointees' credentials. And I would like to mention in the past 30 years there has been only one trained planner appointed to this position. The others include two attorneys, one archeologist, and one master's in Business Administration. I'd like to first call (William) `Bill" Brilhante, the Director of Human Resources to speak to the issue of Mr. Kern meeting the qualifications stated in the Hawaii County Charter for Planning Director. Bill? (Note: At this time, Human Resources Director William Brilhante came forward to address the members of the Committee.) MR. BRILHANTE: Good afternoon, Chair Kierkiewicz and fellow members of the County of Hawaii Planning Committee. I'm William Brilhante, Human Resources Director. Mr. Lee Lord is correct in that I was requested by the current Administration to provide an informal assessment of Mr. Kern's qualifications as to whether he meets the requirements of the Hawaii County Charter as it relates to the Planning Director position. And based on that I had my staff, I provided them with the resume that was attached to Mr. Kern's appointment. And I had my staff vet Mr. Kern as an applicant. Similar and exactly how we vet, hundreds if not thousands of other applicants each year based on the requirements for the position. As you may or may not know,the Charter—or even agree the Charter is very vague with the language and requirements that it specifies for this position. So "responsible planning position and five years of administrative experience." Point of Order: MR. KANEALI`I-KLEINFELDER: Chair, point of order. CHR KIERKIEWICZ: Yes Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: By Charter,while I appreciate Mr. Brilhante's vetting and that the Mayor asked Mr. Brilhante from HR (Human Resources)to vet the candidate as he did with the other candidate CHR KIERKIEWICZ: So sorry to interrupt. Point of Order is reserved for procedural matters. I'm going to allow Mr. Brilhante to finish because he has been asked by the Acting Mayor to provide context for their decisions. Thank you. MR. KANEALI`I-KLEINFELDER: You have to hear my Point of Order first. CHR KIERKIEWICZ: Point of Orders have to do with procedural matters. Page 17 PC-2 January 19,2021 MR. KANEALI`I-KLEINFELDER: It is. You haven't let me finish. CHR KIERKIEWICZ: Continue. MR. KANEALI`I-KLEINFELDER: Thank you. The Charter does not require that Mr. Brilhante give the Council a breakdown of the candidate. It does not require that the Council hear Mr. Brilhante, as the Council confirms by our discussion and on our terms, the appointment by the Mayor. So while I appreciate his time and I appreciate what he's done, it's not a requirement that the Council listen. Although we can if we choose to but we're not required to. CHR KIERKIEWICZ: Thank you. And I just need to remind you, Points of Order have to do with procedural matters. So the motion on the floor is to approve the nomination of Mr. Kern, or send a recommendation to Council. As Chair of this committee, I am going to allow Director Brilhante to continue with his presentation. Thank you. Please proceed MR. BRILHANTE: Thank you very much, Chair. Just wrapping up what I've, you know, previously stated in my earlier testimony during the last committee meeting and again here today, is that the terms of the Charter are very vague. And you know, they don't provide specific direction; specific requirements that generally we see in regular vetting of applicants when we're determining whether or not a particular applicant meets the minimum requirements for a position. So in this case we used, you know, the general terms of our—we use general requirements and we also just use the information provided to us that we found in Mr. Kern's resume. And based on that vetting process and those criteria that, you know, we put in place, we found that Mr. Kern does meet the minimum requirements of the position as identified in the Hawaii County Charter. And I'll be happy to respond to any questions anybody may have. CHR KIERKIEWICZ: Thank you. And just to set some context for my colleagues, this particular nomination has attracted a lot of attention in the community, so I will be providing a lot of latitude to the Administration to provide context. For the record, I've also invited two members of the selection committee to be available to this body to answer any questions that they might have about the interview and selection process. I also have Deputy Director Jeff Darrow here in the audience to answer any questions because there were comments made by testifiers today about conflicts of interest. So very interested in systems in place to mitigate that. Thank you Mr. Brilhante. Mr. Lord, please continue. Page 18 PC-2 January 19,2021 MR. KANEALI`I-KLEINFELDER: Chair, I had a question for Mr. Brilhante, as he asked if we had any questions. CHR KIERKIEWICZ: Okay, I didn't see your light. Thank you. Sorry, Mr. Brilhante, please come forward. Matt, go ahead. MR. KANEALI`I-KLEINFELDER: Thank you Chair. Mr. Brilhante, thank you for being here and I appreciate your time. I did reach out to you via email and requested a number of documents. You did send me back the resumes submitted by both candidates that really drew the most controversy. But what I had asked for in those documents was more so, what qualifications you decided. I know you stated the Charter, but your HR procedure for vetting a potential candidate for a civil service position would be quite different from a director position as an appointee. So was it just based purelyI don't know, what was it based on? MR. BRILHANTE: Thank you Mr. Kaneali`i-Kleinfelder. You're absolutely correct. This was a difficult process for us to go through, my staff. Because like I initially discussed, it's such a vague—you know, the language of the Charter is so vague and not very specific. When you discuss terms like "responsible." You know "responsible planning position" is the five-year requirement. And then the second term, you know, requirement that we look at is at least three years of administrative planning experience. And basically, you know, those are the requirements that are specified in the Charter. And like I said, we vetted the information that was provided to me, to our staff in Mr. Kern's resume. MR. KANEALI`I-KLEINFELDER: And this was by request of the Mayor's Office? MR. BRILHANTE: That's correct. And you know, in response to your email, I did—you know, the question was what documents were used for our vetting, and I specifically identified that it was Mr. Kern's resume. And then there was some—another question from another Council Member who requested a copy of the position description for this position. And I responded to them, you know, separately that this position is not a civil service position, so it doesn't have a specific position description. He serves at discretion of the Mayor, for the most part. MR. KANEALI`I-KLEINFELDER: Thank you, appreciate it. MR. BRILHANTE: You're welcome. CHR KIERKIEWICZ: Ms. Kimball. MS. KIMBALL: Thank you. Thanks for being here again, to respond to our questions. I was talking to an attorney friend who made the same point that you Page 19 PC-2 January 19,2021 made, that the Charter is vague. And part of that is to allow for changes over time, because it is only voted on we only go through the commission process every 10 years. So we need some flexibility. So would you agree that our interpretation as we deliberate on this today, may actually be from your interpretation and the vagueness of the Charter allows for that? MR BIRLHANTE: Well that's specifically your will, you know, nobody's going to fault anybody for doing that. I think—and you're absolutely correct, I think that's why the terminology was probably used, is to allow for personal interpretation. MS. KIMBALL: Thank you. One second question. What was your criteria for the training component of the meeting of the qualifications? MR. BRILHANTE: Basically when we corporate the requirements of being in the planning capacity, and you know, identified specific jobs that Mr. Kern placed on his resume we incorporated the training components as it attached to those positions, or part in parcel to those positions. He was a consultant, he was a real estate development projects, and then licensed general contractor. You know, specific for land-use and project management and the like was the criteria, you know, we used, identified. MS. KIMBALL: Okay. I yield. CHR KIERKIEWICZ: Thank you, Ms. Kimball. Any other questions for Mr. Brilhante? MS. VILLEGAS: Yes, please. CHR KIERKIEWICZ: Ms. Villegas, go ahead. MS. VILLEGAS: Hi, Mr. Brilhante. Thank you for being here today. I'm sorry, I'm way over here on the other screen. So if not asked by the Mayor's Office to come here and give this unofficial opinion today, would this be a normal practice? MR. BRILHANTE: No, historically our office does not get involved in the vetting process, of the mayoral cabinet appointees. I think there's a reason for that, because you know, the Administration sets their cabinet, they set their goals, they set their agendas. And they identify the people that they think that can best serve and best meet their needs, and you know, that's the reason we don't generally get involved. MS. VILLEGAS: So their opinion is official, but your opinion remains unofficial? Page 20 PC-2 January 19,2021 MR. BRILHANTE: That's correct. You can put it that way, and I'm glad to put it that way. MS. VILLEGAS: Yes. It doesn't sound like you're extremely thrilled to be here, being put on the spot by having to do something like this. So thank you for your humility, and your honesty in doing so. But I want it to be very clear, I know it is for myself and I hope that it is for the rest of the members of this body. And I want it to be very clear to the public, and the members of our community that this is an unofficial opinion. And that I just really needed to state again. So thank you, Mr. Brilhante, for being in the hot seat for us. I yield. MR. BRILHANTE: You're welcome. And may I respond to that, Chair? CHR KIERKIEWICZ: Yes, go ahead. MR. BRILHANTE: You know, I think that's one of the most valuable components of my job, and one of the aspects of my job that I love the most is that I'm appointed by the Merit Appeals Board. I do not serve at the whim of the Mayor, unlike a lot of department heads and agency heads. And with that I appreciate the independence, and the ability for me to apply equitable and reasonable, you know,thought processes to a lot of the HR requirements in the and you know, I think one of the things that I'm most appreciative of, is the fact that I think we've instilled, my Administration in HR, has instilled a lot of trust with not only our County employees but with the public in general, and at the time when it was gravely needed. And when the Mayor asked me to do this vetting of this applicant, I was a little uneasy initially but then I made it very clear that, you know, what we did was the process that we went through would be no different than the process that we go through with all our civil service appointments. And I, you know, insisted that we maintain a fair and equitable and equal process. And that's what we did, we applied equal criteria and equal assessment as to the information that was provided to us. And based on that impartial determination, you know, we came up with our conclusion. That in this particular case, the applicant was qualified. CHR KIERKIEWICZ: Thank you. MS. KIMBALL: Madam Chair, can I ask one more question based on that. CHR KIERKIEWICZ: Yes, absolutely. MS. KIMBALL: Thank you. I just wanted to be clear, did you vet only Mr. Kern or did you vet other candidates as well? My understanding was, you only vetted Mr. Kern on the Mayor's request. Page 21 PC-2 January 19,2021 MR. BRILHANTE: No, we vetted other candidates as well. MS. KIMBALL: Thank you. CHR KIERKIEWICZ: Any other questions for Mr. Brilhante? MS. VILLEGAS: Yes. One quick question. CHR KIERKIEWICZ: Ms. Villegas. MS. VILLEGAS: Mr. Brilhante did you vet other applicants for the Director of Planning position, or just vet other applicants in this process in general? MR. BRILHANTE: To clarify, my answer was just that we vetted other nominees for other department heads. Mr. Kern, was the only applicant we vetted for the Planning Director position. MS. VILLEGAS: Right. And if I remember correctly that was also the case for the Department of Public Works' position? MR. BRILHANTE: That's correct. MS. VILLEGAS: Okay. That speaks volumes to me, so thank you. CHR KIERKIEWICZ: Thank you for your insights, Director Brilhante. MR. BRILHANTE: You're welcome. Thank you. ACTING MAYOR LORD: I'd like to also now call Ken Van Bergan and then Craig Takamine who were both part of a selection committee to share their thoughts about selection committee directives and what they were looking for. I understand that they're both on our Zoom today. Ken, would you like to share? MR. VAN BERGEN: Sure. Would you like me to share my personal experience or kind of the, you know, overall process of the selection committee? ACTING MAYOR LORD: I don't think we're talking about the process, that's not in question today, but the experience that you had that's speaks to the directives that you were given and the robustness of our process in selecting through your committee. (Note: At this time Selection Committee Members Ken Van Bergen and Craig Takamine came forward to address the members of the Committee.) Page 22 PC-2 January 19,2021 MR VAN BERGEN: Yes, sure. So aloha, Council Committee. You know, it was an honor to be chosen as one of the panelists, there was about a dozen panelist that were chosen to do various interviews for the different appointed positions. The planning committee had five panelists, which was the most. And it was a unanimous decision by all five members, that Zendo was the best choice of the applicants. Just to clarify we didn't choose who the interviewers were who the applicants were that was vetted before it got to our panel. We simply asked a series of questions equally to each applicant, and then based on those answers had conference and chose who we felt would be best to lead the Planning Department. Personally, I thought Zendo by far was the best for several reasons. And there was some other good applicants, some that I knew previously some of them I did not. But as I shared on January 51h, where we are now as County, I think it's very important that we have someone in the Planning Department who understands both sides of the counter. Zendo, you know, has spent time working as a county employee as both the Planning Commission, Windward Planning Commission, County Council Member, he has also been in the private sector as a planner and as a contractor. And I share those same set of experiences having been a developer, and a realtor, and also working in several cabinet positions. And it gives you a very unique perspective on some of the challenges from both sides. You know, what the public doesn't understand a lot of times is, the ordinances and the rules of the different departments and some of the bureaucracies that you have to, you know,process things. And so it gets a little frustrating sometimes for the public, because they don't see the big picture and things take a while because there are processes to follow. Conversely on the County side a lot of bureaucrats they don't know what it's like to be a developer or planner. The risk that you have to take, the money that's involved. The delays can be very costly, and if you really have huge effect on someone's livelihood, you know, as they move forward with a project. Whether it's a little project, you know, a little subdivision or just building a `ohana unit, or a larger, you know, commercial project, maybe a shopping center or something. All these different points of view. And I see the value clearly of seeing both sides. Additionally, knowing Mayor Roth's vision for streamlining the Planning Department, streamlining in a good way, making the processes more customer friendly, serving the community better, and in Public Works. Because we all know there's huge issues or has been for quite some time with the permit process and just getting things approved. And you know, I think Zendo would be the ideal candidate to help Mitch fulfill that vision with streamlining. And it's not a rubber stamp. For those of us that know, you know, how planning works and I'm sure you all do too. Being a Planning Director you don't rubber stamp projects, you can't approve the zonings or use permits. You know,that's what the Planning Commissions are for, that's what Planning Committee's for, Page 23 PC-2 January 19,2021 that's what County Council's for. But there is a role to play with a vision, and with helping the processes. We need to you know, coming out of the pandemic hopefully this year with nothing being done the last four years for affordable housing, we need to have Planning, Public Works, and Housing work seamlessly to get some projects started and get some, you know,things done here on both sides of the island. And I felt Zendo fit that mold quite well. You know,just ironically I was looking at the, you know, the Planning Charter for Planning Director for whatever reason. You know, I'm actually qualified to be the Planning Director, I have the degree for it, the experience administratively and the planning experience. And as someone that is actually qualified to be the Planning Director, I have zero doubt that Zendo Kern has every qualification he needs to do a good job for Mayor Roth and for the people of the County of Hawai`i. ACTING MAYOR LORD: Thank you so much, Ken. And Craig Takamine. Point of Personal MR. KANEALI'I-KLEINFELDER: Chair, again Point of Order. Actually let's Information: do a Point of Personal Information. As we're discussing things here, I would suggest that you stick to what the selection committee did, maybe the decisions that they came too, but not on whether the candidate is good or not as that is the Council's decision to make. And if I think Mr. Bergen was able to give us testimony last time, two weeks ago regarding one of the candidates. I can't remember which one, whether it was Rodenhurst or Mr. Kern. You cannot provide testimony in your deliverance of what your committee did. So I would keep your—for the next speaker keep your points what the selection committee or the process did, but not whether the candidate in front of us is good or not. Because that is your personal opinion. CHR KIERKIEWICZ: Your point is noted for the record, Mr. Kaneali`i- Kleinfelder. Mr. Takamine, please provide insights into your experience with the selection committee in landing on Zendo as our eventual nominee. MR. TAKAMINE: Aloha Madam Chair, Members of the Hawaii County Council. My name is Craig Takamine, born and raised in Hilo. I'm a small business owner since 2003, an active community member. And since Council Woman Lee Loy brought it up, a proud Waiakea graduate. So I sat on the selection committee for the nominee for the Planning Director of the County of Hawaii, and I kind of want to explain the process that we went through. And I want to also echo Ken's comments. So selection committee was comprised of five distinguished community members, selected by the Mayor from all over Hawaii Island. We had members from Kona, Waimea, Hilo, Hamakua, Page 24 PC-2 January 19,2021 and those members represented a wide range of sectors in our economy, such as retail, construction, real estate and housing. We also had a well-respected former County administrator to kind of round out the group. We were given seven applicants to vet. Four of them were at that time current County employees, two of them were retired and we had one individual from the private sector. Each interviewee was allotted one hour. All applicants had the opportunity to join in-person interviews, some chose to Zoom in and some chose to do the interview live. Before the interviews, we were given resumes; kind of a standard list of Departmental question which we added in; you know, some of our own questions but eventually all the applicants were asked the same questions. We were given some rating guidelines, a scoring sheet and a copy of the County Charter with the minimum qualifications for that particular position. The group had no objections to Mr. Kern's experience, as it relates to the minimum qualifications. And keep in mind that the applicants were previously vetted by the Mayor's Office, before the interviews to make sure that they indeed met the MQ's (Minimum Qualifications). I firmly believe that the committee was unbiased, and that our goal was simple: to select the best candidate in one whose goals and visions aligned with the Mayors, which was to find ways to allow our community to thrive and not simply exist. After thoughtful consideration we came to a unanimous decision, to select Mr. Zendo Kern as our choice to run the Planning Department. And we felt that Zendo had the right mix of experience in his capacity serving on the Windward Planning Commission, on the Planning Committee while serving as a Council Member, from working as a customer of the Planning Department as a general contractor, and as a planning consultant. You know, one of the biggest criticisms of Zendo is that he does not need the MQ's, but as you heard from Mr. Brilhante today, you know, informally he believes that he does. I also believe that we need to give the Mayor the benefit of the doubt, because one of the first major decision for the new Council I urge you to support our Mayor and allowing him to build the best and brightest team that he believes that he can work with to achieve success. If not, you would handcuff this Administration and limit their ability to navigate the difficult years ahead. Thank you very much. CHR KIERKIEWICZ: Thank you, Mr. Takamine. Any questions from my colleagues from either Mr. Van Bergen or Mr. Takamine? MS. VILLEGAS: Thank you, Mr. Takamine. This is Rebecca Villegas in Kona. CHR KIERKIEWICZ: Oh, Ms. Villegas, go ahead. Page 25 PC-2 January 19,2021 MS. VILLEGAS: I just want to thank you for starters for giving us the broadest, and most specific at the same time detailed explanation of the interview process. And how many candidates there were, what kind of areas of community they came from. You know,thus far we know that Mr. Van Bergen and yourself were two of the five interviewers, is it possible for you to share the other three interviewers with us? MR. TAKAMINE: With respect to you, Ms. Council Woman Villegas I'm not in liberty to give you those names. I would defer you to the Mayor's Office to do so. MS. VILLEGAS: Okay. Mr. Lee Lord? I think you're sitting there with Mr. Takamine, and I wondered if that information was something you'd be willing to share with us. ACTING MAYOR LORD: I'm not willing to share it at this time. I would need to go back and talk to those people. We did not ask them to be publicly known since this was a decision by the Mayor. And he was asking for their help and input. The decision continues to lay in the Mayor's lap as to putting forth someone, and so we did not ask them to publicly allow us to give their names at this point. MS. VILLEGAS: Okay. Thank you for that. It seems a little ironic to me, but I duly note it, and for potentially as this goes to Council perhaps you might be able to share those. Because I think who the interviewers are becomes in its own way a reflection of the perspectives that are being shared. But Mr. Takamine, thank you for your time, and thank you for specifically outlining with some numerical evidence on the number of candidates and whatnot. That's the most we've heard thus far, and it was extremely helpful so thank you for that. With that I yield. Oh, I'm sorry. Ms. David, would like to make a statement if that's okay, Chair Kierkiewicz. CHR KIERKIEWICZ: Chair David, go ahead. MS. DAVID: Thank you, Chair. Mr. Takamine, I just wanted to know, generally speaking, were there any candidates that applied from the Planning Department itself? If you could share that much. MR. TAKAMINE: I think that's another question that I would prefer or defer you to you the Mayor's Office. Just simply out of respect, I don't want to disclose any information that, you know, is private and shouldn't be disclosed. Page 26 PC-2 January 19,2021 MS. DAVID: Okay, I'm just trying to get a full sense, of how this potential candidate