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Home My WebLink AboutCOM 0689.012 2018-2020 �� &V�n �� - MurashiLaura From: test < howaiirccom> Sent: Saturday,January 11, 2020831AK4 To: Council Testimony Cc Bautista, Rose; Pisicchko, Nancy, Baez,Wendy Subject: Re:Appointment of Mark Van Pernis to the Hawaii Leeward Planning Commission Dear Council Chair Aaron Chung and Council Members, I am and have been a member in good standing with the Hawaii State Bar Association (HSBA)and the West Hawaii Bar, and alawyer inHawaii for 4O+years. | amonow nearly completely retired. From June of2O16toApril of2819 ( served os a Commissioner of the Kailua Village Design Commission (KVDC),to which I was unanimously appointed, without oppositionL. (Seereoommnendation |ettcrsfrnmfe||nwKVDCconnmissionexsChin8andHethe/ingtnn.) I ask you to review the following information relating to matters that were not fully presented at the 1/9/20 Planning Committee meeting. 1. Google Posting. In a google posting of approximately a decade ago, Mr. Dean Gilpin doing business esasHoonoau Imua LLC. (Gilpin) used a mainland website called "The Committee To Expose Dishonest and Incompetent Judges, Attorneys and Public Officials" to post a negative comment about me, including the long prior HSBA matter involving a foreclosure | was involved inmany years before,explained below. |1appears that"The Committee" did noother Hawaii business and now posts negative complaints about President Trump.The google site had/has 7+other postings for me ornnyfirm which are positive /4orSstars>. | and myfirm have had no other negative reviews. Gilpin purchased land in South Kona in approximately 2008 from Donald Rullo (Rullo) by Agreement os Sale, mortgaged by American Savings Bank(AS8),via Clark Realty and KedtimeRealty. Atnotime did | ornnyfirm represent Gilpin orRu|||o. | represented Mr. And Mrs. Ethan.Sharkey and other neighbors of the property concerning alleged damages to their lots. Ru||oand ASB were not being paid. Gi|pin's proposed development(subdivision)failed because ufthe real estate recession atthat time and lack offinancing. Gilpin sued Rullo, Clark Realty, Redtime Realty, Putnam Clark, the Sharkeys and their trust, the other neighbors and their trust, me and my firm and the other attorney in my firm, and other unidentified parties. It was the defense' sposition that Gi|pin'sclaims had nomerit whatsoever. Atone point, Gilpin indicated hewanted tosettle yothat his property could bebailed out offoreclosure, |twas indicated that abad review would beposted onthe internetinthe absence ofsettlement, but removed ifthere was settlement. There was nosettlement. Later the case was entirely dismissed by Judge Kim. Gilpin, representing himself,didn't appear at the dismissal proceedings. 2. HSBA matter.Approximately 15 years ago or more, I represented a homeowner whose home was "under water" and being foreclosed upon. A foreclosure commissioner,Sarah Smith,Esq.,was appointed by the Court to sell the mortgaged realty.The commissioner was in the process of selling the realty, but also a koa canoe (personalty)owned by my client, I argued to the commissioner that she was charged with selling only the realty and not personalty /the canoe), She complained to the Court that I was arguing with her as foreclosure cvcommissioner and the Court said she could file complaint with the HSBAifshe wanted to.The commissioner did complain via a letter tuthe HS8A, which resulted in my responsive letter and then more letters from each side.The result from the HSBA is recited in the negative Google posting. Although I thought the commissioner was exaggerating, I decided not to contest the HSBA result because: a. | was allowed towork under rnypartner's supervision during the short period nfsuspension; b.| was informed by the HSBA that this was a minor infraction,and not uncommon as to other attorneys; c. I wanted to avoid the expense and publicity ofapublic contest with the H58A; and d. | experienced anunexpected increase incases and referrals from other attorneys that came my way because I was supposedly willing"to take on the system". Later, on appeal, myposition unthe foreclosure personalty issue was vindicated. | was timely and fully reinstated bythe HS8A. Commissioner Smith,though much younger than me, has not been active in Kona for quite some time. |should not be disqua|iOednurfurther^punished"forthisunre|atedonddecodeoo|dmatter. /L�� K� 1 Comm. No. `�«M`V� Ref. Ref. Date-JAN 2 2 2QZQ & 3. Prior connmentarv/npinions. I've appeared before the previous County-wide P|anningComnmissionandthe subsequent Leeward Planning Commission on behalf of applicant developer clients and pro bono for community groups many times inthe last 4O+years. | have also expressed myown self before County agencies and inthe West Hawaii Today newspaper. This demonstrates knowledge and experience of the procedures and goals of the Commission and the County. This past expression asanadvocate ioaHawaii and Federal Constitutional right. There should beno disqualification or penalty for past use of that right, regardless of whether one agrees or disagrees with what is said. I urge you to read in its brief entirety the newspaper article which was referred to inthe prior hearing ofthe Planning Committee,of which a single phrase was presented out of context,and judge for yourself the reasonableness and rationality of that opinion concerning the Palamanui development, my home being in the adjoining Makalei Estates agricultural subdivision. There is big difference between expressing editorial opinion and serving asa practical commissioner, I know the difference well,and respect it, as my service on the KVDC shows. I believe I am well qualified to serve as a member of the County of Hawaii's Leeward Planning Commission, and that. the above referred to matters are not relevant now and/or do not disqualify me. Being now mostly retired and with no conflicts of interest, I have the time and willingness to serve and do a good job. | humbly ask for your approval. Sincerely, Mark Van Perinis ~ 3