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HomeMy WebLinkAboutCOM 0183.032 2020-2022 Wed . _ cowl.��� ail �^,� Subject: Leeward Hawaii Planning Commission. _-_ Krio@Van Penmim <kvphnvvaii©onmai|.00rn> Wed, Mar 31. 2021at1O:62AK8 To: Mark Van Pernie<nmvpvv@howeii.mconn>. Kristi Van Pmrn|s«kvphawmiikBgmnoi|.00nn> From: <mvpvv��hmwa|i�rcoono� � Date: March 31, 2020 Initial Response of Commissioner Van Pernis To March 29th, 2021 letter Of Mayor Roth to Chair Maile David The subject letter was not received from Mr. Roth, but was first seen by Mr,.Van Pernis trie evening of March 30th. In that the letter requests an Apill 7 hearing, due process demands more time to %) - �e investigate and specify the hearsay presented, identify and obtain witnesses and testifiers possibly �-; obtain counsel, etc., if the matter is not terminated on that date in Van Pernis'favor. 7"- The Leeward Planning Commission represents the West side of the Big |o|mnd, and the Windward Planning Commission represents the East side. Among other things the Commission advises the County Council concerning proposed development in West Hawaii,the impacts on West Hawaii, and requested delays such development. The Commission is planners and the Council is legislator. There used to be a single Planning Commission for the whole Big Island, believed to be controlled by the Hilo based mayor, but it eventually was split in two so as to accommodate the different inboreata, economies arid circumstances of the two different parts of the Island. Mark Van Pernis, a resident of Kona since 1976,was a veteran commissioner of the County's Kailua Village Design Connnniaaion,formerly a board of directors of the Kona division of the Hawaii Health Corporation,the board off directors of the Kona Division of the American Red Cross, member of the West Hawaii Bar Association Courthouse site selection committee among other volunteer positions. He. was interested in the Planning Commission position after serving a full term as a Commissioner of the Kailua Village Design Commission,without controversyHe was encouraged by several West Hawaii private citizens and several County employees. He also had the support of Karen Eoff, Councilperson for the 8th District(where Van Pernis resided). He was nominated by Mayor Harry Kim in 2019, confirmed by the County Council and then sworn in. Among other things, Van Pernis was to use his expertise to study applications to the Leeward Commission and ask some hard questions at its hearings of applicants, their representatives/consultants,the Planning Director(currently Mr. Zendo Kern, previously a private consultant for applicants, appointed by Mayor Roth)) and his Department staff, on behalf of the West Hawaii people/taxpayers of West Hawaii who would be affected by the proposed developments and the delays often sought by developers. For too long many thought that such developers, who had unlimited time to present their proposals to the Planning Department, the Commission, and the County Council, while members of the public were limited to three minutes of testimony, had an unfair advantage such that the Planning Commissioners and/or the Planning Department weren't getting whole stories and the West Hawaii public was sometimes'thrown under the bus", Van Pernis has thus proceeded. It should be noted that Van Pernis is only one of nine commissioners, each with only one vote, and where majorityrules. |nmost cases hevoted with the majority, evanunanimmus|}\ xvhenthey Commission deferred a matter or approvals were recommended to the Council, including some where there were conditions added to the opprovm|m, usually by other Commissioners,who often spoke much longer and more frequently than Van Pernis.Almost all applications have been approved with conditions. "anti-development".Thus Comm. N Ref. To: P8P�� Ref. Date '&PR - 6 2021 " . At the March 18, 2021 Leeward Planning Commission meeting, Mr. Van Penis unsuccessfully tried to ask Mr. Kern about a conflict of interest I appearance of iconcerning a zoning matter for which Mr. Kern had acted as private consultant before the Commission in that West Hawaii residents had discussed that with him, but that it was not on the Agenda, so the Chairman ruled it couldn't be brought up then. After that meeting was adjourned, Van Pernis, through Commission staff, subsequently had it placed on the next Agenda, See Exhibit A attached hereto. See also below explanation three paragraphs below. Mr. Roth thereafter called Van Pernis and asked for his resignation, Van Pernis in essence said "why" and "no". Mr Roth then claimed Mr. Van Pemis had been "discourteous", but when asked Mr. Roth oou|d/wou|dno{sayvxhattheljiscourteouonaoo^wmmorvvh000mnp\o|nedtohim. At the March 18 virtual (Zoom) meeting of the Commission, Van Pernis pointed out that the Planning Department had not in any way investigated increased traffic on Mamalahoa(where an applicant's proposed subdivision was located), since the date of the original subdivision approval in 2004 or the expiration of the requirement that the subdivision be completed by 2009-the applicant