was vetted. So I appreciate your position, and I will ask the question to Mr. Lord. Thank you. ACTING MAYOR LORD: Thank you for your diligence, and for the question. At this time the Mayor's Office was not willing, and is not willing to divulge exactly where the candidates come from. They have their confidentiality, and I know we're speaking in general terms but we're also speaking about specific numbers from specific departments. So we weren't really willing, and aren't willing to provide that information. MS. DAVID: Okay. I can appreciate that also. So I'll yield for now, Chair. Thank you. CHR KIERKIEWICZ: Thank you. Ms. Kimball. MS. KIMBALL: Yeah, Chair. I do think that if this moves to the next stage,that understanding who the selection committee was is important, and I'll tell you why. The community elected Mayor Roth, and we elected him to make these decisions. I really respect this process, it suits my analytical nature. But you have now taken part of that public information, public responsibility out and put it behind closed doors. It would behoove the Administration I believe to share who the members were of the selection committee. Because Mayor Roth was elected by the public, and I think that he was given that ability to choose his appointments. And it kind of added another layer to that, and while I think that was a good move, we have a responsibility to the public to share who they are. So that would be something that I would want to see next time. ACTING MAYOR LORD: Can I respond? MS. KIMBALL: Please. ACTING MAYOR LORD: I absolutely agree. And we will go ahead and investigate if those people on the committee are willing to have their names shared the next time we meet. MS. KIMBALL: And then I just have one more point of clarification, and either Mr. Takamine or yourself can answer. I understand that there was an initial vetting process through the Administration, and it was filtered through that to the selection committee and then went to HR for validation? ACTING MAYOR LORD: Correct. There was I'd say, there was about 150 applications for all positions and some—well there's 150 applications that came to the transition team. And so we just followed the rule, the law, of the Hawai`i Charter to ensure that what we thought they were meeting the minimum Page 27 PC-2 January 19,2021 quals or if they said they met the minimum quals. So we vetted them as a transition team to give them to the selection committee organizers. So no applicants went to Bill Brilhante, until it was decided that was the top applicant. We weren't going burden them with further work, if we weren't going to choose the person. So we were assuming that the first person in the top pick, was the one we were going to go with. So that's who we provided to Bill Brilhante, to ensure that we were correctly looking at their qualifications. MS. KIMBALL: Thank you for that clarification. Just one last question. What was the selection process, I'm sorry the advertisement process if you will, for these open positons. Was there any headhunting, or was it really just a matter of the resumes and request that came in directly. ACTING MAYOR LORD: It was the resumes and request that came in, there was no advertisement. If there were people around Mr. Roth who said, I'd be interested in helping your Administration. The patent response to everyone was, "If you're interested then please submit an application." And they were told to send it to Mitch's private secretary at the time just to collect them. That was what everyone was told that said they some interest. MS. KIMBALL: Thank you. I yield. CHR KIERKIEWICZ: Thank you. Thank you, Mr. Van Bergen and Mr. Takamine for being available and for sharing your experiences and insights into the process. MR. TAKAMINE: Thank you. CHR KIERKIEWICZ: Thank you. Mr. Lord, and I do want to echo the sentiments of my colleagues, if it is possible, to share with the Council at the next meeting the members of the selection committee, I think that would be most helpful. ACTING MAYOR LORD: Absolutely. And as I said, I'll investigate that and speak with those people if they're willing to have their names disclosed or not. CHR KIERKIEWICZ: Thank you. Please continue. ACTING MAYOR LORD: I don't want to, and won't respond all the media quotes and statements. But I want to mention that I read an op-ed article against Mr. Kern, where the law suit filed was against the former Director by a Council Member. No lawsuit was filed against Mr. Kern, and the lawsuit mentioned was not successful. I also read an article that accused Mr. Kern of not showing up for the job interview, whereas they were referring to the Council Committee meeting. The Committee meeting discussed was not a job interview, it was a meeting for Page 28 PC-2 January 19,2021 confirmation by this Committee. Mr. Kern's appearance at the Committee meeting via zoom or Web-Ex was approved by the Council, even Council Members attend in this matter. It is a standard tool now used in the County, even for job interviews and parts of court hearings. I respect a person who values his family, and follows through with plans to be with them when plans have previously been set and approved upon his selection. I bring this up not as a topic of debate or discussion, but a request that the decision to confirm Mr. Kern is based on facts. I understand if there would be concerns as Mr. Kern has had clients in the building industry, as well as working in the legislative and executive branches of County Government. Having been a planner in private practice with clients with many goals, does not mean Mr. Kern is conflicted or someone that can be swayed. It means he understands the law, best practices, and what our community's concerns and wishes are. There are checks and balances in the system, to ensure the fairness that Mr. Kern, Mayor Roth, and I insist upon. I'm going to ask Jeff Darrow to speak to those checks and balances. Jeff? (Note: At this time, Deputy Planning Director Jeff Darrow came forward to address the members of the Committee.) MR. DARROW: Aloha Chair Kierkiewicz, and Council Chair David, and Members of the Planning Committee. I needed to write this down, so I don't forget anything. I apologize for that. My name is Jeff Darrow, and I'm currently the Deputy Planning Director for the Planning Department. I am here to humbly ask for your support, in confirming Zendo Kern as our Planning Director. One of my main responsibilities as Deputy Planning Director, is to support our Planning Director. If Mr. Kern is confirmed, I will be supporting him to the best of my ability in all planning and land-use matters. There has been some discussion regarding the possible conflicts with our new Planning Director, but please know that if there is any conflict relating to Mr. Kern previous employments, I will be able to take care of these matters as Deputy Planning Director. Many of you know that I was planning on retiring shortly. As I began to see things unfold with the election of our new Mayor and his choice as far as cabinet, I had a change of heart because I wanted to be a part of something I believe will be really good for our County and our department. I believe in the Mayor's message to our County to plan for our future, where we can thrive and succeed. And I believe in his direction to his Administration, to treat people the same way you want to treat your family members. I also believe in our Mayor's choice for his cabinet, the choices. When Mayor Roth chose Mr. Kern to be our next Planning Director, I had decided at that time, after consulting with my wife, to submit my resume for the Deputy Planning Page 29 PC-2 January 19,2021 Director position. I'm very humbled and honored to have been chosen for this position in our County. I have worked with Mr. Kern for over 10 years, which began when he was on the Planning Commission and continued when he was elected to the County Council. I've worked extensively with Mr. Kern and his employees, since he began his Planning Consultant business called Kern and Associates, on many Planning Commission permits as well as State Land Use boundary amendments and changes own application. Kern and Associates has provided a much needed, and valuable service to the people of this island in helping them through his complicating permitting processes. Mr. Kern has also submitted many other different types of planning permits to our department, since establishing his business almost six years ago, including plans approvals variances, `ohana permits, additional farm dwelling agreements, short-term vacation rental permits, etcetera. Mr. Kern has always sought advice from our department, mainly for his clients but also to help him understand how the County views different processes. I have observed Mr. Kern represent his clients to the best of his ability. He would go the extra mile to do the best he could for his clients. Point of Order: MR. KANEALI'I-KLEINFELDER: Sorry, Mr. Darrow. I got to say, I appreciate that you know Mr. Kern. This is just a point of order again. MS. LEE LOY: Chair? CHR KIERKIEWICZ: Mr. Kaneali`i-Kleinfelder, you're out of order. I would appreciate if Deputy Director had the opportunity to please finish. I think it's really important that the Administration be given every opportunity to make their case, and provide information so that we have all of the available information to properly deliberate. Thank you. MR. KANEALI'I-KLEINFELDER: I object. CHR KIERKIEWICZ: That is my decision. MR. KANEALI'I-KLEINFELDER: I object, to your decision. CHR KIERKIEWICZ: I would like for Mr. Darrow to continue. MR. KANEALI'I-KLEINFELDER: I totally object to your decision. CHR KIERKIEWICZ: And that is noted for the record. Thank you. Mr. Darrow, I'm so sorry. Please continue. Page 30 PC-2 January 19,2021 MR. DARROW: I've observed Mr. Kern, represent his clients to the best of his ability. He would go the extra mile to do the best he could for his clients, even when receiving a denial or negative recommendation from the Director. I believe strongly that Mr. Kern will continue to work as diligently for this County, as he did previously for his clients. Mr. Kern brings a unique perspective to our department because of his experience working as a consultant in the private sector, dealing with the permitting processes of the public sector. Regarding Mr. Kern's qualifications for the Planning Director position, from my experience working in the County for over 28 years, if the department of Human Resources says, "Yes, you qualify," you qualify. If they say, "No, you do not qualify," you do not qualify. In my professional opinion as a Planner with the County, I believe that Mr. Kern exceeds the minimum training and experience for that position of Planning Director. Many people island-wide know Mr. Kern, and it is mainly from his planning background and experience. Being whether it's the Planning Commission, the County Council, the Water Board, or Kern and Associates, or construction. Before he was even nominated as Planning Director, Mr. Kern's name was one of the few being mentioned as a possible candidate for Planning Director. There's a majority if not all of our employees in our department, who know Mr. Kern on a first name basis because of his representation of many planning related matters. In closing the Planning Director main responsibility is to advise the Planning Commissions, the County Council, and the Mayor on all planning and land use matters. The Planning Director only provides recommendations to each in these processes. He is not the final authority in these matters. The Planning Director does approve administrative actions that occur within the department, but if any member of the public is not in agreement with these decisions there is an appeal process through the Board of Appeals. The main point of this is that the Planning Director does not work in a silo, but there are checks and balances in place in all these processes. The Planning Director also relies heavily on his staff to advise him on his recommendations and decisions. I again ask to please confirm Mr. Zendo Kern as our new Planning Director. Thank you. CHR KIERKIEWICZ: Thank you, Deputy Director. Any questions for Mr. Darrow? I know that some testifiers brought up handling former clients of Mr. Kern's, and so I just want to make sure that Mr. Darrow is able to adequately address that. Ms. Lee Loy your light was on, go ahead. MS. LEE LOY: Yes. Thank you, Chair. Mr. Darrow, thank you for being here. How long have you been with the Department of Planning? Page 31 PC-2 January 19,2021 MR. DARROW: I've been with Planning Department for over 22 years. MS. LEE LOY: Where did you start? MR. DARROW: I started as a Zoning Inspector. MS. LEE LOY: And what level is that? MR. DARROW: That's as far as—it's not very high. MS. LEE LOY: Entry level. MR. DARROW: Yeah, it's pretty much entry level. MS. LEE LOY: And then where didI know and you had to check with your wife, you were looking to retire. Where did you retire? Or would have retired from what position? MR. DARROW: That would have been the Manager of the Planning Division. MS. LEE LOY: So over those years you've worked from the ground up, learning all the different disciplines and/or vetting processes that go through the Planning Department. Whether it be subdivision action, and regulatory. And so when you provided the backdrop of the checks and balances for Mr. Kern, it comes with incredible insight from years of dealing with people within and over the counter of the Planning Department. Is that an accurate statement? MR. DARROW: Yes. MS. LEE LOY: Okay. Chair, I yield. CHR KIERKIEWICZ: Thank you, Ms. Lee Loy. Ms. Kimball. MS. KIMBALL: Hi, Jeff. Nice to see you again. A quick question. What is your understanding in your conversations thus far with Mr. Kern about how these potential conflicts of interest will be identified, and who's going to make that determination? And I'll ask Mr. Kern about this in more detail, but I want to understand your understanding of that. MR. DARROW: At this time there are a number of applications that Mr. Kern has submitted his withdraw representation. Those applications are still pending. Many of them were actually returned, and re-submitted with new representation. But we're aware of those applications, we've created a spreadsheet that identifies whatever particular process it is. Whether it's a Planning Commission permit there was a number of short-term vacation rental type permits. Some of them are Page 32 PC-2 January 19,2021 going to appeals, those are pretty well known. We have those documented, and we have them listed. Those immediately bypass Mr. Kern, and come to myself. If it was a Planning Commission permit that was previously represented by Mr. Kern, again, it would bypass Mr. Kern and come through my preview to take a look and to give a direction to the staff. MS. KIMBALL: So I just wanted to be clear that you're tying the potential conflict to the projects themselves, or you tying it also to former clients? MR. DARROW: At this time Mr. Kern is creating a list of clients that would further help us to identify any possible conflicts. The question that I think we have is, and this is I believe one of the main reasons for Mr. Kern going before the Board of Ethics, was to determine what length of time there is that you can kind of say that okay, there's been a time that past that I can make a fair and objective decision. I do not represent this person anymore, or this entity I can make a fair and objective decision going forward. And that was the direction we were hoping the Board of Ethics would give us, going forward. Until that time, until we have definitive direction again, we identify who those clients were and I would be able to work on those particular applications. MS. KIMBALL: One final question, Chair. Looking at both of your resumes, and your description of your experience, and Sue kind of brought some of that out, in many ways I actually see pretty identical knowledge sets. You're both very familiar and comfortable with the regulatory end of planning. Jeff, are there any gaps in Mr. Kern's experience and background knowledge that you think you feel specifically, in addition to the regulatory components of the job? MR. DARROW: I'm sorry, I missed that I feel or MS. KIMBALL: Yes. I'm curious how the two of you fit together. Like for an example like DPW (Department of Public Works) and Ikaika Rodenhurst and Merrick. Merrick provides some gap filling for Mr. Rodenhurst and I'm wondering how interaction is in this situation? MR. DARROW: As I had mentioned in my testimony, I've worked with Mr. Kern over a number of years. And mainly it's been as a Planning Consultant, and a County employee. Over the years of my experience you get to a point where you're very familiar with projects around the island, and so I'm able to bring that knowledge. So if an application comes forward without even looking at it, a lot of times I have some background and knowledge on that particular application or some background on the history of what's been going on with that. In working with Zendo, we work together, we've always worked well together. I found Mr. Kern as always being reasonable in my dealings with him, even in very difficult situations where the department was again, providing an unfavorable or negative recommendation. He would try to do the best he could to seek a Page 33 PC-2 January 19,2021 resolution, or to find what he could do better to make it so things may go better for his client. Again, I see that same passion, that same energy in the short time that I've been working him. He has a vast amount of knowledge, in certain areas beyond what I have. And again, I think that what I have and what he has, with us combined would be a really good team for our County. MS. KIMBALL: I yield. CHR KIERKIEWICZ: Thank you, Ms. Kimball. Checking in with Kona, any questions for Mr. Darrow? MS. VILLEGAS: Aloha, Mr. Darrow. I just have one question. Thank you for your years of service, and expertise. Were you familiar than with the Aina Le`a project? MR. DARROW: I'm familiar with it, but it is not a project that I have worked. That is not one of the projects that I've worked personally on. MS. VILLEGAS: Okay. In your realm of knowledge or understanding, has Mr. Kern worked at all related to that project? MR. DARROW: In my experience, I don't recall him ever being associated with the Aina Le`a project. But again, that's just from my limited knowledge of the people that Mr. Wessels may have reached out to help him with this project. MS. VILLEGAS: Okay. Chair, is it appropriate for me to ask that question from Mr. Kern right now? CHR KIERKIEWICZ: Yes,just that one question. I do want finish up with Mr. Darrow. MS. VILLEGAS: Okay. Mr. Kern, can you answer that question for me? MR. KERN: Hi, Council Woman Rebecca Villegas. No, I was never hired by Aina Le`a, Mr. Wessel's, or anything else in my entire time. Had no association with that project. If I had I would have recused myself. Thank you. MS. VILLEGAS: Okay, thank you for clarifying that. CHR KIERKIEWICZ: Any other questions from Kona? Okay, seeing none. Mr. Kaneali`i-Kleinfelder. Page 34 PC-2 January 19,2021 MR. KANEALI`I-KLEINFELDER: I just need to reiterate the point that, Mr. Darrow with all due respect. You've been appointed sounds like to the Deputy position, Deputy Director of Planning Department, correct? And the person who appointed you would be, the man sitting right next to you, correct? Zendo Kern. MR. DARROW: Right. I believe with the Mayor's blessing. MR. KANEALI`I-KLEINFELDER: Well with the confirmation of the Council, yeah? Because we have yet to confirm him, he's an Acting Director. My objection is that you've been appointed to a position and you're coming in to provide your experience in the Planning Department, which I highly respect. Yet, speaking on behalf of the Director appointee, to me is a questionable behavior by the Administration from, you know, standards, from ethical point of view, from the morality point of view. I have to question whether this is correct, and that is why I chose to object earlier. I do find it questionable, that we're allowing what I would consider to be testimony on behalf of an individual by members of the County when this is normally something we do not do. So I'm just stating that for the record. With all due respect Mr. Darrow, I really appreciate you, you've helped me over the years. But I find this method of testimony to be objectionable. And I may be the only one, but I truly feel this is not the correct way to do this. So with that said, that's my only point for you, everything else you said, you know, I appreciate. I appreciate your experience, and everything you know about Mr. Kern, but it's the method that this is being done. So thank you for your time, thank you for being here and I needed to state that. MR. DARROW: Thank you. CHR KIERKIEWICZ: Mr. Richards, you have the floor. MR. RICHARDS: Thank you, Chair. Thanks Jeff, for being here. I'm intrigued by the fact that you decided to defer retirement, to come back. And it's no secret you and I don't agree on everything, which is okay. Because while we don't necessarily agree, we try and seek the common ground to go forward. And so I appreciate that. Mr. Kern's before us for confirmation, and you've been in Planning long enough to see the good,the bad, and the ugly. And obviously if you decided to come out of planning, excuse me come out of retirement to go for another potential four years, you see something that you thought maybe there was something there that you didn't get done, but maybe could help contribute going forward. And I probably value that more than most of the other testimony, because you've been in on the trenches on that. Page 35 PC-2 January 19,2021 And this synergy that you said you worked with, Zendo, I also find very intriguing. Because we've had projects that we've been on the opposite side of the opinion going forward. So the fact that you are actually here saying, you know, I think there's good common ground here, is something that I think we need to be listening to very carefully. I don t agree with what Mr. Kaneali'i-Kleinfelder said about you giving testimony necessarily, because I think what you're doing is you're stating some very valid opinions here that need to be listened to. I'm sure going forward, I'm not going to be on the same side with you on all our conversations going forward. But to that, what was it that you thought you could contribute? And just real quick Chair, I don't want to absorb a lot of minutes, but just a quick simple statement of what youI mean coming back out of retirement is a big deal. So what pulled you back? MR. DARROW: I appreciate your comments. Thank you very much, Councilman. It was a very tough decision. I struggled with it, but as I mentioned in my testimony that I really believe strongly in the Mayor's direction for this County. And I believe very strongly in his choice for our department, and when I—you know, again, not to belittle, or you know—I've worked with Zendo on many projects, and I know not only Zendo but many people that are frustrated with certain processes that are in place. And I believe that brings—what he brings as well as many others, they bring a perspective that there can be change for the better. There can be processes that aren't so restrictive, and limiting, and lengthy, and what we hear about all the time. I feel that I can assist. I believe strongly that this Planning Director can make those changes, and I believe I can assist in that process. MR. RICHARDS: Okay. That answers it very clearly for me, Chair. We have a director that has the will to get it done, and you have the nuts and bolts of working so many years in planning that you can help assist to get this change that we so desperately need. Okay, that makes all the sense in the world to me. I've got to tell you I was a little concerned with you coming as deputy. But I can support this team. Okay, thank you, Chair. I yield. CHR KIERKIEWICZ: Thank you, Mr. Richards. Any other questions for Mr. Darrow? Okay, seeing none. Thank you, Mr. Darrow. MR. DARROW: Thank you. CHR KIERKIEWICZ: Mr. Lord, please continue. ACTING MAYOR LORD: Thank you, Jeff. Mr. Kern has taken an oath to uphold our federal, State, and County laws. He is working at the guidance of Page 36 PC-2 January 19,2021 Mayor Roth. He