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