HomeMy WebLinkAboutPL-REZ-2022-000033 12.20.22 VAN PERNIS TESTIMONYDeVera, Ashley
From: Mark Van Pernis <mvpvv@hawaii.rr.com>
Sent: Tuesday, December 20, 2022 9:40 AM
To: Kona Letters
Cc: Cindy Evans; Inaba, Holeka; Villegas, Rebecca; Kanealii-Kleinfelder, Matt; Sauer, Noriko
Subject: KV3 LLC, Kona IIIL LCC, West Hawaii Planning, Planning Director conflict of interest
]This article concerns the disservice, damage and incompetence of the County Planning Department as to West Hawaii,.
(WH), using the current application of KV3 LLC and Kona Three LLC before then Leeward Planning Commission (LPC) for
an additional 10 year extension (which would be a total of about 50 years of delay (!) without consideration of
contemporary community impact accruing during the delay or any "sunset"). It is not a comment on the
appropriateness or not of the big proposed residential project, the sale of the project to the LLCs, or the additional delay
sought,.
The West Hawaii (WH) community is being deprived of the independent review, consideration, and recommendation of
a Planning Director on behalf of WH because of his (Mr.Kern's) disqualification resulting from his and his corporation's
prior representation and favorable promotion of the project. His corporation continues to interact with the Director and
Planning Department. Precedent indicates that the disqualification of a department head (e.g.the Director) also is
disqualification of his or her staff. However, Mr. Kern has not disqualified his staff, and instead asked that it deal with
the application, Accordingly the loyal staff has issued a favorable recommendation, compatible with the prior private
representation of Mr. Kern. This recommendation has not considered all currently relevant factors. A disqualification of
Mr. Kern as Director automatically disqualifies his staff. Independent review and recommendation is needed here, and
in all matters in which Mr. Kern and/or his corporation have or are involved as private representatives or consultants.
Mr. Kern, as director, has currently refused to do so on this and prior matters, and has not disclosed all those clients.
The mayor seems OK with Director's conflicts.
WH has generally lacked competent land planning for the present and future from the Director, the Planning
Department, the LPC (which, in its failure to independently investigate, depends on Director reviews and
reccomendations), the County Council and the mayor. Glaring evidence is the Queen Kaahumanu, Henry Street,
Mamalahoa/Palani, Alii,Hualalai traffic jams, near shore waters degradation, and affordable housing crisis. All are
caused by development using those roads, and long delays ( usually so there can be a profitable sale) granted by the
Planning Director, then the LPC and Council without consideration of community needs accruing during the delays, and
without land planning concerning the impacts on WH of the development.
Does the Director/Department know the traffic count at Kuakini when the project was first proposed in the1980s?
Now, 40 years later?, 10 years hence, wth the Director's staff recommended approval of further delay? Has there any
traffic study for the area, ever? Has there been any planning for this? The answers are "no", "no", "no", "no", and
definitely "no"! Queen K is already beyond its limits, as is Henry Street at certain times, and Hualalai mauka is jammed
by those trying to get past some of the Queen K standstill jam.
Shouldn't Mr. Kern's loyal staff be disqualified? Shouldn't whoever is dealing with this application for delay do land
planning for WH instead of servicing Mr.. Kern's former client? Shouldn't the LPC independently investigate and plan for
all WH and not rely on the reccomendation? Shouldn't the County Council say "no", and tell the applicant to comply
with pending bill 194, including a "sunset" provision and affordable housing now? Shouldn't the Hilo based mayor
reconsider his appointment of Mr. Kern as Planning Director?
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