is following the directives of Mayor Roth, within the laws that we are governed by that you, the legislative branch, preside over. Should any question as to Mr. Kern's performance, or any other director in our County arise, we ask you to please bring it up to Mayor Roth or me for follow-up. We all want, including Mr. Kern, the best for our constituents of Hawaii County. And as Mayor Roth repeats, we're looking forward to changing the philosophy of government to creating a government that allows people to thrive and succeed. Mr. Kern embodies that philosophy, and he is already a part of a well-selected, experienced professional cabinet. He has performed diligently, and carried out the directives and philosophy of Mayor Roth since December 7h. We have received a great deal of positive glowing reports, and feedback from both within the County offices and from the community on both sides of the island. With that, we ask that the Committee to confirm Mr. Kern as Planning Director. Mahalo for the honor of being here. CHR KIERKIEWICZ: Thank you, Mr. Lord. Mr. Kern, would you like to address this body? (Note: At this time, Acting Planning Director Zendo Kern came forward to address the members of the Committee.) MR. KERN: Yes. Thank you, Madam Chair. If I may—would you mind if I take the mask off? CHR KIERKIEWICZ: Sure, no problem. MR. KERN: Thank you. Good afternoon Madam Chair, and members of the Planning Committee it's truly awesome to be here. I'm humbled, I'm honored, taken aback at times, brought the tears of moments, it's been an interesting, interesting journey for me to come to this place. As many of you know, I was born in a little shack in North Kohala, little shack, piece of land. Family group moved out to Puna when I was about one and a half. I grew up out there. I grew up going to Pahoa School, for the most part as you know form my CV (Curriculum Vatae). That shed a very interesting perspective, because at that time going to Pahoa School it was rough, really, really, really, really, rough. We didn't have the Charter Schools at that time. It was get out of the car and survive. It was filled with anxiety; it was heavy duty. Many of those guys that would wait for me that would impose their will upon me, we see each other now we give each other hugs. To come from a place of feeling a lot of negativity in one's heart, to understanding that, getting through that. To finding that compassion, surfing, hangout on the beach, shed something inside of me that I would never change. There was a time that I was upset with what I had to go through, now I wouldn't change it for the world. That was the beginning. Page 37 PC-2 January 19,2021 So I didn't have this opportunity that many folks do, to go get a formal education. I grew up dirt poor in the middle of the jungle. So I was able to educate myself three miles from the closest water source or power source. Deep, deep, deep, in the heart of Wa`awa`a, where the mosquitos would be so thick, they would carry you away if you were to go on the outskirts. So it was serious. So over the years after that,that changed. Now I delve into construction, into planning, into land-use, into business, and I developed myself over the years by doing, doing, and doing, and doing over again. Learning from those mistakes. As you can see I've been diligent about that over the years, I've had a tremendous amount of experience with projects, with land-use, with government. I feel like I kind of have a bit of a sandwich if you will. On the front end it was a bit more development heavy, doing the stuff, administrating through the, you know, Planning Department, Building Department. Dealing with various subcontractors, multiple contractors, getting projects through that are all planning related that I was responsible for. To being on the Planning Commission, which I got to serve on for three and half years. As you know the Planning Commission, is a volunteer commission. During that time I got the chair for two years, I don't believe I've ever missed a meeting. Because I really, really felt very passionate about that. And then I had the opportunity to serve on the Council. What I'm saying, is that in between was all this government experience. Understanding how the government works, where that comes from, and then my time on the commission furthered that. Excuse me, my time on the County Council furthered that, and chairing the Planning Commission furthered that as well. After that time I've been in private practice, working with many clients around the island on various projects. Ninety-five percent all planning related, we have dealt with DPW (Department of Public Works) with some regard, but minimally. My firm wasn't a big firm, wasn't a large firm. So we dealt with a lot of smaller folks, a lot of mom and pop shops, definitely had some decent size projects. But we helped solve land-use problems for folks, we would go through the rezoning process to allow somebody to subdivide their property. So they could give it to their kids, their family. We fit this midway niche, or whether it be a large project in Ka`u working to get lots for coffee farmers. That's somewhat of the journey to get there. My minimum qualifications have been questioned, I feel like I've been vetted time and time again. I think it's pretty well-known, the Roth Administration is pretty packed full of attorneys. And I would say, they're all very serious, very respectable, very extremely above-board attorneys. So when they vetted me at the onset that felt amazing, I feel like I've been vetted over and over again. I'm Page 38 PC-2 January 19,2021 happy to answer questions around that, I'm not going to get into a lot more detail on that at the moment. Conflicts, I'm getting a lot of conflicts. I've been getting a lot of attacks on character which has been quite interesting. I'd like to maybe back up a second. It probably is assumed that as soon as a Planning Director position came up, I ran over there threw my resume in there and said I want to be the Planning Director, I got to be this guy, I got to be this guy, I got to be this guy. It wasn't that way at all. I sat there, I thought about it. People had asked me, I knew I'm qualified, I knew I had the unique skillset to actually do this job. But I also knew from being in politics, stepping back into this position in a public position, it would come with a fair amount of heat. It would come with having to deal with these things, it would come with people hurting you. As you all know. I'm not sure if I wanted to deal with that, I know I'm capable of doing it. But overall I sat there and I processed and I grinded my brain, and it was probably a few days before the cutoff time was, that I actually said, I would be interested in this job. Because I wanted to process it, why did I do that? I didn't need the job, I wanted the job. I love this island, I am born and raised here. I work my heart out to do this, and I know I can do a good job. I know I have the unique skillset, from the perspective of dealing with a wide array of people and understanding land use. I love land use. It's funny I talk to people about land use, and you get this eye glaze over, and it's like they'll nod. I know you have no idea what I'm talking about, but I'm happy to talk to you more about that. I have had the opportunity to speak at the University, I've been asked to speak there multiple times with various people. I got to talk to them about land use. I have had the opportunity to speak at schools when I was on the Council. One of the things that was neat when I would speak at schools to the young kids, I could stand there and say I had less than any of you, and I worked my butt off and if you do the same you can get it. And what I say, is go to college if you can. I didn't have that opportunity. So I think by selecting me doesn't say you don't need to, it just says there is a path. And if you work really hard and you do the work, it's an opportunity for you as well. I want to talk about conflicts, for a second. One of the things I want to do real quickly though, is it's been a lot of things said I'm not going to get into all of them. I've had the opportunity to either focus on the negative or positive my entire life, and I've always chose to focus on the positive, focus on aloha. That's where I'm going to come to, so most of it I'm not going to get into. But I was accused of showing up at a Kohala Ranch Community Association meeting, they said that I was there. The fact that is, I have never been to a Kohala Ranch Community Association meeting in my life. Page 39 PC-2 January 19,2021 Okay, I have the sign-in sheet right here, also pulled the records on my calendar that day, and it was a full calendar. My last meeting was 4:00 that day in Hilo, with a particular gentleman. So I was even like well shoots, I guess technically speaking I'm not even sure what time this happened. Somebody could accuse me of having that meeting in Hilo, and running over there. So I'm looking at the writing, and it supposedly has my name right here Zendo Kern, right. Doesn't look like my handwriting at all, so in my bag I had my notepad and so I'm like let me cross reference this. So I'm looking over here, and my handwriting which isn't that great and this handwriting are not even close. And I'd love to pass this around if it helps, but I mean you can look at just the number two there and my number two they're not even close. So I'm happy to address that further, I wasn't there. Somebody signed my name in there. I wouldn't do such a thing like that, it's just not something I'd do. If they ask me to be there, I'll happily be there. But I'm not going to go a community association meeting that I'm not invited to and sign in it's not something that I'd do. So that's something I did want to address, because that was just right there not even beginning to be truthful. Always been very interested in ethics and integrity. My belief in ethics and integrity, is it works because you practice it when no one's looking. It's not something that works, when you practice it when only people are looking. I have many stories to share about that, but one that's very simple. One point and time I was selling a piece of equipment, and the guy wanted to buy the piece of equipment. And he said I'm going to buy it, and I'm going to pay you cash. And I said, okay, I'd rather not but fine. So the guy paid me cash, and I counted out the money. And it was more, he gave me more than he was supposed to. This is weird, so I counted out again, it was still more than it supposed to. So on the third count there's more money there than it supposed to, so I took the difference of the money and I handed back to him. And I said I'm only charging you x, you gave me this, I'm not sure if you're trying to pay extra. But I don't think you want to, here you go. He's like, "Oh my god, brah, I cannot believe you gave me that money back." I couldn't sleep all that night if I had kept it, it's not something that I do. It's just simple as that, like there's an opportunity, it could have easily been "whoop." But ethics works because you practice it on a consistent bases. And that's something I have tried to do my entire life. So there's an issue of conflicts, Deputy Director Darrow spoke about that. I won't do conflict, it's not something that I do. I been walking within the department, somebody would bring up something that I thought might mention about me or a project. I said, don't' even talk to me about that,talk to Jeff Darrow. He'll get the entire list of all my applicants, all the projects, that's why I sought out the Board of Ethics. To say hey, can you give us more guidance can you give me more guidance on how to navigate this? So that's in the process, Page 40 PC-2 January 19,2021 but at the end of day I don't want to touch anything that I had represented, or even have the appearance of impropriety. So that's something that I just am really cognizant of, and diligent working to ensure that doesn't happen. I have a lot of people looking at me. I have the Mayor's Office, very serious; I have you folks; and I have an entire staff. And if I'm going to be an effective leader, I cannot have them seeing me thinking that I'm doing something that isn't right. I have to be there, in order to be an effective leader. I think the department is amazing, we have so many great people working in there. I've seen diligent work, and I'm really looking forward on bridging that gap. It's also been said that I don't have much of a work ethic, which is interesting. I wake up between three and four o'clock in the morning, generally speaking I'm in the office at 5:30. This morning I was a little bit late it was about 6:10. I'm early morning guy, don't talk to me after 8:30 at night, I'm probably sleeping. But I frontload my days. I work hard. Average days in the office have been 10 to 11 hours. Not afraid of working, come in on the weekends never been afraid of that. And it's been quite an honor working in that department like I say. Amazing folks. So I've also been told that I represent various interests, and I do represent a lot of different interests. An entire county. I represented my clients to the best of my ability just like a good attorney would, and now as, you all willing, as Planning Director I'll represent the County to the very best of my ability. But to say I represent interests is very interesting in the tonality that it was done. So as you can imagine the last couple of weeks have been interesting for me, it's been a lot of negativity coming my way, been a lot of challenge on character, and it's been an interesting process internally. Then I heard the waves are getting big over the weekend, so I said it's time to go get into. So I went over to the west side, and I linked up with some of my friends that I grew up with. Guys who went to school with me and we went and surfed. We surfed some fun, big waves got pounded, got some good ones. But at the end of it, we all sat down and we hadn't talked for a while. Because as it was mentioned before I lived in Kapoho, I grew up surfing Pohoiki. I'm a surfer without a home, my home my surf spot got taken. So I can relate to folks that are worried about natural resources, about surfing spots, about beaches. Beyond what most people can't, because I had that perfect spot and it's gone. So we sat there and we reminisced about growing up, and the dirt floors at times, the tarp roofs and hodge-podge scrap wood put together so we could get by. There are roots that go in deep, that are so humble that my friends, people that I grew up with. And I'm not saying I'm doing well, that's the interest that I look at as much as anybody else. I see the broad range, and what I've always looked for is what's good for our island, what's good for the next generations coming up, Page 41 PC-2 January 19,2021 what's good for our kupuna. We do that,the rest of it is taken care of pretty well. So I sat there with them and just said hey, you know, they were pretty stoked that I got to be in this position it's pretty neat. They know me, I told them some of the opposition that I've had. They don't get it,they can't get it. Because they know me, they know me from being in the water,they know me from school, they've known me my entire life. Those are the folks that I would say, I represented if anything. And if I do then I'm guilty for that, I'm okay, with that. I will also say that I would have loved to be here during the first hearing, I did have a pre-vacation schedule with my daughter, who I haven't seen in a year because of COVID. She was going to come out during the summer as she usually does. I wasn't going to have her sit in her room in quarantine for 14 days. So that was my window that was my time to go see her. I did, and I would not have changed that for the world. It was a beautiful thing. I'm sorry though we're having to come back here, and do this again. But thank you, thank you, for allowing this. You know, moving forward I just want to do the very best that I can do. And do hard work and find balance. I've always been a balance guy. Whether it be on Council, whether it be on the commission. Sustainability to me is about balance, it's a full circle it's environment, culture, economy, socio-economic state; the entirety of it. There's no one without the other. And that's what I'd like to bring, and there's a lot of work to be done. I'm ready to continue to do the work, because I'm already in there doing it. And it's been exciting and I'm really happy to answer any questions. There's been so much stuff going on. I thought about writing out this whole narrative. And then I said, that's not really my style, my style is to speak from the heart. That's what I've always done, I speak from the heart. That's who I am. And I'm happy to answer any questions, at this point and time. Thank you very much for the opportunity. CHR KIERKIEWICZ: Thank you, Mr. Kern. Opening up for questions and comments from my colleagues. Kona, would like to kick things off? MR INABA: No. No one here at this time, Chair. CHR KIERKIEWICZ: Okay. Any brave souls in Hilo? Ms. Kimball, thank you. MS. KIMBALL: I'll do it, right on. Alright, thank you both for being here. You have experienced my questioning process with Mr. Rodenhurst, so please expect the same today. With the understanding that I appreciate that our Mayor, has the authority to appoint directors that share his mission. But it is our job to vet. And I do want to make one comment here, I appreciate that a whole boatload of lawyers have looked at this but we get to vet. We ultimately get to vet, and that's what today comes down to. Page 42 PC-2 January 19,2021 I'm going to start with you, Mr. Lord. Some of the questions have already been answered, but did you know that this appointment would be controversial to the Mayor's Office, think it would be controversial? ACTING MAYOR LORD: No. There was questions asked way back when we were discussing that he was the top candidate, but I did not know it would be controversial. MS. KIMBALL: Okay, thank you. I have made no secret of my concerns about this nomination, with the understanding that you guys would take those and address them. And I think that's fair, I'm all about fairness and you have done a lot of that. The one thing that message that I did not get from Mayor's Office, was why was this candidate, Mr. Kern, so compelling in terms of the Mayor's vision for the County moving forward? ACTING MAYOR LORD: I believe that when the selection committee went back to Mr. Roth, he would ask of course why they selected him. And there was a group of and somebody referred to seven, I thought it was seven or eight candidates. And of course the response was that he was number one, that it was unanimous. And that with the information given to the selection panels for the different positions about Mr. Roth's philosophy, beliefs, and his vision for the County, Zendo seemed to tick off 100 percent of the points, for the selection committee. So when that information came back to Mr. Roth, it confirmed that the selection committee had made a great choice. Then he had a conversation with Zendo, and that's when he felt like Zendo was the right guy for what we're doing with our Administration. MS. KIMBALL: Thank you. And it is unfortunate that the Mayor is not here, and we all of course wish him the best. I'm sure this is tough for you to represent him in this way, but vision beliefs of the Administration, those were the two boxes checked. How did that align? What vision and belief did you think Mr. Kern has that aligned with the Administration vison and belief for this island? ACTING MAYOR LORD: Well it wasn't exactly my vision and beliefs, it's the vision and beliefs of Mr. Roth. MS. KIMBALL: Understood, yes. ACTING MAYOR LORD: So when Mr. Roth was in his campaign, he would repeat a lot of what his beliefs were, some of which you heard today. Treat employees, and the people that come to get help from us at the County as you would treat your own family members. Ethics, integrity, do things in a transparent way, let's help government move forward so that those people coming Page 43 PC-2 January 19,2021 to us can get the help they need without being bogged down in so much process, but still meet all the expectations and all the rules. Let's work together as teams, let's meet, let's communicate, and let's not work in silos. You know, you're not just doing your department, and you're doing your department, we're going to work together to do all those things. And a sense of aloha for your fellow workers and for those that are coming through the door. That should be the key at the beginning. And after that it was making sure people have the qualifications for the specific jobs they were doing, and experience to carry those out. Other than that Mr. Roth would have to answer at some point in the future. MS. KIMBALL: I know there's a lot of things about this particular issue that are challenging. Thank you for your response, I'm trying to get at intention. Mr. Kern, thank you for being here, nice to see you again. What do you consider the role and the authority of the Planning Director within the department, within the County? MR. KERN: The role of the Planning Director as stated in the Charter, is to advise the commission, advise the council, and advise the Mayor. But ultimately, I feel it's my philosophy is, you know, PPP, as far as People, Policy, Process. My first and foremost is to ensure that the people are being taken care of, that is both within the department as well as the public. We are an Administrator, we are in charge. We have six divisions if you include Lava Recovery with six managers, so I work with them. We're looking at basically all functions within the department, so I'm looking at efficiency. So overall, I'm kind of the CEO (Chief Executive Officer) if you will, right, Chief Executive. We're running things giving the direction, and giving guidance, administering policy. We definitely give direction on various applications, so there is that. And I have an example of one that came through if you'd like to look at that. Managing the budget, which we're very tight on, right now. HR issues, business issues, meetings, Planning Commission meetings. Our department actually handles Boards of Appeals, but there is as a veil within there. So it's basically over seeing all that ensuring that there's proper flow, ensuring that things aren't bottle-necking, ensuring that we're obviously being above the board that we're meeting all the laws. And sometimes making challenging decisions. MS. KIMBALL: So MR. KERN: If I could just real quick? MS. KIMBALL: Sure. Page 44 PC-2 January 19,2021 MR. KERN: So for example, day three in the position there's an application going forward on the Kona side, I'm not going to get in details of it. But it was to do with the shoreline area, and there was a particular sandy beach located adjacent to it. I looked at it when the person came in and I said, as it is right now, are we ensured that sandy beach will be intact if that is approved for the work that they want to do there, which is coming through the department. And at that moment we weren't sure of that. So I told them if we're going to go with what it is now, I won't support this. This will be a negative recommendation from the Director. He wants to pull back look at this and ensure that beach will stay based on the work that's there then we can look at it. So that's something right out bat, where there already is direction going. I don't make that final decision, Planning Commission would make that final decision, but certainly for direction. MS. KIMBALL: That actuallyI'm going to jump ahead in my list of questions here because there's an article Summers et. al. from 2018: "Failure to protect beaches under slowly rising sea level,"which we know is an issue. The basic conclusion of this article is that even though we had the costal hazard management guidelines from the federal level and most of the County level policies, and all the counties in the State, were in alignment with that. What happened most frequently was that the Planning Department and the Councils like ourselves allowed exemptions that did not perpetuate the goals of the costal hazard mitigation process. So what do you think about that? MR. KERN: I would say, Act 16 furthered that. That just came through this last legislative session. So