was seeking a further time extension to 2026-despite readily available recent State traffic counts on Mamalahoa for the area, and the many, many additional County building permits since 2004 for the many subdivisions using Mama lahoa in the area, before recommending approval of the time extension. Commissioner Van Pernis,while stating he was not opposed to the time extension for the proposed subdivision, said that generally, the Planning Department should independently conduct thorough examinations, including as to increased traffic, before making recommendations that the Commission relies upon, and not leave it to others to point out errors. In this case the recommendation erroneously included an access of Mamalahoa, but a State agency later pointed out this error and the Planning Director/Department accordingly included a correction in the recommendation to terminate the Mamalahoa access in favor of existing Mahilani Drive access for the proposed subdivision . The application for the time extension was approved with a new and additional condition added by another commissioner. Is this the "discourteousness"? At that same March 18 virtual meeting,while Van Pernis was speaking concerning a question and issue of an application, having given the floor to speak by the Commission's Chairman, who controlled all participants in the virtual meeting with a Zoom "mute"apparatus, he was interrupted by a Deputy Corporation (County) attorney who Van Pernis thought was trying to end or change his speaking. He responded with words to the effect of"please don't interrupt.' These were the same kind of words the previous Chair(Ms Carr-Smith), directed to Van Pernis, used in a prior Commission meeting when she was speaking. The Commission Chairman then muted everyone except himself and proceeded to state that the County attorney could interrupt(to give legal opinions or advice)at any time and that Van Penis was in error. Not having been previously informed of or knowing that, Van Pemis accepted the Chairman's statement and moved on. Is this the"discourteousness"? At the end if the March 18 virtual meeting Van Pernis attempted to bring up a matter presented to him by members of the public concerning questions about a potential conflict of interest concerning Planning Director Kern. Long story short, the Chairman ruled it was not on that meeting's agenda and thus wouldn't be heard then, and terminated the meeting. Van Pernis tried to have the Commission put on the next meeting's agenda, but was muted and the meeting ended. Later, the Commission's Secretary advised Van Pernis to contact her to put the matter on the next agenda, and there was compliance. See the attached Exhibit A. Is this the "discurteousness"? From later WHT reporting, it appeared that Mr. Kern admitted the conflict of interest. Mark Van Pernis received no instruction or discussion concerning the etiquette , prior rulings, precedent, protocol, traditions or quirks of the Leeward Planning Commission,or its meetings. Or that it would be different from comparable procedures of his prior commissionership with the Kalua Village Design Commissioner and lawyer like activities. See Exhibit B. For instance, the Planning Commission apparently doesn't want any prior application referred to by name, and it is assumed by date, application or ordinance number or tax map key number, and the County attorney (and, presumably, the Planning Director)can interrupt Commissioners at any time. This has been learned only by experience. New Commissioners (Mark Van Pernis, Commissioner Faye Yates and two more yet to be appointed) must be educated and informed as to such etiquette and Robert's Rules" Mr. Roth incorrectly states in his March 29, 2021 letter To Council Chair Ms. David that Van Pernis was"trained in Robert's Rules of Order". There has never been such training or familiarity with those Rules. nor have they been invoked by name in any Commission meeting Van Pernis has attended. It is incumbent on the Commission and/or the County to provide such instruction/education including Robert's Rules of Order before any claim of"discourteousness"can be claimed. Having anecdotally now heard of those Rules, I have now purchased that book for review. Please consider these ether matters also,whether or not speculative. What commission staff has been "mistreated"(as Mr Roth's March 29 letter letter states)?When and in what way ?" Is it only Mr. Kern who is concerned about questioning of the Planning Department and him, and isn't it their and the applicants'and their consultant's jobs to answer questions, even if unpleasant or if they don't have an answer. At the end of each of their presentations to the Commission, they ask if there are questions. As to his letter, Mr. Roth has not been in attendance at Leeward Planning Commission meetings arid thus the letter is hearsay (the words of another,who?)which are denied, and as hearsay, they can't be relied upon. Mr.Roth, as an attorney, should know this. is there any authority for a current mayor by hearsay to challenge a Commissioner appointed by a prior mayor and approveed