HomeMy WebLinkAboutCOM 0183.059 2020-2022 F: Item183
Aloha Chair Kierkiewicz and members of the Planning
Committee,
I am giving written testimony to support the removal of
Mark Van Pernis from The Leeward Planning
Commission.
My name is Barbara DeFranco, and I am a current
commissioner on the Leeward planning commission.
have testified before the county Council twice and given
written Testimony twice. It is fortunate that today we
have another chance to shine the light on this situation.
As you know we have given Commissioner Van Pernis
training, feedback, and sanctions to try to get him in
step.
Here is someone who clearly does not understand the
behavioral problems he presents to others. His
disconnect from reality is obvious. I have attached the
letter he wrote to Leeward planning commission stating
why we shouldn't discuss the mayor's letter or discuss
how each of us personally have been negatively
impacted by his behavior for the past year. It is so clearly
Comm. No.
Ref. To:
Ref. Date - 3 2021
a distortion of what happened that it could e
considered lying. In my opinion he disqualifies himself.
One would think that Commissioner Van Peris would
accept our recommendation. He has been asked by the
mayor and now by the Leeward Planning Commission,
and by the past two chairs.
It is with heart felt compassion that he is being asked to
stand down. He is not up to the task. All of the
commissioners "ask the hard questions" and all of the
commissioners have history in Kona and for Kona. Each
one of us bring a vast knowledge to the table.
In Peace Barbara DeFranco
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Subject: July 15,2021 Agenda item 3 and Hawaii County Council Planning Committee Meeting of August 3,2021,
Date: June 30,2021 at 10:05 AM AL0
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I. From the materials provided by Deputy Corp. Counsel Yamamoto,"Board Business" is defined as"Matters over which
the board has supervision, control,jurisdiction or advisory power that are before the board or reasonably anticipated to
come before the board in the foreseeable future."
The Hawaii Country Charter., Article XIV, Section 14-6 provides that only the County Council can prescribe a suspension
or removal from office or employment.
The Commission's July agenda item 3 refers to a letter of Mayor Roth, but does not disclose its date or its addressee. Its
date was approximately five months ago and its addressee was the County Council through its Chair person. Mayor
Roth's letter did not direct any inquiries to or ask for any"recommendation" from the leeward
Planning Commission, The letter was considered in two Council Plannng Committee hearings of long ago.
Thus it appears that the agenda item is without authority or precedent, and outside of the Commission's authority or
jurisdiction, and is to be dealt with only by the County Council as the entity having jurisdiction. The Commission's agenda
item concerning Commissioner Van Pernis And Mayor Roth should be dismissed,tabled,or postponed indefinitely.
11. Mayor Roth's letter to the Council principally concerned the former style (as a lawyer)of questioning and speaking
during Commission hearings of prior to last March. Mayor Roth did not witness any of that, and has to date declined to
name any one who complained. Mayor Roth's letter was written right after Commissioner Van Pernis publicly raised a
question of a conflict of interest by his new Planning Director Mr. Kern, and sought to get that matter on the Commission's
agenda. Also,shortly after the Mayor's letter,on March 28, 2021,the West Hawaii Today newspaper published an
editorial by Mr. Van Pernis critical of Mr. Kern's and the Mayor's plan to weaken the Kona CDP advisory committee and
the Kailua Village Design Committee, on which Mr. Van Penis previously had served.
111. Mr. Van Pernis was not able to get that conflict of interest matter on an agenda, nor to this day any of the other
matters(e.g. certain procedures of the Planning Department that it admits are without rules or guidelines),which was
sought since last April to be placed on an agenda for discussion by the Commission. Instead,the subject item was placed
on the agenda, without prior knowledge, and without any authority under Robert's Rules of Order, (which I am told the
Commission operates under), or any other Rules. To my knowledge, Commissioners have not been provided with a copy
of the letter to the Council nor relevant transcripts of the two Council-Committee hearings Thus the Commission
members are not adequately informed as to that item, nor the sole authorized entity and addressee's activities or actions.
And thus the agenda item should be dismissed, tabled or indefinitely postponed.
IV.. The Commision's agenda item does not differentiate between the time before the matters referred to in section V
below of many months ago, and after that to this day. This is critical. The agenda item is thus vague and incomplete.
V. It should be sufficient to say that:the Mayor's letter, including his testimony and that of Mr. Kern, and Mr. Vitousek, was
heard in two separate hearings of the County Council's Planning Committee months ago, concerning my prior activity as a
Commissioner; that in each hearing the Council/Committee voted in my favor and to keep me on as a Commissioner;
that my point of view, qualification, ,experience and preparedness were valuable assets to the Commission and West
Hawaii;that I could moderate my lawyerly style,disability(speech and hearing)assistance could be provided, I would be
better educated to desired procedures, 1 was without exception supported by the community, and I wanted to serve.
VI. Director Kern has since,on the Commission's record, admitted his conflict of interest, and what he was going to do
about it.
VII. It is a Chair person's authority to control a meeting. At no time did a previous or present Chair person invoke
Robert's Rules Of Order, to object for decorum, (Art. V, Sec 34, Art. XII, Sec 62 c. of those Rules),or rule any question or
statement out of order,or use the Rules to punish or discipline my 2020 and early 2021 activity as a Commissioner, (Part
111, Sec.66 t), As to the present agenda item, Robert's Rules states that a Motion to Table or a Motion to Defer takes
precedent over and can interrupt any other motion or debate, (Art. Ill. Secs 10 and 24, see also Art, XII,Sec 57, 58, 59).