I think ensuring, or protecting our coastal areas is of the utmost importance for me, absolutely. There's a lot of existing properties and striking a balance between, you know,property protection is certainly something that we will be faced with over the years. Because it was previously existing there and people's property rights, but again we only have one set of natural resources. MS. KIMBALL: So how comfortably with takings in that context? MR. KERN: Can you give me an example? MS. KIMBALL: From an example of eliminating some entitlements in order to meet coastal hazard safety guidelines. MR. KERN: If it's going ensure public health and safety is obviously top for me. So if it's a public health and safety issue, then I'll work with that. If it's a natural resource issue like beaches and whatnot,then I'll work with that for sure. MS. KIMBALL: Alright, thank you. Back to my previous line of questioning. I'd like you to elaborate on why you were seeking this position, I know you spoke to that briefly but you said that, you know, you don't need this. It has been a huge Page 45 PC-2 January 19,2021 hassle, and I'm sure difficult to put yourself out there. So please expand on why you're seeking this position, and what you think you can do in this role. MR. KERN: Sure. Quite frankly I've beenI got to the point where I was very frustrated with government of all sorts. You know, it's been an interesting few years and I've often said that, you know, we need more people to get involved, and that whole consistent conversation. I found myself saying that with an opportunity right there. And it's just like, "Okay, are you going to do what you say you're going to do? Are you going to actually step up, and do what you think people should do?" And when I look at the perspective the unique skills set, and the time we're in I know I can do it beyond. And when you know you can do something, and you have a heart of service, you're compelled to step to that. And so I am compelled to step up to that, I surrender to it, and here I am with everything I have. Shut down my business, canceled all my clients, and I'm here doing the very best that I can. Because I know in my heart,that I have the skills to do it from a planning, from an administrative function, and all of that. But beyond that,the heart of being here, that's something I just feel in my bones that I know I can do good. MS. KIMBALL: Okay, thank you. Why did you become a planning consultant? MR. KERN: Why? MS. KIMBALL: Um-hmm. MR. KERN: I love land use. Started loving land use when I was like 24, getting into development working on Lupino Center and other various projects. And the complexity of how this invisible almost intellectual property element, actually unfolds this whole growth in development of our entire island. Like everything that was created and built here, was all based on land use. And to understand how that works, and every move that we make actually moves down the way. So growing up here seeing how hard it is to actually make it here, and then understanding that there's land use elements around that. It's very, very, very interesting like affordable housing for example, land use element is a very, very, big component to that. So for example, Puna. We have a lot of substandard subdivisions out there. Those were land use elements. Although most people would say, they weren't the best land use elements. However, they also created an opportunity for a lot of folks that I know who actually built their own home. So then we have this other element, and now we live in this time with so much more complexity and challenges, economically,just a cost to build something. Page 46 PC-2 January 19,2021 Land-use is just absolutely fascinating to me. I love everything about it, it's hard to explain. Just the steps to go through a rezoning, like how does that link up, right. When you're dealing with the GP (General Plan), the CDP (Community Development Plans), you know, (HRS Chapter) 205, Coastal Zone Management, like all of that. How do you actually figure this out, even in the area that works that you're supposed to do it? When you're challenged with sewer, when you're challenged with water, when you're challenged with, you know, impacts to surrounding properties. How do you figure all this out? I love solving problems. And land use is a giant challenge, and each element of it is unique. I mean obviously into more, you know, long-range planning it's different, than say a variance or rezone. So it's all these components to it, which is like I say extremely fascinating from the General Plan down to a variance because somebody built their house in a setback. MS. KIMBALL: Okay, thank you. What is the process, how does one become a planning consultant? MR. KERN: Well I would say on the onset, you could say you're a planning consultant, right. How does one become a successful planning consultant, I think is a different question. And that's one where I'll be more able to answer. You understand land use policies, you understand how to work with people, you understand surrounding properties, you understand government. You know how to work with, whether it be a commission, whether it be Council, whether it be a department. And if you don't understand those land use policies, you're not going to get very far. If you don't understand how to work with people, you're not going to get very far. So one becomes a land use consultant by being in it, doing the work. So starting into 2003-2004 all the way through getting the various doings, trainings, commission, council, consulting, you have to know what you're doing. In order to be successful, you really have to know what you're doing. Otherwise it's not very fun at all. MS. KIMBALL: So is there a certification process, licensing, exam, anything like that? MR. KERN: No, you don't have to. There's various things you could go seek out, but there's no requirements like that, no. MS. KIMBALL: Are you affiliated with any of the professionally recognized planning organizations, such as American Planning Association, American Institute of Certified Planners, is there a Board of Ethics Associated with planning consultants? Page 47 PC-2 January 19,2021 MR. KERN: I am not affiliated with any of those. If we hadn't been so busy, I probably would have spent more time doing that. I was mainly just serving clients, working on that. I'm actually not sure if there's a Board of Ethics on that, I've always just held myself to certain standards of ethics. MS. KIMBALL: You understand why I'm asking, right? MR. KERN: Of course. MS. KIMBALL: Yes. Okay, thank you. Your experience that you have on your resume is a consultant, as commissioner, seems to be primarily regulatory an expeditor and deliberate view of plan projects going through entitlement and plan approval review. Do you have any education, training experience in formulating or authoring or leading planning initiatives such as the General Plan? MR. KERN: During my time on the commission and council, but—can you ask that again? MS. KIMBALL: The meat of the question is, what experience, training, education in personally formulating authoring or leading planning initiatives such as the General Plan have you engaged in? MR. KERN: We've done master planning. I've done a review of the General Plan, I've worked with the General Plan, and I've worked with the Community Development Plans. But in private practice, we have not had the opportunity to author a plan like that. We didn't do a lot of work for government agencies, where you'd probably be hired to do something like that. Again, we worked for a lot of charter schools, smaller folks. So dealing with the general plan on a daily bases, dealing with community development plan on a daily bases. Authoring them, no. MS. KIMBALL: Okay, thank you. Would you briefly share the experience, and relate how that you would qualify to lead the Planning Department. And then, in formulating new planning policy using the state-of-the-art planning and design tools beyond what is currently being used in our County. What I'm asking—let me clarify because I could see the physical look on your face. Oh, thank you. Can I finish this question? CHR KIERKIEWICZ: Yes, please. MS. KIMBALL: Okay, thank you. What I'm trying to get at is, from my perspective, the Planning Department has two primary functions. There's this regulatory permitting oversight sort of role, and then there's this other more long-term what is our island going to look like for our kids and for our grandkids, right. Page 48 PC-2 January 19,2021 MR. KERN: Correct. MS. KIMBALL: You clearly through the consulting process have this other piece, and with Jeff's help, you know, got it twice over. My question then is, what kind of experience can you bring to that other part of it? And I realize that you're going to have whole team of people to work with, but with great power comes great responsibility, right? MR. KERN: For sure. MS. KIMBALL: And you're going to be in a position where you have the opportunity to do really wonderful things for the island, but you also have the opportunity to really screw things up. And we have seen in this island and other islands, planning gone bad. MR. KERN: Sure. So basically what am I going to bring for the long range planning side of this, great? So for example we have the General Plan amendment coming up right now, right? That's being in the process. I've been involved in that, I've been reviewing it. I understand it, I can tell you complexities on both sides of the existing GP to the current General Plan. I can go through the land use maps, and I can tell you what's working and what's not working. And there's been areas where we have urban expansion, which it'd be technically more of a medium-density to high-density Urban. There was an area that we've had more growth. Right now, that's kind of looking to be taken away and some of those areas got turned into low-density urban on the first round of map for example. Looking at that map and seeing low-density Urban, connecting that up to the, say Kona Community Development Plan and seeing that's a TOD note, a Transient-Oriented Development note, and seeing that its low-density Urban, for example. I called out that would never work. You can't have low-density Urban in a TOD note. In order for a TOD note to work, you need at least medium-density Urban. Because you need to have multi-family housing, you have a commercial component, and you can have single-family residence outside of that. But what we're looking for is walkable, livable, recreational areas within the urban core that a TOD note would be. So you could actually catch bus, you could live, you could work, and you could go out to the park. So that's just one example that we would look at. Long range-wise, I think having grown up here plays a huge role in that seeing how things have changed. Understanding the components of affordable housing. So that's a big one, right, that we're going to be moving forward. We have a housing crisis. So how does that General Plan relate to that? Well it's going to focus where the development occurs, it's going to focus where the infrastructure would occur. Page 49 PC-2 January 19,2021 The General Plan I think is one of the most important documents that this entire island has. And it actually helps direct each of the departments on where things should go, such as parks, such as water, such as infrastructure, so we can get, areas that we actually get some affordable housing in. Affordable housing is partially going to be the General Plan, but it also going to come down to mathematics. So if we don't have the infrastructure in place with the General Plan is supposed to be driving, we're never really going to achieve that goal. It's also the way that we're protecting, and preserving our, you know, important agricultural lands, our conservation lands. It's how we keep sprawl from occurring. And then we get into the whole complexity of say, you know, special permits and whatnot which gets much more vague. On top of that we have a wonderful team, of planners in the long-range division that work with as well. But I have no doubt,that I have any problems with that. MS. KIMBALL: Thank you. Thank you, Chair, for your leeway. I appreciate it. CHR KIERKIEWICZ: Absolutely, there will be more rounds of questioning. Mr. Richards. MR. RICHARDS: Thank you, Chair. And thanks, Heather. Good conversation. You set a good stage. Zendo, put on the table, questions proposed about the short-term vacation rentals and the potential conflict of interest of you coming in for permitted use of short-term vacation rentals. You represented them. What's your position as far as going forward? I know you said you've shut down your business and stepped away with anything that you had any involvement with. Is this what Jeff was referring to, as far as keeping a master list of things coming forth? MR. KERN: Yeah. I have a list that was compiled, and that I'm going over for any redundancies or deficiencies to make sure it's 100 percent. That list will be there. So if it's a vacation rental client that I had worked with, I'm not working on it,just not dealing with it, period. Like I say, the first day somebody else was walking through talking to the various people in the department and somebody may say, How about that." And I would just stop them, "Don't even talk to me about that. That was one I've seen, it's not something I deal with anymore." MR. RICHARDS: Okay. MR. KERN: So as far as I won't, I don't deal directly with any previous clients. MR. RICHARDS: That's still something we're going to have to come back, and we're not done trying to figure out the short-term vacation rentals there's still more to work on that. But I appreciate that answer. Page 50 PC-2 January 19,2021 MR. KERN: And there's a concept around, you know short-term vacation rentals from a 30,000 foot view, but which I think is a conversation that's continuing to go. And then there's the immediate ones that I had worked on. I have no problem with that. And want to continue the greater short-term vacation rental conversation with you folks. MR. RICHARDS: Which I agree, we have to have that further. Aina Le`a, this is in my district, and it taps into the comment you made about the affordable housing. We have estimated numbers all over, anywhere from 25,000 units needed by 2025. So we can pick a number somewhere in there. We are way behind the eight ball, as far as affordable housing. Aina Le`a was put forth, we all know there's a lot of baggage there. Recently that came out with a rescinding of the stop work order, and I know this has raised some eyebrows. I'm interested in it, because it is my district. But I want it to be done well, and by the book. And so why the shift in policy, can you answer that,please? MR. KERN: Sure. At the onset of taking the position, I was asked by the Administration to look into this project. As you know, there are buildings that are built and this is for affordable housing. We have buildings sitting there, right. And so I looked into it,there's multiple lawsuits on this property. And one thing that we had was we had an opinion, or we were given a letter from Aina Le`a folks by Mr. Matsukawa, their attorney, for this last lawsuit that were in, basically explaining that we will be able to basically grandfather in,just the affordable housing component of that and it's a quite lengthy, you know, legal opinion from their side. So we had our Corporation Counsel look through that and review it. They vetted it and said that actually works, sent it to the Administration, and said this is a path that we can do to get the affordable housing going on it. Affordable housing only, and everybody looked at it and said this actually works for the affordable housing component. So that's when we said that we could legally let the stop work order and put people back to work and get affordable housing going now while they're going through the rest of the process. MR. RICHARDS: So I'm puzzled. Because this was something that again, my district, and I've met with the people and trying to figure out what to do with it. There's a court ordered as I understood, a court ordered they had to re-author or redo the EIS (Environmental Impact Statement). But then what I'm hearing is that it was determined that we could, and I'll use the term bifurcate meaning peel off the affordable housing portion MR. KERN: Correct. Page 51 PC-2 January 19,2021 MR. RICHARDS: And that the EIS of that is acceptable, but for anything further they're going to have to do the EIS again? MR. KERN: Actually per the legal opinion and case law, that the actual affordable housing component would be exempt from the EIS requirement. MR. RICHARDS: So it's the fact that's affordable housing? MR. KERN: It's the affordable housing that does it, it's not the project. It's because that this component is affordable housing, that's where we have the case-law that they cited. And that's where it's exempt. MR. RICHARDS: Because it's affordable housing? MR. KERN: Because it's affordable housing. MR. RICHARDS: Okay. Because I was having trouble understanding that. MR. KERN: It's only for the affordable housing, and it's because of the affordable housing. MR. RICHARDS: Okay, alright. So that answers that question for me. Thank you. I do appreciate the fact that you talked about being positive, and previously we had some Commissioner's come through for approval. Any time they talk about being positive, or agriculture, I kind of pick up on that because the only way you can stay in their culture is if you keep up positive attitude. And so I appreciated that perspective. Affordable housing, this has got to be a big deal for us, and I don't think anybody on this Council would argue that point. Where are with that in your mind, and this Administration I guess? MR. KERN: I know the Administration is extremely supportive of affordable housing, that's why we look at a way to get Aina Le`a moving. There are actual vertical buildings built, houses ready for people to occupy, and jobs there. So outside of that, I'm a huge proponent of affordable housing. Affordable housing is a mathematical equation. How do we get units that somebody can purchase for around $400,000 and live in it? And when your infrastructure costs alone could be $150,000 to $175,000 for one lot that challenges that mathematical equation. When we're so challenged for wastewater, again, and water. So I think talking about affordable housing is fun. I think conquering and figuring out affordable housing is challenging, and that's what I want to get into, how do we solve that. And there are ways to do it, like I say it comes down to mathematic equation. How much does your lot cost, how much does the house cost? And partially through our planning process, I think we can help with that. Page 52 PC-2 January 19,2021 But other elements like DOH (Department of Health), you know, our constraints between the Department of Health look, and it goes back to wastewater systems. But the concept of knocking down the silos with the departments, working with housing, working with DEM (Department of Environmental Management), working with DPW collectively to solve this problem is how we're actually going to do it. Because then we're putting infrastructure in areas that we can actually support. How do we get more creative with that? Part of it could be through Building Code. So I'm all about trying to figure out, and I've been trying to do the math backwards and figure it out. That's my kind of the way that I go about it. What does it need to sell for, what does this person have to rent it for, and then how do we get to that? So I have multiple ideas around that. But I'm committed to figuring it out. MR. RICHARDS: Well, and, you know, when we talk about the affordable housing, the AMI (Area Median Income) designation; and you can have 140 percent of AMI and still call it affordable housing. I don't like that, because it's misleading. And we have to have a portfolio, you know, 60, 80, maybe 100 percent. MR. KERN: Correct. MR. RICHARDS: Because I don't like the determination of 140 percent. What is your thought process? Are you going to be tending towards the 80 percent? Orwe can't lock it in, and I know that. But I don't like there's one project that I was aware of is all 140 percent, and that was ridiculous. MR. KERN: Correct. I think having a mix in there is ideal, I like the 80 to 100 percent. Another long-time planner that I was talking to said there's some value in having some mix because you get different, you know, social economics in there. And sometimes it helps raise the bar up, when you have some of the 140's to maybe some 60's in there. And just different styles, and they kind of collaborate in the community and it kind of raisesI said hey, that's a veryI actually believe in that, interesting concept. But I do really feel kind of similar to that, I'd like to see more of that 100 to 80 percent,you know, AMI. It's my feeling, true affordable. MR. RICHARDS: Okay, and I appreciate that. And then tapping on something that Heather had mentioned on. The future, not 10 years from now, not 20 years from now but 50 years from now. I'm sure we'll all be here though. But gunning for that plan, retreat from the coastlines your thoughts on that? MR. KERN: Yeah, when you start moving in that direction, start to gain some ground. So again, Act 16 somewhat is addressing that. Are you somewhat familiar with that? So yeah, that's someone addressing it. I think moving Page 53 PC-2 January 19,2021 towards that is absolutely a critical element. Like I said, there may be some tough decisions that are made within there that will affect private property rights. But yeah, I think we need to look at 50 years, 60 years, a 100 years into the future and understand what we're putting in there is going to be safe and sound to best of our knowledge and best of our ability. And I might be there, I mean with technology and how long we're living now days. I better be prepared. MR. RICHARDS: Well I appreciate that, you know, especially Keaukaha side. We have roadways, we have wastewater plants. Ali`i Drive same problem, and they're essentially at sea-level. Maybe going up on us, so I think we need to examine that. And then just a comment on something that Heather also said, you know, I've used this as a quote, "Planning for the future." We actually know what we're going to look like. If we don't plan for our future we're going to look like Maui. If we really don't plan, then we'll look like Oahu. And so I think we can keep that in mind as we go forward. So I appreciate your comments here and I just heard the bell. I appreciate Zendo, go ahead. MR. KERN: I believe we have a unique opportunity right now to shape that future, and it's certainly not too late. MR. RICHARDS: Okay. I appreciate that. Chair, thank you so much. I yield. MS. KIERKIEWICZ: Ms. Lee Loy, you have that floor. MS. LEE LOY: Thank you, Ms. Kierkiewicz. Zendo, thanks for being here. And everyone knows, planning really is my passion. And so I wanted to talk to you a little bit about, the director memos that are issued within that department. And I have incredible heart burn, over what is probably six inch binders of director memos. And in my humble opinion, that's been rule making without going through the rule making process. How are you going to address that? MR. KERN: Well I am currently going through the memos, and there are many. Some memos are just little bit direction on policy, some memos are more rule making. So what I'd like to do is take the memos that are more rule making, and begin to put those into code and send them through the process to codify them. There's basically the framework sitting right there from the memos. And it's interesting to see the different memos from different directors, and how they relate and how they sometimes don't. So it's kind of neat because you get this history around it, and I think it's actually going to help provide a sound process to codifying it. Because as you folks know very well making laws is challenging, and we don't always understand the impacts that those are going to have. So in a way we get to kind of see how some of those would work, how they haven't worked during different Administrations, which would hopefully help us move forward in best manner possible. Page 54 PC-2 January 19,2021 MS. LEE LOY: Yeah, I'm going to look forward to that. I think when I stepped into this job in 2016, I went to your Acting Deputy Director and said we're going to do a comprehensive overhaul of(Chapter) 25; repeal and replace. And he was like, "Whoa, slow down Sue." So I am, I'm going to push hard on looking at comprehensive overhaul of Chapter 25 along with Chapter 23 which is our Subdivision Code. MR. KERN: And I support that, and that would come in my opinion right after the General Plan. General plan has the framework, and then we do the code audit and get into Chapter 25 and 23. Which is another area that I really believe can help affordable housing, especially say Chapter 23 which deals with subdivisions. Right now somebody goes to an affordable housing project, they might have to do 201H application to get certain exemptions. My feeling is and Administration's feeling has been that if there is a clear this is a 100 percent affordable housing project there could be provisions within Chapter 23 that allow for us maybe some little bit different standards to keep the cost when it meets that specific criteria, so you avoid having to go through a whole another process, which will then again, lend itself well to affordable housing. But only for like 100 percent affordables. MS. LEE LOY: Thank you for that, which leads into our building permit process. We worked really hard to condense, you know, all of our construction codes into one area. And there is a school of thought that we should provide a bright line of compliance and building codes if it were specifically a 100 percent affordable. What are your thoughts behind creating various building codes to dovetail into an audit of Chapter 25 and 23? MR. KERN: I would support that, in some latitude within building codes, very much. I have a lot of opinions about building codes actually. And I think there are ways to keep cost much more reduced, and my time from doing building I understand that quite well. So I think those two go hand in hand. And then getting DPW (Department of Public Works) involved as well from an infrastructure standpoint, and getting Housing involved. But yes, without it all connecting together it's going to be challenged, it has to all come together. And that's where this Administration like the silos situation and throwing stones to be like housing this, or housing that. We don't do that anymore. It's hey, come to the table let's talk story, let's figure this out. MS. LEE LOY: Mr. Kern, you currently serve on the Water Board, or you stepped away from that? MR. KERN: I've stepped away. I technically currently serve as a defacto member as a director, but I resigned. Page 55 PC-2 January 19,2021 MS. LEE LOY: Right, thank you for bringing that position up, because as a member of the Planning Department and a member of DPW, the director sits in ex-officio capacity on the Water Board. Your experience there at the Water Board, and how you hope to use that as tool to do what your vision is? I hear this all the time, we're breaking down silos. MR. KERN: Absolutely. MS. LEE LOY: And so I want to hear your thoughts around your service on the Water Board. And how you hope to achieve the breaking down of those silos, between what we know is the challenge for affordable, or obtainable housing. Which is water, infrastructure, and zoning. Share with me that thoughts. MR. KERN: Well the time on the Water Board, certainly shed some additional light into the situation for me understanding what's going on there. Right now, the Water Department is primarily with the budget that they have is focused on maintaining their existing system. So the Water Department isn't in the business of expanding new systems. That's somewhat of a challenge, and I think that comes back towards, you know, the Administration and the Council to find ways to do—whether to do improvement districts or do bond floats to fund certain areas. And I think that's the challenge that we deal with, with DWS (Department of Water Supply). And with all due respect is that it's more so we got our systems, we've got a budget, it's the lowest utility that we have and we maintain our systems to the best of our ability. And if you want to talk about expansion, it's a tough conversation. So what happens is the expansion is generally put onto the landowner, the person doing the project, or the developer. And if it's a big project they can do it. If it's a small or medium size project it doesn't work. So I was thinking there's got to be more ways to do it. So something that I brought up is an area within say the Department of Water Supply service area, say there's 1,000 lots and they allocate all these water units towards these thousand lots. But only 200 lots are actually built out in there, but somebody wants to do an affordable housing project right by there, could we actually allocate some of those water units over there knowing that it's probably not going to be developed for 30 or 40 years and somehow of capacity over here. There's another idea that I had of maybe charging more per water unit for somebody actually doing a project versus just your own, you know, your own home on there. Our costs for water units and meters are much cheaper than other counties. But I think it's going to come down partially to us, I mean the Administration and the Council, finding ways to put in the infrastructure to support affordable housing and projects. That's what it's going to come down to. Page 56 PC-2 January 19,2021 MS. LEE LOY: Share with me a little bit of your vision on the General Plan and then the various Community Development Plans that are all kind of tied together. MR. KERN: Yeah. So the General Plan is in works right now. I've reviewed it. It's going through another round. Currently the next phase is to be meeting with the various departments and going over the General Plan. So right now with the existing one I'm gathering more information, reviewing the maps. There's a bunch of map work that's being done that they're starting to send to us. So I'm curious to see how those are shifting. The way the maps were currently, I was having was having some heartburn with. Especially that example that I gave, there was a bit of that going on. So I want to look at those again. I think there's a lot more work to be done on the General Plan. And I think having the Administration look at it with this vision is critical because we have a new Administration, we have a new vision, we have a new direction. So to look at it again, where does it link up, great; where it doesn't link up, let's adjust that. But I think just basically reviewing it and moving forward with it in some capacity as soon as we can is critical. But it needs to be done right. I don't want to rush it. We've got to talk to the stakeholders, we've got to talk to large landowners. There's a lot of work to be done. To get it, we've got to go through a whole other round of public comments and input and then you folks with have the opportunity to discuss that as well. MS. LEE LOY: Can you share with me a little bit of the various over-arching plans like climate change, our Mass Transit master plan. How are those other plans being dovetailed into the General Plan? You talked about receiving maps and kind of giving it a critical look. MR. KERN: The climate change component is going to be critical in there because it's going to be set in policy. It's how we're looking at that 50-year mark. This is supposed to be a 20-year plan. But really it needs to be addressed, you know, 100 years. And all of these need to be components within the General Plan. That's why I think the General Plan will actually get quite a bit longer or some version thereof because we're going to put more in there. And I think we should have a narrative of why we're doing that in there. So that's the time to start addressing that and looking at that; same with infrastructure, same with wastewater system, same with sewer systems, same with water systems, same with, you know, critical road infrastructure that we have. All those need to be in the General Plan. Civil Defense, it was really neat. We had our Civil Defense briefing. One of the gentlemen there was really all about the General Plan and how important the general plan was for Civil Defense. And I like that guy a lot. Page 57 PC-2 January 19,2021 MS. LEE LOY: You know, I mean you mentioned the hard infrastructure. I want to know where our natural resources kind of overlay in all of that? MR. KERN: I'd say the natural resources are critical there. That's why the proper planning within the urban cores is essential. That's where I think the general framework of the General Plan—we're not taking the existing GP that we have that says, you know, Kailua-Kona. For example the Kona CDP (Community Development Plan) calls out the urban area for Kona. The General Plan needs to work with that. So that's how I feel we do keep our natural resources to the best of our ability, by focusing our development in these areas that call for the development. There are many safeguards in place now, too. You know, from SHPD (State Historic Preservation Division) to the SMA (Special Management Area), Coastal Zone Management. People can't do what they used to do for the properties that are there now. So I think incorporating all of that comprehensive from cultural natural resources, hard infrastructure, social economics, all of that needs to be addressed in the General Plan. MS. LEE LOY: Thank you for bringing that up because this is really my last question and it really is related to SHPD. For a long time a lot of our planning documents kind of were stalled a lot through State Historic Preservation Division. And I know our Planning Chair, Ashley Kierkiewicz, worked really hard with State Historic Preservation Division (SHPD) and specifically Chapter 6E. And I wanted to know how you see some of those cultural impact statements, how they're being viewed through this regulatory process. MR. KERN: AIS's (Archaeological Inventory Surveys) or cultural impact statements? MS. LEE LOY: Actually both. MR. KERN: Both. MS. LEE LOY: So I'm glad you know. MR. KERN: And you referring to Archaeological Inventory Survey, preservation plan, burial treatment plans and you're referring to the process in which they're reviewed and the time, and how they can then sometimes go into the ether and we can wait a year MS. LEE LOY: Yes. MR. KERN: For affordable housing. Okay that is certainly an issue across the board. So what we've looked at doing is SHPD has a review time period. An Page 58 PC-2 January 19,2021 archaeologist will submit the AIS which is an Archaeologist Inventory Survey. They'll submit that SHPD, SHPD will review it. SHPD doesn't generally get into actual contents, say, "Hey, you missed this site" or"You missed this." The archeologist says, these sites were found, here's what we recommend for it and here's the process in which we think. SHPD will review it and they say, "Hey, we'll agree" or"Adjust this spelling" or "Adjust this language" and they're not really talking about substance for the most part. So my thinking is that if it goes over that period of time, we review the AIS for example, and if it's a reputable archaeologist that's done everything then the person needs to comply to those standards and we can move it forward. That's why there's a time period there. If SHPD wants to work with us on that or they send us letters to say, "Hey, we're reviewing that and we'll get back to you guys in 20 days." We'll wait a minute on that. But that's a way to keep things moving forward and the safeguard in place is that you're hiring a professional archaeologist to do that. I think it's where the Planning Department getting into second guessing them and say, "Oh, you don't need to do that." That's where we'd have a serious problem that we'd never do. We rely on them as SHPD does. MS. LEE LOY: Yeah. Thank you, Mr. Kern. I didn't have this opportunity when we were going through our DPW (Department of Public Works)to really kind of dive in to some vision. So I do appreciate your answers and where you hope to take the department and how that fits into all the other departments in which we're trying to break silos down with. Chair, I yield at this time. CHR KIERKIEWICZ: Thank you, Ms. Lee Loy. It's 6:32 p.m. right now. I'm going to call for a recess for folks to use the bathroom and also to get some beverages. Folk, looks like we need a little bit of a caffeine jolt. We're on recess. See everybody and 6:40 p.m. Recess: At 6:32 p.m., the Chair called for a recess. Reconvene: The meeting reconvened at 6:42 p.m. CHR KIERKIEWICZ: Aloha. It's 6:42 p.m. and I am calling the Committee on Planning back into session. We are still questioning the nominee for Planning Director. And I wanted to make sure that I'm providing ample opportunity for colleagues island-wide to participate. So I did want to check in with colleagues in Kona to see if they had any questions for the nominee. MS. DAVID: Mahalo. Chair, this is Maile. CHR KIERKIEWICZ: Hi, Chair David. Go ahead, you have the floor. Page 59 PC-2 January 19,2021 MS. DAVID: Thank you very much. Mr. Kern, mahalo for being here and thank you for allowing me several weeks ago the opportunity to talk story with you. And so today I have witnessed and listened to a lot of testimony or support for your position. And I appreciate hearing that. I really have to note that this is highly unusual in a confirmation kind of setting that I've been experiencing with the amount of support that I'm hearing. And I appreciate that. I appreciate your views on how you would address certain things if it came before you as a Planning Director and what your vision is for carrying this County and its planning priorities. And so in listening to all of that I am reminded, I had to be reminded why I feel I am here today, and that is to address what our Charter is directing us as Council Members to do, is to establish or determine in our own opinion and verification of your qualifications. And we've been hearing from everyone that you've been vetted by our Human Resources and I respectfully say, according to Director Brilhante, it's an unofficial opinion. And so based on that I'm still left with what I believe my responsibility is in trying to see or get a clear picture of your qualifications. So I just have a couple questions. The Charter says that"The Planning Director shall have had a minimum of five years training and experience in a responsible planning position or a degree in planning, engineering, geography, or another planning related field." That's the first part. Can you tell me how do you satisfy that portion? MR. KERN: Yes, Chair David. So the Charter is broken into the two categories, right? It's one or the other. So clearly, I have the five years of training and experience in a responsible planning position. I did supply the supplemental information and explanation on that. If we just go back to my consulting time, I have six years there. I was responsible for all planning elements, land use applications, master planning, employees, budgeting, et cetera. Prior to being on commission, there was at least five years there that we did a bit more development albeit but still planning, doing primarily—well many different projects but one of the large ones was Ulupono Center in Kea`au which was a large commercial development that involved land use planning applications, Department of Public Works, and the entire process all the way through from start to finish on that one. So there's about 10 years there with all of that having administrative capacity. And then if you take my time on the Planning Commission, three and a half, and Council, I would think that would put me over and far exceed the minimum qualifications. MS. DAVID: And that would be in your private consulting and your experiences in that arena, right? Page 60 PC-2 January 19,2021 MR. KERN: Yeah. I would say that even if you took out my time as Planning Commission and Council, from the time that I was-2004 to say like, 2010-ish, actually 2008. That was there. And then my private consulting practice, yes. MS. DAVID: Okay. And the three years of experience in a responsible planning position, you're contending that's also your private? MR. KERN: Yeah. When I think about responsible, I'd say I've had multiple responsible planning positions. Being responsible for projects, I was responsible for planning, being responsible for feasibility studies, master plans, et cetera. I was responsible for all of those as well as employees and all of those functions. MS. DAVID: Right. MR. KERN: I would say if you put me into the Planning Commission I would be responsible there. Albeit part of a body where the other ones, I was solely responsible for those. MS. DAVID: Okay. And then "No less than three years' experience shall have been in an administrative capacity." So do you feel that your administrative capacity in your private sector fulfills that part of the Charter also? MR. KERN: Yeah. If you—depends on how you want to define administrative capacity. If you want to bring it under the government side, then I would have administrative capacity in Planning Commission as well as County Council. The way I look at administrative capacity is are you actually an administrator of the operation or business. Are you dealing with HR (Human Resources), are you dealing with budgets, are you dealing with compliance, are you dealing with, you know, worker's compensation, taxes, all of those components that's administering a business, I would far exceed three years of that experience in any one of those capacities. MS. DAVID: Right. So in the private sector or in your private business you definitely feel that you've accomplished and you have that administrative capacity? MR. KERN: Absolutely. MS. DAVID: My question is in reading this I assume that they're talking about administrative, a government administrative position. And that just where I feel that when the Charter talks of a Planning Director and the administrative responsibilities and qualifications, to me it ties into a departmental position that's being sought after. And let me explain to youI'm having a real difficult time in figuring out whether your personal or your independent business would fall Page 61 PC-2 January 19,2021 within, in my mind, the administrative requirements for this job in the Planning Department itself. And the reason I'm having difficulty is because I just looked at, for example, the other three counties, when in their Charter for the Planning Director they do have a reference that designates that the experience should either be in public service or private business or both. So two counties, I believe it's Maui County and City and County of Honolulu, makes that distinction so that the assumption that you can include experience in the public sector is also included. And that's where I'm having some really difficult decisions on qualifications because that. Regardless, I appreciate all of your experience. But regardless that is what we are being charged to do today, is to determine whether in our mind, satisfactory to us in our own mind, whether this fulfills the qualifications fulfill the terms of the Charter. And on Kaua`i,just as a note, at least three years of which shall have been in an administrative capacity in charge of major planning activities. So I raise these questions because I appreciate your experience, I appreciate your sensitivity to this island and everything we stand for. But I'm looking and I'm having difficulty in trying to see the qualification aspect of this according to the Charter. And I just wanted to let you know that. That that's what I'm looking at right now, and that is my difficulty. So aside from that, Chair, I think I'll yield. I just wanted to convey my concerns and my difficulties, despite what we heard today for hours about the qualification aspect. I kind of see it in a different light. So that's my difficulty, Mr. Kern. So thank you for listening. Mahalo. MR. KERN: Thank you, Chair David. CHR KIERKIEWICZ: Chair David, do you mind if I invite Corporation Counsel Renee Schoen forward to talk about the Charter. MS. DAVID: Sure. CHR KIERKIEWICZ: Thank you. (Note: At this time, Assistant Corporation Counsel Renee Schoen came forward to address the members of the Committee.) CHR KIERKIEWICZ: Ms. Schoen, there's questions being raised about, you know, the definition of administrative capacity. In your opinion, please enlighten us. MS. SCHOEN: Renee Schoen, Assistant Corporation Counsel. I just wanted to actually read the exact language from (Hawai`i County Charter) 6-7.2. It says, no less than three years of experience shall have been in an administrative capacity. So my concern is, listening to you, Council Chair David, is that it appears as Page 62 PC-2 January 19,2021 though you're adding language to the Charter. So there is no definition regarding administrative capacity within the Code, within the Charter. So, you know, I justI'm hesitant and it kind of pricked my ears when you're looking at other Charters and what they require. Our Charter is very plain language. Conversely, if you want to look at the IT (Information Technology) Director. That director actually specifically requires three years administrative and managerial capacity in a technological environment. So that's very specific. But here, for the Planning Director, the administrative capacity is just general. So I would say that you can use, you know, whatever administrative experience that the appointee brings, and consider it. CHR KIERKIEWICZ: Thank you for that insight, Corporation Counsel. Anyone else in Kona? MS. VILLEGAS: Can't tell how much we look forward to having our chambers back in order. CHR KIERKIEWICZ: Ms. Villegas, go ahead. You have the floor. MS. VILLEGAS: Thank you. Okay. Mr. Kern, thanks for all the stories and the heartfelt testimony that you've shared with us today. It sounds like our childhoods were very similar in a lot of ways. I really appreciate the passion that you have. And obviously, you are well-versed in the vocabulary and talking about the different issues and the different departments. For me, you know, I have issues with how the Charter is written and whether or not you meet those qualifications. Something that's become kind of evident to me through this whole process and much of the dialog and conversation is the difference between being a professional planer and a professional property developer. And I, you know, did a bunch of research and I have a number of definitions here that I printed out. According to the American Planning Association, "The Planning Director of a local county or state government directs planning initiatives and typically reports to a town or city manager." In our case it's the Mayor. "Planning Directors are often given a significant degree of flexibility in accomplishing their tasks." Then there's a list of typical functions and knowledge. And what I'd like to point here, and this is according to the American Planning Association, under minimum qualifications is that"The position level requires a master's degree in Urban Planning, Public Administration, or a related field and a minimum of eight years of progressively responsible planning experience. Generally, four years of experience must be in a supervisory capacity." And that's to be a planning director of a local county or state government. So to me, I was trying to get a broader understanding. I recognize that our Charter is kind of vague in that, and those who created it seemed to have a lot of struggles in the terminology that they were going to use. Myself, I'm looking for Page 63 PC-2 January 19,2021 kind of best practice. When I look at what a professional planner does, "Planners develop a plan through analysis of data and identification of goals for the community for the project. Planners help the community and its various groups identify their goals and form a particular vision. On the creation of a plan, planners identify the strategies by which the community can reach its goals and vision. Planners are also responsible for the implementation or enforcement of many of the strategies, often coordinating the work of many groups of people. It is important to recognize that a plan can take a variety of forms, including policy recommendations, community action plans, neighborhood plans, regulatory and incentive strategies, or