by the council ? If questions are asked and responded to with words of avoiding an answer, more questions may follow, Is Van Pernis'termination being sought by Mr. Kern to create more West Hawaii Commission vacancies that Mayor Roth will not fill except with people Mr. Kern deems "appropriate" (his word) and a more Hilo centric government at West Hawaii's expense? Is this an attempt at getting rid of some one Mr. Kern or Mr. Roth think knows too much and uses the knowledge for West Hawaii's benefit? Considering and incorporating the above,with or without any such instruction or education, I, Mark Van Pemis, sincerely apologize to the Commission and any individual who may have been offended. I request the Commission to speak up when inappropriate activity or words begin to appear. If instruction or admonition from the Council is appropriate, it should be given. Mark Van Pernis has previously stated on the record that if anyone is offended by his questions or statements, that they speak up, and he will apologize and rephrase. No one has complained. The Leeward Planning Commission and its Commissioners must be independent. Mr. Van Pernis must continue to serve and the 8th District appointment honored, DISCLAIMER: This message is only intended for the addressee named above. Its contents may be confidential, privileged or otherwise protected. Any uthorized use, disclosure or copying of this message or its contents is prohibited. If you are not the intended recipient, (i) please do not read or disclose it to others, (ii) please notify the sender by reply e-mail or phone, and (iii) please delete this communication from your system.Any personal opinions expressed in this message do not necessarily represent the views of the Company. From: test mvpvv;r;;ra;vt,:irr,cool Subject- ITEMS FOR INCLUSION IN NEXT LEEWARD PLANNING COMMISSION AGENDA' Dote: March 25,2021 at 5:29 PM To: test nivhvv`,r.i'lich,v-:r!.rr con Dear Noriko, As we discussed on Thursday March 18th, after that date's Leeward Planning Commission meeting, please add the following matters on the next meeting's agenda,They are probably"Administrative Matters' I look forward to your confirmation. Mark Van Pernis 1. Possible Conflict of Interest and/or an appearance of impropriety of Planning Director re:Campbell Trust. IF THE."INFORMATION AND BELIEF' REPORT THAT MR. KERN AS ACTING PLANNING DIRECTOR APPROVED HS PREVIOUS PRIVATE CLIENTS SUBDIVISION IS INCORRECT, THIS MATTER IS WITHDRAWN AND OF NO FORCE OR EFFECT, OR IF THIS MATTER HAS BEEN RESOLVED BY THE COUNTY'S BOARD OF ETHICS,THIS MATTER IS WITHDRAWN AND OF NO FURTHER FORCE OR EFFECT, OR IF THE MATTER IS RESOLVED BY A REVERSAL OF MR. KERN'S SUBDIVISION APPROVAL AND THE INDEPENDENT APPOINTMENT OF A TEMPORARY DIRECTOR AND HIS OR HER STAFF TO ACT UPON THE CAMPBELL SUBDIVISION MATTER ONLY TAKES PLACE, THIS MATTER IS WITHDRAWN AND OF NO FURTHER FORCE OR EFFECT, 2 Statement by Assistant Corporation Counsel Ms. Campbell as to whether or not she has any interest or contingent interest in the prior applicant Campbell Trust, And if so,whether or not a possible conflict of Interest and/or appearance of impropriety would arise concerning her advising the Planning Director, Planning Department, Leeward Planning Commission and/or any other County board or agency or board, including f.O.N.C., as to the above referred to Campbell Trust property, and as to other property, if any,in which she or a relative or associate or a prior client has an interest that comes before the County. If her statement is in essence "no",then... THIS MATTER IS WITHDRAWN AND OF NO FORCE OR EFFECT. OR IF THIS MATTER HAS BEEN RESOLVED BY THE HAWAII STATE BAR ASSOCIATION OFFICE OF DISCIPLINARY COUNSEL ANDi OR THE COUNTY'S BOARD OF ETHICS,THIS MATTER IS WITHDRAWN AND OF NO FURTHER FORCE OR EFFECT. 'These matters were'put on the agenda at my request after West Hawaii residents)talked to me about them and indicated they could or should to be heard by the Leeward Planning Commission .The wording is mine. Commissioner Mark Van Pernis. • (.>\ From: bryant chine; byoo7 O@cjrnoe corn g Subject: recommendation Date: D£:cember 14 019©t 7:57 Atvi To: Mark Von t-ern'ss mvpvv@hawallo,cern r're finally found what r think is your correct aniall address-let m9 know if you got this. p.a.hope i sant the correct scan Idn°ant Ching Kailua %7.11) 808-334- 068 Io Whiirti It .vial ("nneern ty> I his is ri letter of recommendation I'm }atk Van I'i°.it31s. I have known him as a Ilow corn rilksioner ttt the I.)ct,it n R'ei•!ew Committee of Kona Village }'I:;holt• commission }tilt the past three\e:tr', ltltuu01 tte t'"tlt me t\Aiee;S month. :tei ttC itorked thru tet n} tedious details or evaluating propoi.als. we were`chic bond :is if ftincticonio_.:entity.tnd as individuals. • tl:t°tit:meetings.`itlr49('t{Fitt:}' lasted hour's and:3i'S rook rl.`CtlmlTtlti'+14)11iY, Iclose!) studied the other 1:^.!meta r,. 114 att able to hc-come more at:;lt.t'itiieed i4 ith Murk tindl round him to be otul pio}.en and dei-sen to do the"right- =hint±;. "ydz:RA to his dotirc ;ttid focus. t0:lr;( sense of dry it ntmdl 11/101fu t}i:it subli:,' and sometimes biting, hitt ailt4.it b 41:iL iile;t3Ft point, }h re orc. I unhesitating!) recommend ct" !