And those Rules also provide for the priority of a determination of the rights and privileges of a Commission member, such
as to his prior activities and rights as to the subject agenda item. (Art. 111.). Robert's Rules require a motion before there
can be any discussion.
VIII. Since this matter arose many months ago, I have been schooled by Deputy Corporation Counsel Yamamoto and by
Planner Jackson, and been provided with some disability assistance by the County's person in charge of such things,and
studied Roberts's Rules of Order. I have listened to the Council/Committee through its two hearings and spoken privately
wth some Council persons. I long ago provided the suggested written letter of apology,to supglem.
on the record,to the Commissioners and Chair Vitousek. I hope you have seen it, A copy is attach d eye4p s +
A' �1Mp
JUL 0 7 2021
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I have gone on to be reasonable, relevant, respectful,and unemotional in all commission proceedings arid
communications, and have been procedurally
and otherwise respectful of Chair Vitousek.There is no reason at all now for further concern. The Commission can see
that.
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IX. It is my understanding of the Council's/Committee"s upcoming August 3rd hearing is to check on my improvement/that
my commissioner activity has been reasonable,and if necessary again confirm my commissionership. To my knowledge a
"recommendation", as your July agenda item refers to without differentiation of"before" and"after', has NOT been
requested. If this Commission agenda item is even proper, why now? .
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X.I don't expect past and present Commissioners to always agree with me, even though we often vote unanimously. j
Each Commissioner is entitled to their own opinions and vote when considering the common good for West Hawaii. But i
do expect respect for different opinions and votes, and that politics will not overcome that respect. I was nominated and
approved by the Council, as to the 8th Council District, and have continuously had the strong support of its residents and
representatives without exception throughout these challenging times. That too should be respected.
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Xl.CONCLUSION.This agenda item should be rejected and removed from the Agenda, or tabled or deferred ,according to
Robert's Rules of Order or otherwise. And/or deferred so that the Commissioners can receive the materials so as to be
fully informed; the agenda item should be fully stated with its authority, and once so stated enough time be given
Commissioner Van Pernis to respond. There should be no recommendation or a favorable recommendation made if there
is proper differentiation, Robert's Rules are complied with, and only by Commissioners present at the subject 2201 and
early 2021 Commission hearings.
Mark Van Pernis, Commissioner l
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From: Sauer,Noriko Noriko.Sauer@hawaiicounty.gov
Subject: Leeward Planning Commission-Letter of Apology from Commissioner Van Perris
Date: May 26,2021 at 9:39 AM
To: Kern,Zendo Zendo.Kern(gliawaiicounty.gov, Darrow,Jeff Jeff.Darrow@hawancountygov, Jackson, Maija
MaiiaJackson=s-hawaiicountygov, Roy,Alex Alex.Ro ca
Andrews,Jessica Jessica.Andrews Q,) v,Camero,Tntygov, Kay, Christian Christian.Kay��hawaiicounty.gov,
Dacayanan, Melissa Melissa.dacayanwhawaiicouonty.govn�Tanaka�(Kim eKimrTanaka hawau�ountY.9ov�Araugo,Jaclyn
Cal hawa i
Jaclyn.Araujo(�hawaiicountygov, Schlueter, Dalilah Daiiial),Schlueter�rhawaiicounty.gov
Cc: Ley,Rachelle Rachello.Ley@hawaiicounty.gov, Osorio, Liza Liza,OsonoC hawaiicounty.gov y
Aloha (Commissioners via bcc),
I
Commissioner Van Pernis has asked me to forward toyou his letter of a
(received May 24,2021):
apology copied below
1
<copy begins>
Dear Chairman Vitousek and fellow County of Hawaii Leeward Planning Commission me
and County Planning Department Staff, tubers
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Please accept this letter as a written apology a for any past inappropriate behavior,disrespect,or
questioning uestionin in which I as a Commissioner encraged in the past, including in regard to
Chairpersons' instructions. My intentions were good,as to representing West Hawaii generally,as
well as individual applicants before the Commission. I have been further instructed as to
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Commission rules and Robert's Rules of Order,which have been to some extent involved in
Commission meetings. In my opinion, Commissioners,
the Chairpersons,Department staff(including Corporation Counsel), would all benefit from more independent
ndent
parliamentary instruction if Roberts Rules are to prevail and control. Neither the Planning
Director nor the Mayor have named any Planning Department staff who may have complained
about my past questioning or behavior, but to the extent there was any such complaints, I
apologize.
Sincerely,
Mark Van Pernis,Commissioner
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<copy ends>
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bcc: Commissioner Mark Van Pernis
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Noriko Sauer,Secretary
l-eeward Planning Commission.
Board of Appeals(West Hawaii)and
Kailua Village Design Commission
County of Hawai`i Planning Department
West Hawaii Civic Center,Building E,2°d Floor
74-5044 Are Keohokrtlole Highway
Kailua-Kona,HI 96740
Phone:(808)323-4783
Email: noriko.sauerCahawaiicouniv..gcw
i
Hawai 7 C0�1112ty is art Equal Opportunity provider and Employer
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a distortion of what happened that it could be
considered lying. In my opinion he disqualifies himself.
One would think that Commissioner Van Pernis would
accept our recommendation. He has been asked by the
mayor and now by the Leeward Planning Commission,
and by the past two chairs.
It is with heart felt compassion that he is being asked to
stand down. He is not up to the task. All of the
commissioners "ask the hard questions" and all of the
commissioners have history in Kona and for Kona. Each
one of us bring a vast knowledge to the table.
In Peace Barbara DeFranco