historic preservation plans. So what I gather here is what planning entails. Now when I look at what does a property developer do, "a property developer has the responsibility of visualizing, organizing, and carrying out construction or renovation projects for commercial or private use. His or her job description entails negotiating with property owners, real estate agents, investors, lending institutions, banks, insurance companies, architects, lawyers, general contractors, government officials, other parties." You know, a property developer, essentially the end goal is of making a profit on a particular project. I see the difference here. You know, a lot of different people that have come and testified today on your behalf represent construction companies, and real estate agencies, and builders. And that makes complete sense when I read that a property developer forms a significant aspect of the real estate sector. They fulfil the critical need for infrastructure and areas like housing, office space, retail, entertainment, etcetera. I see that you possess the skills and a lot of the character and personality attributes, but actually many of them are very similar between a planner and a developer. But the intentionality and the purpose and the training and the focus and the vision of a planner is different than that of a developer. And that's where I also fall back to the qualifications in an administrative capacity of being a property developer versus being a responsible planner. They don't—they are different. One is to serve a community and to plan for the future of the community and one tends to be more in alignment with profit margins and direct economic impacts to a bottom line. And as much as I want our economy to recover from this, I would be remiss to not represent the concerns and the voices of those in my district who are very concerned about your appointment to this position and the belief that you don't meet the qualifications. And did I hear a bell? CHR KIERKIEWICZ: Yes, Ms. Villegas. MS. VILLEGAS: Okay, with that I yield. Page 64 PC-2 January 19,2021 MR. KERN: May I respond briefly? CHR KIERKIEWICZ: Please, Mr. Kern, go ahead. MR. KERN: Thank you. Thank you for your comments, Council Member Villegas. I would say on the first category that you put down for a planner on there where you had the master's degree etcetera. I don't think majority of our previous Planning Directors would meet that qualification either. The distinction between the developer and the planner, I respectfully disagree. I would say more on the front end back in the early mid-2000's, I would say it was lot more towards development with planning. And for the last six years it has been 95 percent planning; hundreds of clients. I don't deal with the development; they're not part of the projects. I'm not dealing with financing. I'm dealing with planning in our community and how those projects relate to the General Plan, the Community Development Plan, Chapter 205, how it's going to affect the neighbors, how it's going to affect the long-term effect on our island. That was 100 percent all planning. I couldn't put myself into that category of a developer during that period of time. But I do understand what you're saying there, but I had to make that clarification because the last six years I haven't been a developer. I've been a planner representing hundreds of clients. Thank you. CHR KIERKIEWICZ: Thank you, Mr. Kern. Ms. Villegas, did you want to respond? MS. VILLEGAS: Yeah, I guess in your work—so you're saying that you were a planner and you worked representing the short-term vacation rental clients? MR. KERN: I've represented Charter schools. I have quite a list. So, no I'm not pinpointing it to the short-term vacation rentals. That was a component that we worked on, certainly. But we could say, Volcano School of Arts and Science (ASC), Christian Liberty School, master planning ASC in Pahoa, multiple subdivisions. The list is pretty long of various applications and land use processes. All from a planning perspective that I have no skin in the game other than representing my clients as a planner with the best intention of the island and the community. And that's where in some cases if an application wasn't going the right direction, we would pull that and withdraw the application because we are sensitive. MS. VILLEGAS: I really appreciate your list of, you know, such clients like that, and intention to serve them in what you believe is a planning capacity. You know, this whole process has been really—I've actually had somebody who was the Director of Planning for a city in the San Francisco area for Page 65 PC-2 January 19,2021 15 years. He's been watching today's proceedings and has been reaching out and saying how it's unnerving actually, today's events and all of the different testifiers. And I appreciate Mr. Kaneali`i-Kleinfelder's attempts at point of order and trying to bring certain things back into being alignment about a certain qualification or a process as opposed to kind of giving unofficial badges. I don't envy your position here, Mr. Kern. This is complex. But in the Administration's attempt, it feels to overcompensate. I personally feel as a Council Member that I've been exposed to excessiveI mean, there are just things that are so beyond the norm that it doesn't work in your favor in my mind. There's an overcompensation factor here that I'll just be honest about that gives me a sore tummy. And I feel for you. You know, we've had some great conversations, and you have a good heart for our community. And you have, you know, I've worked for a gentleman who also didn't graduate from college, and you know, built one of the most successful businesses on the island, if not in the State. So I know that that can be done in that capacity; however, I guess I'm not personally comfortable right now with the state of our County to proceed with your appointment. And I feel for you because of the way that things are written that you ended up in the position without ever getting confirmation by the Council. So, I just I'll leave it there. So thank you, Mr. Kern. MR. KERN: Thank you very much. CHR KIERKIEWICZ: Thank you, Ms. Villegas. Mr. Inaba, did you have questions or comments? Okay, go ahead. MR. INABA: Yeah, I'll make my comment now and keep it in on this side. So Mr. Kern we all know, and we've all heard numerous commentary today from across the island, both in support and opposition of your appointment. And it was said earlier, there is—when I looked through these emails, I don't want to mention the number in opposition. And the emails that I received that are in support are a lot from construction companies and from realtors. So there's concern there. But regardless, I want to stick to the facts. And we've had conversations prior both here in Kona and on the phone. And what it comes down to for me is the Charter. And nothing on the original resume or the additional paperwork submitted by the Mayor's office in my opinion shows that you've had training at all. I've asked for that, actually on my own, and even with the additional documents I don't see the training component. And if you don't have the education, which is fine, the Charter says you need that. Page 66 PC-2 January 19,2021 So the responsible planning position I would say is highly contested by the public, whether you have experience in that responsible part—I don't want to get into that. That's up to whoever is discussing it at the moment. Just as administrative experience is also up in the air, as Assistant Corp. Counsel has said. And I have a written communication from our previous Corp. Counsel Joe Kamelamela. So with that, I think you would do a fine job and you have all the attributes, but I don't get to determine based on what I feel. I will base it with what's on the Charter, and I think it's important for us as Council members to follow what's in the Charter. It's there for a reason. So with that I won't be supporting a favorable recommendation. Mahalo Chair, I yield. CHR KIERKIEWICZ: Thank you, Mr. Inaba. Back here in Hilo, any questions or comments for the nominee? Mr. Chung, you have the floor. MR. CHUNG: Yeah, thank you. Good evening, Mr. Kern. And you know, I do apologize. You know, I know you reached out to me to try to set up a meeting, but you know, I kind of made a decision that for the last four weeks I just kind of leave myself to my own devices already, because we were getting inundated with a lot of things, and I just kind of shut out. You know, I've read emails as much as I could, but I really wasn't talking to anyone, you included. And I do apologize. We had a short chat, you know, about a month and a half ago or whatever it was, but that was the end of that. So this is really my first chance at, you know, asking you questions. You know, in terms—you know, I'm a lawyer, right? And you know, I've never really got to work with you. Right when you left the Council, that's when I came in. So, but you know, we've seen you here at the Council doing your work. You know, as a lawyer, we're required to do pro bono work, right? Do you do pro bono work in your field? Have you done that kind of stuff? You know, for either nonprofits or other types of organizations? MR. KERN: I have, yeah. I'd say my firm wasn't the size so we could do a tremendous amount of pro bono. But yeah, oftentimes it would be for an elderly woman or I did a lot of pro bono work for Kua O Ka La after their school got taken by the lava. MR. CHUNG: Oh, that's the Charter? MR. KERN: That's the Charter School, yeah. They had two campuses. There was one in Nanawale that we actually had a small contract for. But all of the transition work to their new spot at Nani Mau, all the land use, everything we did pro bono. So, yeah, we do some for sure. Page 67 PC-2 January 19,2021 MR. CHUNG: Okay, and you know, the last time Ms. Kimball asked the question of another embattled nominee, Mr. Ikaika Rodenhurst, and it had to do with customer service. Now, I've got to tell you, I call up the Planning Department and I always get this recorded message, okay, so I don't really want to call them anymore. Sometimes I just show up over there. But, you know, you've been on the outside and a lot has been said about you not being on the inside. But being on the outside, what have you experienced as a person who has had to deal with the Planning Department, and what have you learned during the time that you've been there now in trying to improve things? Because we are, after all, a customer service organization, and it's really important. So what's your views on that? MR. KERN: The kind of general perception from the outside is that the phone isn't maybe as answered as often as you'd like, and the email isn't answered quite as quickly as you'd like it to be. There are certain elements with applications that have time constraints on them, and they go through, you know, relatively smoothly. And in some cases there are certain applications that have no time constraints on them, and they can sometimes get caught out in the ether. So that's kind of the outside. Why isn't this just moving along? Why isn't this happening? What is the problem? Move onto the inside, and it also changes. To see the amount of workload; to see the level of kind of being a bit overwhelmed. So for example, one of my Kona days, talking to the clerk there, we had 200 phone calls. I was able to answer 15. I'm completely backed up. My whole desk is stacked full of applications, and I'm just doing the best that I can do. Over there we need another clerk. Hilo, there's basically about one clerk to six or seven staff members. In Kona we have one clerk per 13 for example. In Hilo it's similar where it's just there's so much work to be done on the backside. So part of what I'm looking for is streamlining some of the processes, getting consistency so there's less back and forth, less thinking. So a couple things is streamline the process, and flow of information. I want to work on more training, so we have consistency between Hilo and Kona, because there's inconsistencies right now. One-time review of various applications, and applications that we don't have timeframes on there I think we should have timeframes on there because then there's feet being held to the fire. So I would say I was a bit frustrated from the outside. Inside, there's a certain level of compassion for what's going on there. And I'm actually very proud of the folks working in the Planning Department. My job right now is to help bridge that gap. There's something missing over that desk, and over the phone calls, and over the emails. And part of it is going to be through the flow and consistency of what we're doing there. Page 68 PC-2 January 19,2021 MR. CHUNG: And would you say that your experience, being a person who's worked outside of the department, might help you in that regard? MR. KERN: I would say, it's invaluable right now. MR. CHUNG: Okay, you know, I'm going toI have all of the stuff here in my phone—but there was one testimony, written testimony, that kind of really caught my attention. And it was from a local attorney, Ted Hong. She used to work for Ted Hong, actually. And I guess while you were the Chairman of the Planning Commission, you had voted against one of his projects. It was something up in Kaumana, but nonetheless, you know, he wrote a testimony in favor supporting you. And he talked about him representing the P5'auhau Village Community Association. I guess that's right outside Honoka`a? MR. KERN: Right outside of Honoka`a on the Hilo side, yes. MR. CHUNG: And he said you were hired by a property owner who wanted to resolve a longstanding boundary issue with the association. He met with you, met with his clients at an association meeting, listened to the director's concerns, walked with them to look at the problem and pledged to work with them to resolve it. Over the next few weeks, he and his firm and you and your firm voluntarily took on drafting and editing all legal documents and transactional work which saved his clients over $1,000 in attorneys' fees, and you were very easy to work with. It wasn't a big project and he said he thinks you lost money on the job. But you know, he expressed his aloha. Can you tell us about what went on with that little community over there? MR. KERN: Sure. Yeah, that was a small project but very complicated. A woman owned a corner lot where there were basically two roads winding around it that connected to one. So she had a road on one side, that side, and that side basically creating a triangle. She had hired a contractor to build her home on there with her previous husband. They were no longer together. She went to go and sell the home. And she got a survey on the property and it showed that the house sat over the property line by about four feet. So not into the setback. I'm talking over the property line. MR. CHUNG: Well, maybe we don't have to go into that—real specific. No but your working with the association. MR. KERN: Yeah, so what happened was we had to work with the association because it's a whole P5'auhau right-of-way private road,to maintain a 50-foot right-of-way to allow her to be whole. So we were able to get in there, work with P5'auhau folks, explain what we're doing there because it's kind of interesting to Page 69 PC-2 January 19,2021 say, "Hey can we get like four feet of your right-of-way? And you need to adjust this line." And so we were able to explain in a way that made sense. Do all of the work; make all the property line adjustments;pick up a little piece of property that they needed on their side. At the end of the day, I took a complex situation that was resolved, and it was really neat to work with both sides. And, yeah, it was certainly not a make-money project at all, but it felt really good, and I'm glad that we got to do it. MR. CHUNG: Okay. You know, I'm going to ask you a question and it's not with the intent of putting you on the spot or anything like that, okay. But about week or so ago, I was in my office in the evening actually, and I got a phone call. I mean the phone rang so I unfortunately picked it up, right. And it was person who was calling about this thing. And I tried to explainI think it was a woman, you know, I couldn't really tell—that I'm not talking to anybody about this matter. But she, you know, kept on advancing the complaint that one of the reasons why she and her friends or something were upset with you is that you had contributed campaign funds to Ms. Villegas' opponent. Now, I don't know if that's true. I don't go checking stuff. But this was a lady grumbling about that. And my question, I don't care whether you gave or didn't give or whatever. But if you did are you able to treat Ms. Villegas now with, you know, fairness? That's my point. MR. KERN: Yeah, I actually know Jane Clement who was the candidate at that time. She was Senator Dru Kanuha's Legislative Aide while I was on Council. And I was asked to contribute and I contributed $250 to her. So yes, that's a true statement. As far as treating people fair, without question. Even the folks that have testified against me in a very negative and in some cases somewhat of a mean way, I'll treat them fairly and impartially too. They can come in. As far as the Planning Department is concerned, we are open for business and I will treat you the best that I possibly can. And that's the case across the board with all staff, period. MR. CHUNG: Thank you for being—you know, I didn't want to put you on the spot. Anyway, thank you. MR. KERN: I'm okay with that. Thank you. CHR KIERKIEWICZ: Thank you, Mr. Chung. Mr. Kaneali`i-Kleinfelder. MR. KANEALI`I-KLEINFELDER: Thank you, Chair. Thank you, Mr. Kern for being here so late. Well everyone, for being here so late. I'm not going to dilly-dally. There are two things we have to remember as legislators. We Page 70 PC-2 January 19,2021 have responsibility to confirm Mayoral appointments as guided by the Charter language. That is the culmination of decades of public input. And we must exercise our duty as experienced lawmakers, albeit, we may be from different walks of life, to make the best decisions for our County and its constituents. After countless emails and hours of deliberation and through my own research, I cannot say you meet the qualifications in our Charter. It's that simple. I know you've explained it. I've listened to it. We can go back and forth on definition of administrative capacity. My issue with that, needless of what the definition is, I could say I've had kids, I've administrated over children, which makes me an administrator. It's not quite true. So what Maile David touched on I think holds some weight. We need to look at the Charter for the most simplest and intended language. In the case of the Director position, you have to have administrative capacity, because you're doing a lot of different tasks. Mainly you're overseeing a group of almost a hundred people, like you said, up to about six different departments. All those employees under collective bargaining agreement. You yourself have to be aware of the collective bargaining agreement and as well, kind of craft some language there when it comes to your department. I took the time to look into what different planning positions require in our County. Given the resume that you submitted, you wouldn't qualify for a Planning Position II, because all the positions require a degree, except for a Planner L And as soon as you step into Planner II, it requires "X" amount of experience in a planning position. So given that, I'll just say, Zendo meets the qualifications. I don't think you do, but furthermore, the people that you'd be overseeing would be more credentialed than you. So we can sit up here all day long. We can discuss how to make Zendo qualified. And albeit you had some beautiful discussion points today. You know land use, I get it. You understand it. And personal story, great, we all have a personal story that's interesting. But what we're here today to is to decide whether or not you meet the qualifications. But also, regardless, we don't have to say "yes" if the Mayor makes the case that you're qualified. This Council can confirm or not confirm by its choice alone. So although I completely understand, you know, we're going to make a case that you can't say no to,there's always the human side of it, which is, we're reading the whole situation. I feel in some ways that the conversation I've listened to today was, I think the members of the public are playing checkers, but the Administration is playing chess. Discussions on affordable housing and the need to incorporate the Building Department and revised Building Code along with proper planning decisions Page 71 PC-2 January 19,2021 towards a push to thrive and succeed. And I've seen that that in some people's minds, what is considered progress is going to be developing. Your background in development is perfect for that. Your background in consulting is perfect for that. Others on this island, they do not agree that progress is going to be building and going vertical. Tim touched on it earlier, we see poor planning and we end up with Maui; we end up with Oahu. We have really the last remaining jewel that is yet to be completely developed and built up on. And I think there's something beautiful about that. I appreciate that you grew up in Puna. I appreciate that you have this want to keep our shorelines open. You can do that from a consulting position. You can do that from a planning position. You can also do that from the Planning Director position. And I would ask that of any person who comes in front of us that that be their mindset. That we're not here to just bulldoze, flatten, and build up on the entire island. Because I tell you if we do that, we've done a huge disservice to our children. And that, I can see you feel that. But again, qualification wise, I'm not seeing it. We can try and make the argument,but I'm just not seeing the experience necessary as described by this Charter. And then so, with that said, you know, I'm going to say "no"today. And that's why, you're from Puna. Again, I appreciate all the things you said. You have some really articulated points today on land use. I can see you have that shine in your eye when you talk about it. But I can't say "yes"just based on what's required and based on what you have to do in your position and how important your position is in this County, especially paired with, you know, Building Division, Permitting Division; all of it, it's a whole. And so, you know, I apologize for saying, no. Because I can see that you really want this and you're really going to put a lot of heart into it, but I have to say, no today. Thank you. CHR KIERKIEWICZ: Thank you, Mr. Kaneali`i-Kleinfelder. Mr. Chung, do you have a follow-up question, your light's still on? MR. CHUNG: No, I'm sorry. CHR KIERKIEWICZ: Okay. Any other questions from my colleagues? Ms. Kimball, go ahead. MS. KIMBALL: Thank you. I tried to ask more complicated questions earlier and just to give you an opportunity to get to the answers that I was looking for. And the first question I have to ask is, where's the training? So the Charter says, "Minimum of five years of training and experience." And I know we're going to nitpick over words, but it's "and" it's not or. So where's the training? Page 72 PC-2 January 19,2021 MR. KERN: Well, I'd say I don't have as much formal training as, you know, maybe your normal candidate would have, but I've had quite a bit of training whether it be on ethics, LUPC (Land Use Planning Commission), Land Use training, Sunshine Law training. I've been through a lot of training, obviously. Some I don't even probably remember that I've been through. But I will say for me my training has always been doing. And if you separate doing and training from each other, I don't know how we're actually going to you know, people are going to get anywhere. So what I've done is a tremendous amount of doing. And by way of doing that is training. You move forward, you stumble, you bash your head you get back up. You go again, you go again. It's kind of like in martial arts, it's not throwing a thousand punches, it's throwing the same punch a thousand times. And that's essentially what I've done, I'm throwing the same punches thousands of times over and over. So I don't have as much of that formal training, but