{rile position on the i31:tnnitltt, (?lontksion tip lit; Li(mid hecotnc art trA nbttchlc :ks`:cl and addvo4,:zA J{ of �•�"fie/)j y�" .i!_ til) hing• f 2,`13,19 From: Kristi Van Pernis Sent: Monday, April 05, 2021 6:00 PM To: Council Testimony Subject: Mark Van Pernis and communication 183 My name is Kristi Van Pernis and I am also married to Mark Van Pernis. I have been an active business woman in the real estate community and a loving resident of these islands for many years. Our daughter was born and raised here and has interned for Tulsi Gabbards in DC and worked for Slyvia Luke, our State's financial director. We love our community and we are no stranger to politics. We have been involved in many positive issues, but at this moment, I am thankful that my daughter is working off island and does not have to see first hand the debasement of the Mayor's office. As a 40 year resident of West Hawaii and a concerned voter who participates in the politics of this county, I am disgusted by Mayor Roth's unprofessional handling of this matter. I voted for Mr. Roth because I felt he would tackle the major issues we face such as waste, poor recycling, homelessness and our burdened infrastructure. To see Mr. Roth sink to this level for someone who is on a voluntary commission is beneath the level of our County Government and what he should represent. On top of that, someone from the Mayor's office (a source that is not identified) put together a cherry picked video montage of Mr. Van Pernis, the video was out of context and designed to make him look pathetic. What was even more insulting was that Mr. Roth did not even bother to send Mr. Van Pernis a copy of his communication 183 before releasing it to the public. I was made aware of it by calls from the public and friends and on our first night out to dinner since Covid hit, I had to make my husband aware of this letter. I am beginning to see a pattern from the mayor's office of doing things and appointing people that seem to be out of normal procedures. I am not excusing the fact that my husband asks hard questions. I am aware that he often sounds crusty or investigatory, and that he often has to repeat his questions, but I am also aware that he is a good man with good intentions that knows the law and cares for our County and community. Now, because of this situation, I sat and watched complete videos of past meetings (not snippets put together by some unnamed source) and I am aware that there are those whose term has now expired from the commision that constantly interrupted him and did not want his questions to be heard. Although I don't discuss issues with my husband pertaining to the planning commission, I am now aware that he proposed matters for the agenda that may have in the past been ignored. We in West Hawaii are sick and tired of sitting in some of the worst traffic ever. We are weary of seeing developers who get extension after extension yet fail to honor their initial agreements on infrastructure. I don't even think we have a park that has a swing set, our public bathrooms are disgusting, our landfills are overflowing and homeless people are everywhere. Many of these problems are created because various levels of the County allowed development without consequences. We have experienced these consequences for years. Although Mr. Van Pernis may ask hard questions, I am more concerned as to why some of these are not answered. As I watched full videos of past planning commission meetings, I was surprised to see how often he was interrupted. Forward to future meetings and I am happy to see Mr. Vitousik is doing a much more thoughtful job on the commission of considering the hard issues we face. As always, I am grateful for those who spend their time on volunteer positions, these are often thankless positions and their input makes a difference. Therefore, I was truly horrified to see Mr. Kern's interview saying he was thinking the KVDC may not be of use, and that the mayor's office would consider "appropriate" people if they fill appointments. What the heck is "appropriate"? At the time, I did not pay much attention to Mr. Roth's appointment of the planning director, I trusted Mr. Roth to do the right job.... but now I ask, was it "appropriate" to fill the planning position with a developer's consultant?? Why 1 didn't the County hire someone with a planning degree that was not so controversial? Isn't a degree required by the charter? Is Mr. Roth not following the charter? I ask some of these hard questions because I volunteered for the planning commission years ago but was turned down because of my real estate background. Yet the mayor has appointed a past developer's consultant who "inadvertently signed off' of his own client's applications. An application which I now understand has a very public trail that PONC was willing to purchase. Something about that stinks. And why is the deputy director of public works resigning. What the heck is going on with this