Commentary and Timeline of the PLDC Decision by Big Island Resident Glenn Shiroma

I received the following from Big Island Resident Glenn Shiroma on the PLDC decisions that have been going on:

Please be advised of the following:

(1)  Governor Abercrombie failed to approve PLDC public hearing for Tuesday, November 13, 2012.  See attached Public Hearing Memo

(2) PLDC proposed Hawaii Administrative Rules Chapters 301 and 302 violated Administrative Directive 09-01 for rule-making.

a.  PLDC failed to comply with HRS Chapter 91-4.2 Ramseyer Format whereby [deleted] was not used.

http://hawaii.gov/lrb/research.html

b.  Chapter 301, pdf page 38, should stated Approval for Public Hearing with Deputy AG signature.

http://hawaii.gov/dlnr/pldc/rules/pldc-chapter-13-301-proposed-121002.pdf

c.  Chapter 302, pdf page 48, should state Approval for Public Hearing with Deputy AG Signature.

http://hawaii.gov/dlnr/pldc/rules/pldc-chapter-13-302-proposed-121002.pdf

(3)  On Tuesday, November 13, 2012, many testifiers complained about hold the public hearing ONLY on Oahu.  On Thursday, November 5, 2012, Lloyd Haraguchi stated PLDC is short of funds to go out statewide.  See attached Public Hearing Notice for Nov 13

(4)  SLH 2012, Act 241 signed on July 6, 2012

Small Business Regulatory Review Board; Administrative Rules; Board Membership
Description: Authorizes the small business regulatory review board with good cause to request a written response from the agency explaining the rationale used to deny the public concerns; establishes requirements to be included in the written response; reduces the size of the board from eleven to nine members, with the director of business, economic development, and tourism, or its designated representative, to serve as an ex officio voting member of the board; and requires each agency to notify the board on an annual basis of any rules that should be amended or repealed to reflect statutory amendments or repeals. (CD1)

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=SB&billnumber=2739

(5)  SLH 2012, Act 282 signed on July 6, 2012

PLDC; Stadium Facilities Special Fund
Description: Transfers development rights of certain lands under the division of boating and ocean recreation and land division to the public land development corporation. Exempts certain lands from the definition of public land under chapter 171, HRS, but requires legislative approval for the sale or gift of those lands. Creates the stadium facilities special fund into which shall be deposited a portion of the proceeds generated by the PLDC on Aloha stadium lands and facilities. Allows the PLDC to contract with state and county agencies for lease management services of PLDC-controlled land. Clarifies the definition of development rights. (SD1)

http://www.capitol.hawaii.gov/measure_indiv.aspx?billtype=HB&billnumber=2398

(6)  PLDC Hawaii Sunshine Law complaints:

a. Public Hearing held on July 25, 2012  (S INVES-P 13-3)

b. Public Hearing held on September 20, 2012 (S INVES-P 13-2)

c.  Public Hearing held on October 11, 2012 (S INVES-P 13-4)

(7)  OIP’s Interpretation of HRS Chapter 91, §92-7 Notice:

(e) The board shall maintain a list of names and addresses of persons who request notification of meetings and shall mail a copy of the notice to such persons at their last recorded address no later than the time the agenda is filed under subsection (b). [L 1975, c 166, pt of §1; am L 1976, c 212, §2; am L 1984, c 271, §1; am L 1985, c 278, §4; am L 1995, c 13, §2; am L 2012, c 177, §2]

http://www.state.hi.us/oip/Sunshine%20Law%20Notice%20Quick%20Review.pdf

With all of the above being said..

(1)  The above are some of the  “talking points” that maybe heard on Carrol Cox Show, Sunday, November 21, 2012.

http://carrollcox.com/Show111812.htm

(2) Today, November 21, 2012, PLDC public hearing for November 28, 2012 agenda will be coming out.  The content of the public hearing agenda will demonstrate if  malfeasance  will be committed, AGAIN.  (Emphasis Added)

If there are any questions, please do not hesitate to inquire with the PLDC board members and/or those that are copied..

Glenn Shiroma  :-X
Big Island

Warriors Host Military Night Game Against UNLV – Dwayne “The Rock” Johnson Says to BRING IT

The University of Hawai’i Warrior football team will close out its two-game, season-ending home stand by hosting UNLV in a Mountain West contest, Saturday, Nov. 24 at Hawaiian Airlines Field at Aloha Stadium. Kick-off is 6:00 p.m.

Dwayne “The Rock” Johnson just posted a picture of him posing in his Hawaii Wounded Warrior Jersey:

Dwayne “The Rock” Johnson say “BRING IT”

Governor Abercrombie Asked PLDC Board to Temporarily Defer Action on Pending Rules

Governor Neil Abercrombie today asked the Public Land Development Corporation (PLDC) Board of Directors to temporarily defer action on pending rules while public concerns about the agency are fully considered and addressed. Additionally, the Governor directed the state Department of Land and Natural Resources (DLNR), to which the PLDC is administratively attached, to facilitate meetings with stakeholders.

“I have asked the PLDC board to postpone any meeting dates and adoptive actions until those concerns are fully taken into consideration,” said Governor Abercrombie. “I do not want the potential for the PLDC to accomplish public good to be lost because of a failure to account for reservations about either the process or the outcome. I have asked DLNR Chairperson William Aila to meet with stakeholders to address the PLDC’s administrative rules and the rule-making process before moving forward.”

The meetings conducted by Chair Aila will be done with full accountability and transparency, and with the understanding that if public concerns cannot be adequately addressed, then a legislative process may be appropriate.

“We will do our best to alleviate public concerns; however, the PLDC is the creation of the Legislature and lawmakers will ultimately be the ones to decide its future,” said Governor Abercrombie.

Established in 2011 by the Hawaii State Legislature, the PLDC’s purpose is to create and facilitate partnerships between state and county agencies, businesses, non-profits, and community groups to improve Hawaii’s communities, create jobs and expand public benefit through stewardship and responsible use of land resources.

Currently, the PLDC is completing a public review process, mandated by law, to formulate its administrative rules. Last summer, the PLDC conducted statewide public hearings on draft rules and encountered concerns from the public and community groups that followed the initial passage of the law.

The PLDC staff worked with legislative proponents to complete a strategic plan to better define its scope, dispel myths and facilitate continued review of its draft rules. The PLDC has also proposed amendments to its draft rules based on public input and held an additional public hearing on Nov. 13 to provide further opportunity for public comment.

“It is the responsibility of PLDC staff to follow through with the public commentary process, and personal attacks which have characterized some of the testimony are, in my opinion, misdirected and unproductive,” added Governor Abercrombie. “We’ve heard the concerns and now need to focus on productive dialogue with stakeholders before proceeding.

“The PLDC has the potential to support new schools, recreational facilities and operations by using public lands for public purposes that otherwise may not have had sufficient funding. We will continue to work closely with the Legislature and all interested parties involved to do what is best for the people of Hawaii.”

To view a “frequently asked questions” webpage about the PLDC, visit this link.

North Peck Bridge to Close on Certain Days for Repairs

Repairs to North Peck Bridge, the first bridge on Peck Rd in Mountain View are scheduled to begin the week of November 26 with completion the week of December 24.

Site Engineering was awarded the contract for $32,000.

During the week of December 3-12, the bridge will close on certain days, between the hours of 8 a.m. to 2 p.m. weather permitting to replace the wooden planks.

The date will be posted in advance of the bridge closure on an electronic message board at the entrance to Peck Rd on Hwy 11.  This is to provide motorists the opportunity to prepare for the alternate route to Hwy 11 via Ihope to North Kulani Rd.