I think anybody that would sit down with me and talk about land use, planning, development and all of these elements, would walk away not questioning that. MS. KIMBALL: I certainly appreciate having had the school of hard knocks if you will and learning outside of the box. I would say in my life experience, I've learned more outside of the university than I did in. However, the language of the Charter says, "Training and experience in a responsible planning position." So it is distinctly planning training. And you mentioned a lot of other trainings that you've done. So your response to this is that there is no training in planning? MR. KERN: I've been through various trainings at LUPC's. Do I remember the exact names of them? No. Have I been trained by people during my time in my training and experience? Yes. I've been trained by people, former directors, very talented land use people. And like I said, a lot of experience, all within being in a responsible planning position. I don't think I'd be where I am and had the success that I have if I didn't have that type of training along the way. Because that training ultimately gets you to being successful and knowledgeable, right? There's a reason for the training and that's to get you to a certain place. And I think at the end of the day, we look for a result. There are many ways to get there, but is there a result, right? And I feel that where I am not,that result has occurred with what I'm able and capable of doing. MS. KIMBALL: I appreciate that answer, and I think that, you know, I spoke before about sort of the two aspects of planning. The regulatory, the permitting process, all of those basic decisions that are in Code. And then there's this other aspect that really has to do with the forward visioning for our County. And I think that's where training in an official sense comes into play so importantly. Page 73 PC-2 January 19,2021 It's that I think there's a certain skillset that is associated with planning from the visionary standpoint, from the standpoint that gets us either to Maui or to Honolulu, or to something different. And I find that lacking in this application. I'll give you another chance to speak to that if you'd like. But the other issue again looking at words and the fact that words matter. You talked about responsible last time. And again, I think here we have to look at the context of the word in the Charter. And you mentioned that part of what you see as the role of the Director is this advisory role which you, you know,play to us, to the Mayor. But you actually have quite a bit of direct responsibility. And this is why I think that word is particularly important, and you can't just throw it in front of your previous experience and say now this is a responsible planning position, because what I'm having difficulty with, and I'll let you speak to this, is the evidence of as track record if you will of decision making that has had the direct impact, which is how I define responsible. I would count your time on the commission as that, but when you say you've been there for three-and-a-half years, you know, you meet once a month. So you can't really that's kind of an exaggeration of that. But I can't really count the planning consulting work as responsible from that definition. Go ahead and feel free to share your thoughts. MR. KERN: I obviously differ on my opinion on that. You could throw County Council on there as well. I think being responsible is, are you responsible in a planning position? And if somebody hires you to go through a process whether it be a master plan, or a change of zone, or a special permit, that you're responsible for going through that entire process, dealing with every element that's attached to it, working with the community, and coming to a result at the end of the day. And that's being responsible for that. I think if it's pushed the other way, then the only way that you'd ever get that is having spent a lot of time within government. And that's not the case for everybody. You know, I sit here in a very unique circumstance to be able to do a lot of good, and I don't think that's questioned by many people. And obviously, we can go into those elements or we can go the other way and you folks know you have the latitude to do that. But I feel that I've been responsible for hundreds of people, and their applications, and the process. Some, you know, have been successful, some have been withdrawn, some didn't go that way, but still responsible. I don't know how much more responsible I can get as well as being responsible for a budget; as well as being responsible for employees, and all of the other things that go along with that. Because as you say, yes, I'm advising, but I'm also as you say running the Planning Department, dealing with the budget. Right now, our projection or the Page 74 PC-2 January 19,2021 end of the year is less than one percent variable on our salary and wages. That is finite. I understand that, I'm already in there figuring this out,projecting out there. We've got EnerGov coming up. How are we going to do that? We've got overtime. Here's how much we can budget in overtime. How are we going to make that work? Where else will we get money when we're still trying to cut funds? So I don't know, I've done the very best that I can in my life. My record is what it is. Again, I can sit with just about anybody, and very good at what I do. MS. KIMBALL: I don't disagree with that and I can see your passion as the Council Members have. And having such an affection for land use planning is unusual. I will give you that. And you know, you clearly know the Code and know the rules. I guess the question that comes to mind is that from all of the feedback that I've gotten from my constituents is, can this person make the transition from serving private interest to public good? And that's again tying back to this responsible planning position piece. And so, this is my final question to you, is how do you make that transition? What past record can we look at to show that that's something you can successfully do? MR. KERN: I would say, we don't necessarily even have to go back. We could just take the now and from my time being in there. I'm in there, we're having our meetings, we're moving things forward. There's been a shift on policy moving forward. I think there's a reason by—Mr. Darrow decided to also stay. We're in here, I think you could talk to him or anyone of my managers or any staff that we're dealing with and they'll see, I don't think there's really a transition. I'm not over there like, oh, how do I deal with this. Hit the ground running. Where are we at with budgets? Where are we at with the process, where are we at with applications? Where are with at with, you know, vacancies? How do we fill those vacancies? How do we increase efficiencies? How do we work with HR (Human Resources)? My previous world is just like it's done. You know, I'm in this world 100 percent. There's no straddle. I'm in it every day. I'm showing up at 5:30. We're getting to work. I'm putting in the hours, 10- 12-hour days. Spending time on the west side at least once a week. So I would say, the transition's already taken place and we are moving; we are rolling forward 100 percent. CHR KIERKIEWICZ: Thank you, Ms. Kimball. Mr. Richards? MR. RICHARDS: Thank you, Chair. Zendo, very interesting conversations today and this is more just a statement of what we've listening to. I don't think there's anybody that would argue your passion for it. And I have to agree with Page 75 PC-2 January 19,2021 Heather. It's a little bit weird having the passion that you do for the land use, but that's good. My point is that what we're talking about is whether or not the qualifications are met under the Charter,period. Not comparing to other county Charters, not comparing to other jurisdictions, strictly to our Charter. Then I go back to thinking about when the Mayor was referring to things. And at some point, in one of the many conversations that he's had with Council and all, he said, "I'm an attorney, it's real clear for me, I read the law. And what the law reads is what I believe." And the fact that the Mayor has put you forth after reading this Charter, he believes you meet the qualifications. I accept that. You've heard from our Corporation Counsel. You meet the qualifications. Closer to it, we had testimony from Mr. Fuke. He believes that you have the credentials to be Planning Director, which again I take that as something very serious. Because I don't think—well I know Sid and he's not going to put forth someone that he doesn't believe that is appropriate. But probably closer to it is Jeff Darrow. He's in the trenches. He's not up in the stands, he's down in the trenches, and I believe that he fully with all his heart believes you have met the criteria of the Charter coming forward. So that's what we're discussing here. And so because of all that and that interpretation, we can have lots of conjecture. And if we need to change the Charter, maybe we should, but that's a different conversation. That's not today and not in the here and now. And so I believe what's been presented by the Mayor, by the staff. But like I said, what Mr. Darrow has said, I believe that the Planning Department believes the credentials are there. So with that, I'm going to support you Zendo, because I think you have the credentials coming forward. And I'm very convinced that if you don't do your job well with this Mayor, this Mayor will not be keeping you around very long. And I think that's the checks and balances that Heather, I think you mentioned. And so the credentials are there. Authorities that are sitting in the chairs, give us opinions. I value their opinion. I'm not an attorney, but the attorneys say that, yes, the credentials the minimum qualifications have been met. And so I'm going to accept that. So Chair, I'm going to yield at that point. CHR KIERKIEWICZ: Thank you, Mr. Richards. Mr. Chung, you have the floor. MR. CHUNG: Yeah, thank you. You know, a lot of the talk is on the qualifications. And you know, it troubles me that some Council Members are adding more to the pot than is actually on or contained in the Charter. But, you know, it is what it is, and Council Members are entitled to vote however they want. Page 76 PC-2 January 19,2021 But I wanted to point out this letter. It's marked as Comm. 44.1 from Michael J. Matsukawa. He's an attorney in Kona. Now, you know,this is not something that's susceptible to a legal interpretation. You just use your own common sense. But he did write, and I will say this Mike Matsukawa, if I were Mayor, this guy would be on the real short list for guys who would, you know, be my pick for Planning Director. Kona, long, long, you know, many, many years of experience. The funny thing about it is based on what I hear today, he wouldn't qualify, because he doesn't have the years of administrative experience. I think he does, but based on what I heard today, he wouldn't have because he's only got two years of administrative experience as the Corp. Counsel. So all the years that he managed his law firm wouldn't count. But, anyway, that's neither here nor there at this point. He writes that, "Planning is a multi-disciplinary subject of recent origin. The central focus of which is on land use regulation. Persons can obtain such training and experience through work with government agencies as regulators or through work with non-regulators, like universities, the military, nonprofits, land managers, developers, and lenders. The Charter does not require the nominees' training and experience to be in the regulatory sector or in the non-regulatory sector. Nor does the Charter require the nominee to have a particular value preference to favor or oppose certain concepts or policies." I agree with this statement 100 percent. For me, if I'm going to err on the side of whether you qualify or not, I'm going to err on the side that allows for more potential candidates and not less. I think we hamper ourselves if we try to be too restrictive. But that's just me. The last time, though, I said that there were some parallels between you and Mr. Chris Yuen, who was a former Planning Director, eight years actually, under Mayor Harry Kim. I corrected Mitch when he said that, you know, he had the same qualifications, actually Chris (Yuen) had the administrative experience during his time on the Land Board. But the parallel is this one, when Chris came on board he was known more as an environmentalist, which is good, antidevelopment person, which is not good. In my view you got to be more balanced, right? But yet because he was the Mayor's pick to advance the Mayor's agenda, I deferred. Let the Mayor try, and I will tell you this. And I will tell you this, Chris Yuen proved to be a very balanced and fair administrator. He exceeded my expectations. Yeah, we disagreed from time to time, but you cannot just judge a person at the frontend. Give him a chance. That's what life is all about, giving people chances, okay? But again, that's only my perspective. You know, Zendo, I wish you all the best. I'm going to give you my vote. You know, and basically it's a vote of confidence to the Mayor, who won overwhelmingly. Page 77 PC-2 January 19,2021 I will say this, though, I'm not a big fan of this method that you guys use, okay. I know it was the Mayor's campaign promise, and it was a good one. You know,to have a fair and open type of selection process which you guys did. But then look what happened, you know. He should just pick somebody. Vet him himself with maybe other people, but that's just my thoughts anyway. Okay, but thank you. CHR KIERKIEWICZ: Thank you, Mr. Chung. Anyone else? Okay, great, thank you. Mr. Lord, first thank you for providing us with an update on how Mayor Roth is doing. We really appreciate knowing that he is recovering and will be well enough to join us here in the County, so thank you. Mr. Kern, I have a few questions for you. We've had a pretty robust conversation and it's, you know, divulged into areas that I'm passionate about. The General Plan, updating Chapter 3 and 25, you know, STVR's (short-term vacation rentals). But there's some really critical issues that are important to the district that I represent that I want to make sure that I know where your mind and your heart are at. Recovery, 2018 Kilauea eruption. There has been some progress with development of plans. Some infrastructure for Puna following the event, but there doesn't seem to be a real clear focus and priority for how we proceed. There isn't, I think, a lot of great confidence in community to utilize and leverage their mana`o, as well as their areas of expertise to be a partner in the process to revitalize and recover the district. Because the recovery team is under your purview as Planning Director, how do you plan to refocus this team? How are you going to ensure that there is clear and consistent communication to the community, and that community has a seat at the table? MR. KERN: Thank you, Chair Kierkiewicz. Part of it is the direction, overall vision, and policy of the Administration. As we had the previous Administration, there was a certain direction that we were going. So as coming in while it's under my purview, I'm getting up to speed on all of it. I'm meeting with Douglas Le, who is in charge of that. Going through that process and updating with Mayor Roth. We actually had a really good meeting with Mayor Roth going through the whole process, basically summarizing where we are, what we need to do, where the policy needs to go. And we were about to get further along with that, and then Mayor Roth had to, you know, take a breather for a minute. So in the interim, we have community engagement. We are out there when people are asking for the community. We're working with Lower Puna Rising Page 78 PC-2 January 19,2021 right now, and they requested meetings. We're talking with them. Working with DPW, working with Housing, working with Douglas to bring this together. Met with you as well. How do we bring the legislative body, the Administrative body, our division and the community together? That's in motion actually right now. Had a meeting about it this morning. We have meetings coming up with various agencies to get more data that will help drive the direction, but really it's an open—it has to be an open dialogue and open process that I'm personally committed to, I know the Administration is absolutely committed to. So it's kind of an ongoing conversation. But it's a bit of a reboot at a time when people are very frustrated. And that has been a long while in the works. So in the last meeting we had, I believe it was on Friday, we asked for patience. We're looking at it, and we will be making decisions and actions very soon. And obviously, you'll be a part of that conversation. CHR KIERKIEWICZ: Thank you, that's helpful to know. You know, I just want to stress that with the transition of Administration, it's a great time to hit the reset button. I do want to urge you, though, to have very clear directions around land use policy. We have before the community a potential buy-out program. Many of them are hesitant as to what to do because they do not know the direction of land use policy. So be very crystal clear and timely in the decisions that you deliver to community, and make sure they're a part of it. MR. KERN: That's what we're working on. I would like to say that I don't establish the land use policy. That would be the Administration collaboration with, you know, Council, that's establishing in the policy. I will certainly help administer that policy and we will march forward on that, but I'm not the one who actually gets to dictate that. CHR KIERKIEWICZ: Thank you. Let's talk a little bit about iwi kupuna and the Kumukahi region in particular. You know, I've been working with community partners, Uncle Keone Kalawe, former Planning Director, Lono Lyman to deal with longstanding issues of restoring iwi kupuna for a number of burial sites in the region. And the issue has been not having adequate resources to support community in coming up with preservation plans and burial treatment plans. So,just curious how we can support this community that would like some closure and respect for their iwi kupuna. MR. KERN: I was actually talking to Douglas about that today at our weekly meeting. I think that's an area that we need to get resolution and very quickly. It's an area that can be quite contentious even amongst the general group down there. So I think coming together in a way that we can get those plans and maybe Page 79 PC-2 January 19,2021 having a mediator, intermediary person, so we can come up with a plan that makes the most sense to address those concerns. That needs to get done like yesterday. Unfortunately, it's probably going to take a little bit more time. But that's one of the priorities that I see out there. We've got to talk about roads. We got funding, but that component right there is much more complex and needs to be addressed now and we are working on that. CHR KIERKIEWICZ: Thank you. Unpermitted structures. There are a number in Puna. You know, I want to hone in on places like Cinderland (Cinderland EcoVillage) with multiple outstanding zoning violations. What's your thoughts on that? MR .KERN: We respond to complaints; we're dealing with complaints. One of the things that I've realized being on the other side of it is people can kind of just stay there and pigeonhole up and not move and kind of hold their ground. And then we're limited at what we can do that way, and we have to send it forward to Corporation Counsel, similar to the case that we had on Bayfront where there was that encampment down there. So what I'm seeing is we're going to actually have to go forward and do some of that as far as actual rubber meeting the road enforcement. It's not directly planning related, but it's us pushing that up to Corporation Counsel to take those actions from a legal standpoint. We can't do it. We can just continue to fine, but that's what I think needs to happen. We need to push it up so we'll actually take the action. Same thing with some of the junkyards that we're seeing. Junkyards, some of these camps, all of those need to be addressed. And again, fining only goes so far. We need to go to the next level. CHR KIERKIEWICZ: That's helpful to know,thank you. You know, there was some talk a little bit earlier about the General Plan. The one we're operating off of was adopted in 2005. I think the process to begin the review began in 2014. We're now in 2021. You know, what sort of commitment to resources focus are you having the department commit to ensure that we are able to get this review completed within the first term of this Administration? What's the timeframe you're looking at based on what you know? MR. KERN: Based on what I know optimistically, it's going to be about a year. CHR KIERKIEWICZ: A year before this body or the community sees? MR. KERN: A year before, it'll be at this body. The community should be seeing it probably Q2 (second quarter). Page 80 PC-2 January 19,2021 CHR KIERKIEWICZ: Okay, great. Clearly a number of challenges that you are juggling and trying to adjust. You know, Council Woman Lee Loy mentioned earlier the need to do a comprehensive overhaul of Chapters 23 and 25. You know, last term I had put forward a resolution supporting an audit. And I believe there would have been support from the Administration to fund this, because it's so critical. It's so critical to how we proceed. These codes often are in the way or slow the ability of businesses to thrive and us to develop in a sustainable way. Knowing that we are facing massive budget constraints, how are you going to ensure that we are able to obtain resources to do the overall that is necessary for these codes? MR. KERN: Well, I think running the department well and efficient is one way. And we're going to save money on various things. Utilizing technology is very helpful. We're saving on, you know, travel. We should be saving on printing here. We can get EnerGov going pretty quickly. We have a good relationship with the Finance Department. I think that we'll be able to work on finding some source for money moving forward. But I think instead of having these larger budgets to work with that were normal, we've got to figure out how to do less with more which is something that I'm very good at doing. Spent my whole life doing it. CHR KIERKIEWICZ: Yes, clearly you're very resourceful. Housing crisis, I know that's on everyone's mind. Last term this body this reviewed two 201H applications. Two. It is a lever to advance affordable housing on this island. How are you going to work in partnership with Office of Housing and Community Development, Public Works, and other agencies to ensure that more responsible developers are leveraging this tool so that residents have the option to stay here? MR. KERN: Well, we're going to work very well together. That's the goal, is with all of them really collaborating. So it's with Susan, with Ikaika, we're already having these conversations. The game has changed. Previously, Planning Department would have its stance, Housing would have its stance. If there was a conflict, nothing happened. And mostly at times, there some type of conflict. Now, it's let's all get together, let's figure this out, let's collaborate and figure out a way. Can it go forward, or can't it go forward? But now it's in concert altogether. So now it's moving forward expeditiously if it makes sense. If it doesn't make sense, then clearly it's not going to move forward. But it's such a different world we're operating in right now. It's, "Hey we've got a problem, let's call DPW, let's call Housing." We're all trying to work with each other. Page 81 PC-2 January 19,2021 We're seeing it with bus hub conversations, GP conversations, Housing conversations. Haven't ever seen anything quite like it in my experience with the County. So I'm very confident that we're going to be able to do that, and we'll be seeing a lot more applications in the right area if people are willing to do them. CHR KIERKIEWICZ: Thank you. Last question, two parts. Short-term Vacation Rentals (STVR). You know, this body had approved, created, program positions to support the Administration of the program. Where are we with that in terms of applications, nonconforming