administration? The very fact that we have community volunteers is a blessing and allows other voices to be heard. People come from very different backgrounds and have different abilities. During this time of Covid, ZOOM has become the communication method; many are not familiar with Zoom. Therefore, it would seem appropriate that lessons might be given in how to participate. Mr. Van Pernis has a speech disability that sometimes makes it a little difficult to understand him. Is there an ADA compliant method of Zoom or a policy that gives training to different volunteers about conduct and procedure....or, are they just supposed to know "it"?? Although I hate to go this low, there are two other issues that must be mentioned. I saw the Mayor's interview on Civil Beat making assumptions about a 2003 complaint against Mr. Van Pernis. This issue was ALREADY vetted when Mr. Van Pernis was initially considered by the planning commission and he was confirmed in a 6 to 3 vote. Mr. Roth does not have the facts, nor does he know the subject of the issue was later overturned by the court unfortunately after the fact. For Mr. Roth to speak so publicly on something he knows nothing about is basically a smear tactic and frankly appalling!! Mr. Roth basically called Mr. Van Pernis "a jerk". Is this the "dignity and respect" that Mr. Roth referred to in the same article. As a former prosecutor Mr. Roth should know that Mark, as a litigation attorney of 43 years, although now retired, may have many on the other side of his cases that did not like the outcome. I know that one of them was on the Windward Planning Commission. I believe he is no longer in that position but he would have been one that made an initial complaint. Finally, since I was troubled by Mr. Roth's openly judgemental comments and nasty behavior on something that was discussed when Mr. Van Pernis was initially vetted for the planning commission, I decided to google Mr. Roth. I was surprised to see that Mr. Roth (according to my layman's interpretation of reviews) had a peer review of 2.9 but Mr. Van Pernis has a peer review of 4.1. The second issue I wish to discuss is the invasion of privacy and remarks made by a council man's wife. Our phone has rung non-stop since Mr. Roth made his letter public. My husband, very much to his credit, does not participate in social media. I am a participant who loves to post gorgeous pictures of Hawaii, travels and community events. I have many friends. I would never post anything remotely concerning my husband's work and my FB page is strictly for myself. Nevertheless, social media has a mind of it's own and a woman who is very public minded posted a letter in favor of Mark. I was shocked to see councilman Tim Richard's wife respond, she publicly and ruthlessly disparaged Mark and insinuated that a former woman chair of the commission depised him. Is this how we really want to see our County act?? Although I do not know Tim Richards or his wife, should he be excused from making decisions about Mark because of his wife's very public and nasty remarks forever saved on social media. This all just seems so classless and low. Finally, let's shine the light on these meetings. Zoom etiquette may be lacking on many boards and commissions for good reason; before Covid we did not Zoom. Differences of opinion are not bad and often lead to better understandings and decisions, but are often hard to express on Zoom. Perhaps, our County Administration should be talking about and hosting workshops on Zoom etiquette and how to model the behavior they want to see....Maybe a class on tolerance and the American with Disabilities Act is in order. If you truly want a cross section of island participants on boards and commissions, this must be considered. 2 As for Mark, if the Mayor is so concerned, put him on Probation! have a meeting with the new planning commission director and go over the procedures with everyone. For Gods sake, I've supervised as many as 40 agents before, even I know that there are appropriate ways to handle these issues. Sadly, at this point, the Mayor's tactless letter, hatchet video and appalling interviews over a caring community volunteer look like a smear job and is certainly petty and beneath the level of a Mayor. It also shows an utter lack of consideration towards Mark and his family and has been a huge disruption in our life. As Mr. Roth says, "We are supposed to treat people with dignity and respect". That includes Mark as well as everyone else! Thank you for your consideration of my testimony. risti Van Pernis DISCLAIMER: This message is only intended for the addressee named above. Its contents may be confidential, privileged or otherwise protected. Any unauthorized use, disclosure or copying of this message or its contents is prohibited. I.f you are not the intended recipient, (i) please do not read or disclose it to others, (ii) please notify the sender by reply e-mail or phone, and (iii) please delete this communication from your system. Any personal opinions expressed in this message do not necessarily represent the views of the Company. 3