HomeMy WebLinkAboutCOM 0183.008 2020-2022 P/Pc
COMKA5
COUNTY CLERK
COUNTY OF HAWAII
• RECEIVED
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April 5, 2021 Time 12:111 P.�1. By �u
Aloha County Council members, Chair Kierkiewicz, Vice Chair Villege APR 0 5 2021
Regarding Communication 183, it is with absolutely no pleasure whatsoever that I support the removal
of Mark Van Pernis from the Leeward Planning Commission. Anyone who has been on the Commission,
been an Applicant before the LPC, or who has been staff with the PD, has witnessed the uncomfortable
situations that have been created since Mark became a Commissioner.
We had our February 2020 meeting, which was my first meeting to Chair, and it was Mr.Van Pernis'first
meeting as well. When COVID hit, we did not have meetings in March, April or May. Our next meeting in
June was in a virtual setting, and like everyone else,we had some challenges in getting this new format
figured out, and public testimony was super challenging.
At the February meeting I observed his approach as being very confrontational, condescending to the
applicants, and he brought things up in the meeting that was insulting to the applicant,things that were
not a part of the application. I hoped that he was just getting his feet wet and that he wouldn't be this
mean with every applicant. I later learned that he had history with one of the applicants, and was asking
him personal questions such as whether he had declared bankruptcy. I was uncomfortable with this line
of questioning, and it had nothing to do with the application, it was instead personal. We had three
meetings with this applicant, and the line of questioning and the time wasted with questions that we
not pertinent to the application, increased every time. I was amazed at how rude he could be to the
applicant, corporation counsel, and the county staff. I believe you saw the video that showed him talking
back to all of the above people. No one else on the commission does such a thing.They evaluate the
application in front of them and take the merits of the case to make a decision. I did not feel that Mark
could be impartial in this case and I put that on the record.The applicant however, was willing to work
with him anyway, and in the end,we recommended an unfavorable decision to go to you folks. In that
case, I supported my Kona counterparts and voted along with them.
Another trait of Mark's when he is at the commission meetings is to act like he has his attorney hat on
and cross examines people in a way that goes far beyond what is acceptable or normal. He repeatedly
ignores the chair, he interrupts everyone, he asks people questions that he already knows the answer to
and is trying to get them to answer in a way that he can continue to attack them. He questions testifiers
in such a way that you can tell how uncomfortable they are. He asks questions that don't relate to the
application. Others on the Commission are able to change hats from their various professions and be
polite and mindful of where they are and for what reason when at the LPC meetings. Mark has proven
over and over that he cannot. Plus,the time that he demands takes away from the other Commissioners
time to ask their own questions, not to mention the energy that he creates which makes others feel
uncomfortable in even taking up more time on the topic. It is not equitable or fair, and not at all
productive.
He has repeatedly had issues with developers because they stand to make a profit. He has been very
rude, inappropriate and condescending to applicants accusing them of not have a right to their permits
or zoning because they are going to make a profit,or because they are going to sell. These issues are
not part of the application, and the LPC needs to focus on the merits of the application. He said once
that the Commission cannot make a decision that will facilitate the sale of a piece of property. I don't
believe this is stated in the Planning Commission Rules.
Comm. No. I6�
Ref.To: ? pi
Ref. gate APR - 6 2021
There was occasion when I had to remind Mark of the Code of Ethics and lay some ground rules for him
so that he would be nice, courteous and fair to all involved, and keep his questions on topic. Even
though warned, he was not able to comply.
There were so many times that he would not listen to the Chair, and would have to be muted,that it is
ridiculous. It is so embarrassing to have to do this. It wasn't just one or two times that he wouldn't stop
talking, it was many times, over and over again.The rudeness to the applicants, their representatives,
and Corp Counsel is what really pushed me over the edge. I could sense it was his personality to act this
way and I tried to be as patient as I could, but this had just become way too much.
As Chair I really wanted to encourage and allow plenty of questions and conversation. That is something
that I felt was lacking prior,there wasn't enough discussion. And then Mr. Van Pernis came along and
tested that theory and wish of mine. I tried to be patient and respectful and I think you can see that I
was. However, at the end of each meeting, I was exhausted,felt abused, and knew that this could not
continue on this way. It was not sustainable, and I would confer with others about this as well. It was a
common feeling that this could not continue.
Mark Van Pernis,while a potential asset to the community, has no business being on a volunteer
Planning Commission because he just doesn't have the ability to behave himself and be fair and
impartial. Period. I have witnessed it time and time again, and it's clear that it must end.
Respectfully submitted,
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Nancy Carr Smith, former Chair, member of LPC