use certificates? You know, do we have enough permits in place to sustain the program as is? And what is your position on reviewing this section of the Code? MR. KERN: I think it's definitely needs to be reviewed. I think the law has been made now. We've seen how it's been working and there's adjustments to be made. As far as projection on revenue goes, I'd say we're good for another year. I worry about it. We have to keep pace at about 575 applications or so for registrations each year to maintain our budget. I don't see that sustaining when we're trying to kind to work with STVR's. We shouldn't have to always be doing more. And NUC's (Nonconforming Use Certificates) are coming through. There's a good amount of renewals. There's some that are falling off and those don't come back. So again, we're actually losing revenue there as well. So there's that element which are fine right now from a budget standpoint. I'm already modeling this out and that's where we're going to have to come back and talk story about legislation and some of these changes, because it's basically self-funding, but the thesis doesn't play out long-term. The bigger issue that we have absolute overwhelm for staff. So what happened was is that we had a deadline for STVR registrations and NUC's. So STVR, Short-term Vacation Rentals and Nonconforming Use Certificates. It's an area that basically wasn't conforming. We have over 600 applications that fall in November and December. So what we have is staff that is so overwhelmed, so stressed out at the end of every single year. And this is an ongoing perpetual problem if we don't change it. So one of the things that we're looking at doing right now. Not to mention we got EnerGov. I've got a crew in there that has been doing overtime seven days a week just getting ready for EnerGov. Dealing with Short-term Vacation Rentals as well, is that if we can start the renewal process and start staggering those out over the year—so it's a challenge but I see an opportunity to stagger it out so then we can have steady workload on renewals over the year, instead of having to do with all in basically three months. Page 82 PC-2 January 19,2021 CHR KIERKIEWICZ: That's a great strategy. And you know, you've kind of entered into territory that I wanted to lean in for a little bit. And that's customer service. So I've had a number of, you know, constituents in the districts around Hawaii Island forward me responses from Planning Department because of COVID. I mean that threw everyone for a loop, and so automatic denials of applications to renew their STVR. And you know, many folks are using COVID as a legitimate excuse because other agencies weren't available to help and assist with the renewal process. And so I was bothered by the fact that they were getting these denials. Yet when they send emails to members of the Planning Department—and I know they're overworked. I know they work very hard. I've come to know many folks within the department during my time here on the Council as the Planning Committee Chair. But I was bothered that they had these automatic email responses back out to community that said, "due to COVID, expect longer than," you know,just expect delay in service that's longer than usual. And I thought, how can our community not come to the table with that vulnerability and honesty about, "This is the reason why I'm late and I need some support." I just don't understand why that's not a good enough excuse, yet some County employees can use that excuse and say it's okay. MR. KERN: And I've had that conversation with Mayor Roth, and he as well as I want to see that latitude. I want to see a two-way street. So if the County's asking for a little bit of latitude then we need to give a little bit of latitude. To me it's very simple. How would you want to be treated? How would you want your mom to be treated; your uncle your auntie, your brother to be treated? And that's the philosophy that we're moving forward with now. How would you want to be treated? So that concept of, "We're going to take all the time that we need, no, you're denied." That's done. It's more so, "How do we work together on those?" And if it's clearly, if it's blatant it wasn't done properly, there's nothing you can do about it. "If you're a day late, how can we work with you? If you need an extra document, how can we work with you?" And it's quite challenging especially in that model because it's a self-funding mechanism. It's quite unique, but I really want the same with Mayor Roth, is it's a fair, two-way street. CHR KIERKIEWICZ: Well, and I want the experience of everyone all around to be a pleasant one. Not just for community members, but also for folks that are doing the hard work within Planning. So when you brought up innovative solutions around phasing in these reviews, that's helpful for me to know because you are giving staff the time and space they need to properly review the work. MR. KERN: I don't know how we'll serve the public properly if the staff isn't taken care of and has a reasonable workload and a consistent workload. Like Page 83 PC-2 January 19,2021 there's a desire to work in there, but when you're overloaded and there's too much it's quite challenging. So that's what we're working on. If our staff and the team is working right, the public is going to be served that much better. That's whole concept. It's a very people-first approach all the way around. CHR KIERKIEWICZ: Thank you. I'm out of questions but I just do have some closing remarks for you. You know, I have to share that we met when you and Greggor(Ilagan) were first on the campaign trail. And I was so excited to see these young local boys super eager to serve community. And I thought, wow, I have so much hope for County Government. I'm not going to lie, a bit disappointed in your term, but I don't need to rub that salt in the wounds. I think you live with that every day, but I certainly don't want to judge you on that sliver of experience. I think there's a wide range of experience that you bring to the table. And so when I had an honor to be voted in to serve community in this capacity, you know, and elevated to serve as Planning Committee Chair—huge learning curve. So grateful for folks like April Suprenant, Jeff Darrow, former Director Yee and other staff members for taking the time to build up my planning muscle. I still consider myself pretty novice in this arena, but diligent and dedicated to reading the materials and doing the right thing. And I have to say, you know, during our tenure, you were a near constant presence here in the chambers. Showing up, prepared, creative; solutions oriented. And it's within the experience of working with you that I have to say, you've earned my trust and you've earned back my respect. You know, there was talk about training within the Charter. And training is what? Teaching, developing in oneself for others. The skillsets, the knowledge, the fitness that relate to specific competencies. I think your training was during Planning Commission, certainly Water Board, definitely Council Member. Working side by side with folks that had more experience than you to build up your competencies in this area. I think you exceed the minimum qualifications that have been articulated in the Charter. I appreciate HR (Human Resources) Director Bill Brilhante and Corporation Counsel Renee Schoen, for weighing on that. And I think where you lack in a degree, you certainly make up in real world in hands-on experience. I appreciate, you know, you being a general contractor and a consultant. And yes, your client list is exhaustive, very extensive. But what I take that to mean is that you're highly sought after. You're respected in your work ethic. That people are coming to you for guidance, and you recognize that kuleana to help them navigate this bureaucratic maze. It's not easy, it's a very complex one, and you do that with so much zest and passion. Page 84 PC-2 January 19,2021 I appreciate your empathy. Your sharing your story, being very vulnerable about growing up in Puna. The challenges that the district faces still exists. People living in poverty, struggling to get by, still trying to pick up the pieces of their life from the eruption. Now COVID. It is tough, but you pulled yourself up with bootstraps, right? And look at what you've done. And I think you're a shining example of the investment in building local capacity, and like just giving people like an example of, "You can do it." I think that's huge. You know, what really helped me in my decision making was actually Mr. Jeff Darrow, really highly respect your opinion. You did share with me that you were going to retire. And so when you were announced as Deputy Planning Director I was shocked. I thought, "I thought he wanted to retire. I thought he was over it." But clearly you recognized something in the vision that this Administration has put forward in the leadership capacity and qualities that Zendo brings to the table. And for whatever wild reasons, you wanted to be a part of that. You recognized that by making that commitment, with the blessing of your wife, that you could make a positive change. You really believed that, and I so respect your opinion and appreciate you taking the time to explain to us the systems you have in place, those firewalls, so that Mr. Kern cannot go rogue. But also, there being a larger process in place here to safeguard the public. There's commission review, there's department review, there's Council review. There's Board of Appeals, there's Land Use Commission. There are proper checks and balances in place to ensure responsible decision making. There's so much work ahead of us. So much that can divide us, and I don't want to go there. I want to lean into the fact that if we can work in partnership with this Administration, which so desperately wants to have a collaborative working relationship with the Council, unlike the prior Administration. I mean it was great to work with those directors, but you didn't feel a lot of love from the Admin. There's clear desire to work together. And I think it's within that unity that we are going to do so much together. You know, people think like, "Oh, it's going to be a leap of faith to vote for someone like Mr. Kern." No way. I am going to be voting full confidence in Mr. Kern and his ability to lead the Planning Department. I really appreciate Mayor Roth in creating such a superb team. Real thought went into how we're going to hilo this team together, to braid and weave the many different talents that are needed, to help the people of Hawaii Island. Zendo, you're sharp, you're innovative. Clearly you can handle yourself in a high stress situation and had demonstrated very good proficiency. And not just fancy buzzwords, because we're heard that before. But you know planning and land use issues, and I feel really confident about the investment you've made so far and Page 85 PC-2 January 19,2021 how staff, the morale in Planning, is peaking up. It's bright in there. They're excited and jazzed about going to work. That means something to me. I want everybody showing up to work excited to be a County official; to recognize the kuleana that they have; to do something good. So with that being said, happy to support your nomination to this board, sorry, to this Department. It's been a long night, it's 8:10 (p.m.) everyone. We've been going for nearly 11 hours now. We have a motion on the floor to send the nomination of Zendo Kern, Planning Director the Council with a positive recommendation. Mr. Clerk, I'd like to take a roll call vote, please? Vote on Comm. 44: The motion to recommendation confirmation of the Failed appointment of Zendo Kern as Planning Director failed by the following roll call vote: Ayes: Committee Members Chung, Lee Loy, Richards, and Chair Kierkiewicz—4. Noes: Committee Members David, Inaba, Kaneali`i-Kleinfelder, Kimball, and Villegas —5. Absent: None. Excused: None. CHR KIERKIEWICZ: Thank you, Mr. Clerk. Moving on to the next item on the agenda. MR. KERN: You all have a great rest of your night. CHR KIERKIEWICZ: Thank you, Mr. Kern. Mr. Lord. MR. LORD: I just want to say, mahalo to all the council members for your time, and your patience, and your diligence in this, for each of you and for Zendo. And it's important what we're all doing in our roles while we're in our roles, not only for our grandchildren but for their grandchildren too. So I thank you for your diligence. CHR KIERKIEWICZ: Thank you. Mr. Clerk, Bills for Ordinances, Bill 197. Return to Order The Chair directed the Committee to return to the order of business. of Business: Page 86 PC-2 January 19,2021 ORDER OF The Chair directed the Committee to proceed to the next order of business, Order RESOLUTIONS: of Resolutions. (There were none.) BILLS FOR The Chair directed the Committee to proceed to the next order of business, ORDINANCES: Bills for Ordinances. Bill 197: AMENDS THE STATE LAND USE BOUNDARIES MAPS FOR THE COUNTY (2018-2020) OF HAWAII BY CHANGING THE DISTRICT CLASSIFICATION FROM THE AGRICULTURAL DISTRICT TO THE URBAN DISTRICT AT WAIKOLOA, SOUTH KOHALA, HAWAII (TAX MAP KEY: 6-8-002:057) ; and Bill 198: AMENDS SECTION 25-8-7 (NORTH & SOUTH KOHALA ZONE MAP), (2018-2020) ARTICLE 8, CHAPTER 25 (ZONING) OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), BY CHANGING THE DISTRICT CLASSIFICATION FROM OPEN (0) AND RESIDENTIAL & AGRICULTURAL— ONE ACRE (RA-la) TO VILLAGE COMMERCIAL— 10,000 SQUARE FEET (CV-10) AT WAIKOLOA, SOUTH KOHALA, HAWAII, COVERED BY TAX MAP KEY: 6-8-002:057 (Applicant: Danny Julkowski [Pua Melia LLC 1,) (Area: 11.707 Acres) The Leeward Planning Commission forwards its unfavorable recommendation for this amendment to the State Land Use Boundaries Maps and change of zone, which would allow the applicant to build a proposed affordable housing development,three lots of commercial development, and five lots to be sold for commercial development. Reference: Comm. 1075 Intr. by: Ms. Kierkiewicz (B/R) Postponed: October 20, 2020 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to recommend passage of Bills 197 and 198 on first reading.) ; and Comm. 1075.1: From Planning Director Michael Yee, dated September 23, 2020,transmitting the draft transcript from the Leeward Planning Commission's August 20, 2020, meeting. CHR KIERKIEWICZ: Thank you, Mr. Clerk. We have a motion on the floor on this one. Mr. Darrow,this was something that came before the body in October of last year. It was postponed at the request of the applicant. I did have a chance to speak with Mr. Danny Julkowski. I believe you have as Page 87 PC-2 January 19,2021 well. And I know that work is actually being done to address the needs of the region beyond this particular applicant. So can you provide us an update? (Note: At this time, Deputy Planning Director Jeff Darrow, came forward to address the members of the Committee.) MR. DARROW: Good evening, Chair Kierkiewicz and members of the Committee. As you mentioned, I did speak with Mr. Julkowski and he was open to postponing this matter for a period of time. At this time, the request is to the February 2nd Planning Committee hearing. What we're trying to do is this particular area has several applications that are in transition. One of them is the Waikoloa Highlands project that recently had a reversion at the State Land Use Commission from Rural to the Agricultural district. We've been in discussions with the applicants for that particular project to look at possibilities of trying to resolve planning matters there. They also were proposing the possibility of additional rezonings in the area as well as affordable housing that they're talking about. In this same process, we'd like to work with Mr. Julkowski to see if we can do a collaborative effort to resolve a lot of the Planning matters in this area. There's been a lot of discussion. You know, the Planning Department did recommend unfavorable, and the Commission forwarded an unfavorable recommendation for these particular applications for one of these applications. I mean in the sense of when we look at the whole area collaboratively, this was for one of the rezonings for Mr. Julkowski. We've been in discussion with our Long-range Division trying to find out the direction for the long-range plan for this particular area, especially the Land Use Pattern Allocation Guide Map, which is the map that we use for future planning, and this particular area is planned for some changes in the General Plan amendment. And it will line up with some proposed projects that we're looking at trying to have a resolution for these particular projects. The other matter that we need to look into is the status of the intersection improvements, because that will have a direct impact on these particular projects. Finding out where they are as far as planning and proposed construction. A lot of the requirements for the construction and funding of that intersection were placed on the Waikoloa Highlands project as well as another project across the street called Hawaiian Riverbend. But because these projects didn't go forward, no funding or construction happened at that particular intersection. Page 88 PC-2 January 19,2021 And again, so we're asking to step back, take some time to relook at the possibility of resolving all the planning matters in this area. And so, we're asking for a postponement. CHR KIERKIEWICZ: Thank you, Mr. Darrow. Any questions? Mr. Richards, I believe this is your district. MR. RICHARDS: Yeah, thank you Chair. Thanks Jeff. Yeah, I met with Danny numerous times over this property and there's a whole lot swirling around this property. And is Danny good with this postponement? MR. DARROW: Yes. MR. RICHARDS: Okay, because I've gotten to know him reasonably well because we've been trying to wade through this. And I think, you know, what's going on with Highlands right now, it's appropriate. The intersection, I do know I have an update on that. The planning contract was awarded to Belt Collins so that's forthcoming right now. But as long as Danny's good with the postponement. And then maybe we can catch up and talk story about this and see where we can take it. MR. DARROW: That would be great. Thank you. MR. RICHARDS: Okay, yeah. I'll have my office contact you. Okay, thanks Jeff. Yeah, so I will support the postponement. CHR KIERKIEWICZ: Thank you. Any other questions for Mr. Darrow? Ms. Kimball. MS. KIMBALL: I'm just curious. I know it's not our job to consider the FBI (Federal Bureau of Investigation) issue, but do we have any sense of when that might be concluded in regard to this property or it's just up in the air? MR. DARROW: It's up in the air, unfortunately. MS. KIMBALL: Yeah, well I think in that case, I mean it makes sense to postpone for many reasons. I mean this is clearly not ready for prime time. MR. DARROW: You know, if I might just—yeah, even though it involves this property, it's actually a separate issue. So hopefully, we'll hear something at some point regarding this. MS. KIMBALL: Do you have a recommended length of postponement? MR. DARROW: Till February 2nd Committee. Page 89 PC-2 January 19,2021 MS. KIMBALL: Okay. CHR KIERKIEWICZ: Thank you, Ms. Kimball. Mr. Kaneali`i-Kleinfelder, did you have your light on? No, okay. MR. DARROW: If I might just add one more thing. If we're able to find the path of resolution for these, we may, because it had already gone through the process with an unfavorable, it might be cleaner and better to ask him to withdraw and then to come back along with the other applicant, and then proceed together so we can do this comprehensively and be able to resolve lot of the conditions that would be placed on both projects. CHR KIERKIEWICZ: Mr. Richards. MR. RICHARDS: Yeah,just quick comment. There's a lot of stuff with this property, but time is of the essence for Danny, because they've been working on this and they're not deep pockets. We have to be supportive to help seek that resolution. So I want to be very sensitive to a timeline on this. MR. DARROW: Okay, thank you. MR. RICHARDS: Thank you. CHR KIERKIEWICZ: Thank you, Mr. Richards. I think we just need a couple more weeks to kind of resolve things internally, and we'll have a clear path for it at the next committee meeting. Ms. Lee Loy. MS. LEE LOY: No, based on the discussion, I'm ready to make the motion. CHR KIERKIEWICZ: Please. Vote on Motion Ms. Lee Loy moved to postpone Bill 197 to February 2, 2021. to Postpone: Seconded by Mr. Richards and carried by the following (Approved) voice vote Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, Villegas, and Chair Kierkiewicz—9. Noes: None. Absent: None. Excused: None. CHR KIERKIEWICZ: Motion carries. May I have a motion to postpone Bill 198 to the February 2, 2020 Planning Committee meeting? Page 90 PC-2 January 19,2021 Vote on Motion Ms. Lee Loy moved to postpone Bill 198 to February 2, 2021. to Postpone: Seconded by Mr. Richards and was carried by the following (Approved) voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, and Chair Kierkiewicz—8. Noes: None. Absent: Committee Member Villegas — 1. Excused: None. CHR KIERKIEWICZ: Thank you, we have a couple more items on the agenda. Mr. Clerk, Bill 5 please? Bill 5: AMENDS CHAPTER 25, ARTICLE 2, DIVISION 6, OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO USE PERMITS The Windward and Leeward planning commissions forward favorable recommendations for this amendment to the Zoning Code, which would decrease the applicable planning commission's time to approve or deny an application for a Use Permit from 90 to 60 days, and also clarify certain procedural matters. Reference: Comm. 17 Intr. by: Ms. Kierkiewicz (B/R) Postponed: January 5, 2021 (Note: There is a motion by Ms. Lee Loy, seconded by Mr. Richards, to recommend passage of Bill 5 on first reading.) ; and Comm. 17.1: From former Planning Director Michael Yee, dated December 1, 2020,transmitting the draft transcript from the Leeward Planning Commission's October 15, 2020, meeting. ; and Comm. 17.2: From former Planning Director Michael Yee, dated December 1, 2020,transmitting the draft transcript from the Windward Planning Commission's November 5, 2020, meeting. CHR KIERKIEWICZ: Thank you. We already have a motion on the floor and seeing as we've been in committee for eleven-and-a-half hours now, I think it would be prudent to postpone discussion, you know, on this matter until the February 2nd meeting. I want to make sure we are providing fresh eyes, fresh minds to this very important work of updating our Code. Mr. Darrow, is that okay with you? Page 91 PC-2 January 19,2021 MR. DARROW: Yes. CHR KIERKIEWICZ: Okay. Anyone of my colleaguesI mean happy to tackle this now, but if there's a collective desire to postpone, I'm willing to entertain a motion. Vote on Motion Mr. Inaba moved to postpone Bill 5 to February 2, 2021. to Postpone: Seconded by Ms. Lee Loy and carried by the following (Approved) voice vote: Ayes: Committee Members Chung, David, Inaba, Kaneali`i-Kleinfelder, Kimball, Lee Loy, Richards, and Chair Kierkiewicz—8. Noes: None. Absent: Committee Member Villegas — 1. Excused: None. CHR KIERKIEWICZ: Mr. Clerk, Bill 12. Bill 12: AMENDS CHAPTER 25, ARTICLE 1, ARTICLE 2, ARTICLE 4, ARTICLE 5 AND ARTICLE 7 OF THE HAWAII COUNTY CODE 1983 (2016 EDITION, AS AMENDED), RELATING TO DEFINITIONS, USE PERMIT REQUIREMENTS, PARKING REQUIREMENTS, AND ZONING DISTRICT REGULATIONS FOR MEDICAL CLINICS AND MASSAGE, ACUPUNCTURE, CHIROPRACTIC AND OTHER SIMILAR HEALTH SERVICE FACILITIES The Leeward and Windward Planning Commissions forward favorable recommendations for this amendment to the Zoning Code, which clarifies the definition of medical clinics and personal services establishments, and to identify zoning districts where such facilities would require a Use Permit. Reference: Comm. 52 Intr. by: Ms. Kierkiewicz (B/R) and Comm. 52.1: From Planning Director Zendo Kern, dated December 30, 2020,transmitting the draft transcripts from the Leeward Planning Commission's October 15, 2020, and November 19, 2020 meetings. ; and Comm. 52.2: From Planning Director Zendo Kern, dated December 30, 2020,transmitting the draft transcripts from the Windward Planning Commission's November 5, 2020, and December 3, 2020 meetings. CHR KIERKIEWICZ: May I have a motion to forward Bill 12 to the Council with a positive recommendation? 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