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of the board; and requires each agency to notify the board on an annual basis of any rules that should be amended or repealed to reflect statutory amendments or repeals.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

3 Responses

  1. Aloha
    Thanks to Damon for posting this, and special thanks to Glenn Shiroma for his attention and opposition to the PLDC. Good work in the tradition of the late Jerry Rothstein.

    I am saddened by Governor Abercrombie’s support of this type of thing. He should remember his roots and go out and listen to people on this issue personally. He has allowed himself to be isolated by big money over the years in order to stay in the House and do the good work he was doing there.

    It’s not too late to accomplish the goal of properly funded and improved public parks and other services. These are the stated reasons to implement the PLDC. Other revenue streams should be investigated and utilized before giving up public oversight and decades of grassroots planning decisions on land use issues. I can see that this was an end run on existing planning decisions made at the County level. The Governor should try to recognize this and think about the history of individuals that authored the PLDC legislation.

    There are better ways to capture the state resources for the benefit of the state of Hawaii. The PLDC as it stands is not the way to go.
    a hui hou
    Former Hawaii County Councilmember Bob Jacobson Puna/Kau/South Kona

  2. Abercrombie needs to to be stopped. Next election…

  3. The only solution is abolish PLDC by REPEALING ACT 55. Don’t allow PLDC to divide and conquer.

    http://www.youtube.com/watch?NR=1&feature=endscreen&v=2ntspNKzhyY

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