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Home My WebLink AboutREP PC 043 2020/01/07 2018-2020 Hawaii County Council-30 January 22,2020 PC-43 NOMINATION OF MARK VAN PERNIS TO THE LEEWARD PLANNING (Comm. 689): COMMISSION Negative Recommendation: Due to a vote of 2-ayes, 5-noes, 2-absent Requires Council Confirmation by: February 2, 2020 (Section 13-4(1), Hawai`i County Charter) CONFIRMED: Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder, Poindexter, Villegas, and Acting Chair Eoff—6. Noes: Council Members Kierkiewicz, Lee Loy, and Richards—3. Absent: None. Excused: None. Page 12 REPORT OF THE COMMITTEE ON PLANNING DATE: January 7, 2020 Re: Comm. No. 689 PLACE: Council Chambers Hilo, Hawaii TIME: 9:31 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was referred Communication No. 689, reports as follows: Communication No. 689, dated November 20, 2019, and transmitted by Managing Director Roy Takemoto on behalf of Mayor Harry Kim, nominates Mark Van Pernis of Council District 8 to the Leeward Planning Commission. If confirmed, he would serve a term to end December 31, 2024. Mr. Van Pernis has been a resident of Hawaii for more than 43 years and has volunteered with numerous community organizations. He is a member of the Democratic Party. Rose Bautista, Executive Assistant to Mayor Harry Kim, introduced the nominee before the Planning Committee. Mr. Van Pernis expressed gratitude for the opportunity. Council Member Maile David outlined her past experience with the nominee and conveyed her support. Council Member Sue Lee Loy raised concerns in light of information she discovered regarding the nominee. Specifically, information regarding a past Office of Disciplinary Counsel complaint against the nominee, which outlined"patterns of recidivism of professional misconduct." When asked to provide insight into the current nominee vetting process, Ms. Bautista stated she was unaware of the complaint. Ms. Bautista explained the nominee had been vetted"as best as we can,"and that Mr. Van Pernis possessed the knowledge,passion, and skills to serve in the role, and that his past service on the Kailua Village Design Committee should outweigh negative concerns. Mr. Van Pernis was given an opportunity to address the complaint, which he explained had been resolved by the Hawaii Supreme Court years ago. Council Members briefly discussed procedural issues and concerns with the Administration's current vetting process, and whether or not it was adequate. PC Report No.:43 PC-43 Page 2 January 7,2020 Council Member Valerie Poindexter suggested postponing the nomination until the next Committee meeting. The Clerk explained there would not be enough time to process the nomination due to confirmation deadlines stipulated in the Hawai`i County Charter. The nomination was tabled until the end of the Planning Committee agenda in order to allow Ms. Bautista time to consult with the Administration and decide whether to withdraw the nomination or proceed with a vote. Upon completion of other Planning Committee business, the nomination of Mr. Van Pernis was removed from the table, at which point, Ms. Bautista declared the Administration would like to move forward with the nomination. A brief recess was called to discuss a procedural matter. Following the recess, Planning Committee Chair Ashley Kierkiewicz explained she would not be supporting the nomination, noting two West Hawai`i Today editorials by Mr. Van Pernis that accused the County of"being in bed with developers." Chair Kierkiewicz questioned the nominee's ability to be a fair, impartial and open-minded commissioner. Mr. Van Pernis was informed that he should appear at the next Council meeting on Wednesday, January 22nd, in the Kona Chambers. Pursuant to Chapter 7, Section 6-7.4 of the Hawaii County Charter, the Leeward Planning Commission shall consist of seven members, appointed by the Mayor and confirmed by the Council. Your Committee on Planning is not in accord with the purpose and intent of Communication No. 689, and forwards it to Council with a negative recommendation. cc AYES NOES ABS EX Respectfully submitted, CHUNG X DAVID x COMMITTEE ON PLANNING EOFF X KIERKIEWICZ XONt‘ KANEALI`I-KLEINFELDER X LEE LOY X POINDEXTER x ASHLEY L. KIERKIEWICZ, CHAIR RICHARDS X PC REPORT NO.: 43 VILLEGAS X ADOPTED: