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HomeMy WebLinkAbout031513 Agenda Packet Laurie Ho Members Chair Dr. David Lorence Kawika Smith R E C EW D Lawrence Borgatti Co-Chair Dee Crowell '13 MAR -7 All :41 Deputy Planning Director THE tr , COUNTY OF KAUAI ARBORIST ADVISORY COM1NUTTEE NOTICE OF MEETING AND AGENDA Friday, March 15, 2013 9 :00 a.m. or shortly thereafter Mo 'ikeha Building, Meeting Room 2A/2B 4444 Rice Street, Lhu`e, Kauai, Hawaii 96766 CALL TO ORDER APPROVAL OF MINUTES Meeting Minutes of February 15, 2013 COMMUNICATIONS AAC 2013-04 Copy of a Communication dated February 22, 2013 from Samuel W. Pratt President of the Niu Pia Land Company Ltd. to Planning Director Michael Dahilig, as it relates to TMK #(4)4-3-7-29 (and 30) Exceptional Tree Removal. BUSINESS AAC 2013-03 Discussion and decision-making on a request for a recommendation from Walton D.Y. Hong Attorney for Barbara Banke and the Jackson Family Investments, to seek removal of designated Exceptional Tree No. K- 13 , Tropical Almond otherwise known as a False Kaman tree or Kamani Ula or Terminalia catappa located on real property known as Lot 53 on the Jackson Property in Haena, Kauai, Hawaii and situated on TMK: (4)-5-9- 005-002 approximately 80 feet mauka along Kuhio highway. (Deferred on 2/15/13) AAC 2013-05 Exceptional Tree nomination submitted by Robert Maccallum, Brad Kreller, Peggy Lenahan, Don Healy, Mary Ransbury, Jim Nelson, Dawn Olsen, Dorathea Liverman, and Joseph Crivelli, received on February 7, 2013 . The applicants seek to designate the existing seven (7) Monkey Pod Trees also known as the Rain Tree, Pithecellobium. . Samanea saman or Albizia saman located at 440 Aleka Place, Kapaa, Kauai, Hawaii 96746, and situated on TMK: 43-02- 13 , to be considered and nominated as exceptional trees pursuant to Section 22-5.3 of the Kauai County Code as amended. Equal Opportunity Employer EXECUTIVE SESSION Pursuant to Hawaii Revised Statutes, ("H.R. S .") §92-7(a), the Committee may, when deemed necessary, hold an Executive Session on any agenda item without written public notice if the Executive Session was not anticipated in advance. Any such Executive Session shall be held pursuant to §924, H.R.S. and shall be limited to those items described in H.R. S . 92-5 (a). Discussions held in Executive Session are closed to the public. ADJOURNMENT PUBLIC COMMENTS AND TESTIMONY Persons wishing to offer comments are encouraged to submit written testimony at least 24-hours prior to the meeting indicating. 1 . Your name and if applicable, your position/title and organization you are representing. 2. The agenda item that you are providing comments on; and 3 . Whether you are testifying in person or submitting written comments only. While every effort will be made to copy, organize, and collate all testimony received on the day of the meeting, any improperly identified material may be distributed to the members after the meeting has concluded. The length of time allocated to persons wishing to present verbal testimony may be limited at the discretion of the chairperson or presiding member. Send written testimony to: County of Kauai Arborist Advisory Committee Office of Boards and Commissions 4444 Rice Street, Suite 150 LUiu'e, Kauai, Hawai'i 96766 Phone: (808) 241 -4920 Business Fax: (808) 241 -5127 E-mail: myounAkauai.gov SPECIAL ACCOMODATIONS If you need an alternate format or an auxiliary aid to participate, please contact the Boards and Commissions Support Clerk at (808) 241 -4920 at least (5) working days prior to the meeting. Arborist Advisory Committee — March 15, 2013 COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee: ARBORIST ADVISORY COMMITTEE Meeting Date February 15, 2013 Location Mo'ikeha Building — Liquor Conference Room [Start of Meeting: 9: 10 a.m. End of Meeting: 10:35 a.m. Present Chair Laurie Ho; Co-Chair Dr. David Lorence; Members: Lawrence Borgatti; and Deputy Planning Director Dee Crowell Also Deputy County Attorney Jodi Higuchi; Board & Commissions Office Staff: Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura Public testimony: Samuel Pratt, President of Niu Pia Farms Ltd. ; Jerry Nishek, Certified Arborist; Attorney Walton D.Y. Hong, Love Bernhelm, Alison Chuang, David LaCock, Karen Sherwood, Larry Smith, Koral McCarthy, Elijah Frank, Mindy Smith, Sharon Laton, Daisy LaCock, Nick Arnold, Beth Ann Chandler-Baptista. Excused Member Kawika Smith Absent SUBJECT DISCUSSION ACTION Call To Order Prior to the meeting being called to order, Eddie Topenio, Administrative Chair Lorence called the meeting to order at 9 : 10 Assistant to the County Council, gave the Oath of Office to member a.m. Lawrence Borgatti. AAC 2013-01 Selection of Mr. Lorence moved to nominate Ms. Ho to the Chair and Co- • Laurie Ho — Chair Elect position of Chair for 2013 . Mr. Borgatti Chair for 2013 • Lawrence Borgatti— Co-Chair Elect seconded the motion. Motion carried 4:0 Mr. Lorence moved to nominate Mr. Borgatti to the position of Co-Chair for 2013 . Ms. Ho seconded the motion. Motion garried 4:0 AAC 2013-02 AAC 2013-02 Discussion and decision-making on a request for a recommendation from Niu Pia Land Company, LTD to the Arborist Advisory Committee, to seek removal of designated Exceptional Trees No, K- 12 Coconut Grove otherwise known as Niu Coconut- alm or Cocos Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 2 SUBJECT DISCUSSION ACTION nucifera these tress are located in Waipouli, Kauai, Hawaii and situated on TMK: (4)4-3-007-029 and TMK: (4) 4-3-007-030 on the makai side of Kuhio Hi way 56 in Waipouli. (a) Communication dated 07/06/12 from Jerry Nishek, General Mangger of Kauai Nursery & Landscaping, Inc. and Certified Arborist ()YE- 7410A), to Doug Haigh Public Works Chief Buildings Officer, regarding a Preliminary Arborist Report for Coconut palms otherwise known as Niu, Coconut-palm or Cocos nucifera located in Waipouli, Kauai, Hawaii and situated on TMK: (4) 4-3 -007-029 and TMK: (4) 4-3-007-030 on the makai side of Kuhio Highway 56 in Waipouli. Mr. Lorence moved to receive item AAC 2013 - 02 (a). Mr. Borgatti seconded. Motion carried 4:0 Mr. Lorence called for public testimony on item AAC 2013-02. Mr. Pratt stated that his presence today is to request approval from the Arborist Advisory Committee to remove the dead and dying coconut palm trees on the subject property which is covered by the County's Exceptional Tree Ordinance. But more importantly because the trees pose a severe safety hazard to the general public and should be dealt with immediately. Mr. Pratt gave the Committee a brief history on how his great-grandfather planted the coconut palm trees in 1911 as part of a 1 , 100 coconut seedling planting operation in Waipouli. He stated that the entire inventory of trees is approximately 100 years old, which places them at the far end of their average life span of 80 to 100 years. He indicated that approximately 12 to 15 individual coconut palms have expired and have begun to topple over due to decay. He indicated that a number of other individual trees are showing advanced signs of senile decay which is the beginning stages of death. Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 3 SUBJECT DISCUSSION ACTION Mr. Lorence stated that the Arborist Report is very well documented and as far as he can tell by looking at the photographs, a number of the coconut palm trees have already died. Mr. Lorence asked how tall the trees are. Mr. Pratt stated that the trees are estimated to be 90 feet tall which is taller than the buildings in the area. Mr. Borgatti stated that as a Certified Arborist, he noticed that there were more dead trees located on the Mauka side of the road. He asked why those trees were showing signs of decay. Mr. Jerry Nishek stated that some of the trees may have developed heart-rot which could be slowly spreading throughout the grove eventually killing the trees. He indicated that the heart-rot problem has been discovered in both the Wailua and Kapaa area and that the disease is slowly spreading and affecting more trees throughout the island. Chair Laurie Ho asked whether the coconut palm trees on the subject property located closer to the highway were younger than the trees located on the Makai side of the coconut grove. Mr. Pratt stated that records show that the trees are about the same age or similar in age, and that they were all planted by his great-grandfather. He indicated that historical records will show that the coconut palm trees in that area were planted between 1911 and 1914. Mr. Lorene asked Mr. Pratt if he had any intentions of re-planting saplings to perpetrate the coconut grove. Mr. Pratt explained that his family has been part of that area for many years, and at one time that area was known as the "Coconut Plantation" at Waipouli. Today, that area is known as the "Royal Coconut Coast" so having an absence of coconut trees would be funny. He further explained how important it was to his family that coconut palms trees remain in that area, and that they are planning to propagate the trees by using the existing healthy stocks and re- Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 4 SUBJECT DISCUSSION ACTION plant the saplings at the base of each tree they remove without disturbing the existing ground conditions. Mr. Borgatti asked Mr. Pratt besides asking for permission to remove the coconut palms was he also seeking advice and guidance from the Arborist Advisory Committee on how to remove coconut palms. Mr. Pratt said yes. He explained how important it is for Niu Pia Farms to properly remove the dead and dying coconut palms without disturbing the existing ground condition. Chair Ho asked whether it would be appropriate for the Committee to make a recommendation to the County Council to allow the removal of the dead and dying coconut palms immediately because it poses a safety hazard. In addition, the owners have indicated that they are going to re- plant new saplings at the base of each tree they remove without disturbing the existing ground conditions. Deputy County Attorney Higuchi brought to the attention of the Committee that relative to the adoption of Ordinance 240 in 1974, K- 12 was designated as Exceptional Trees. She explained that in 1979, the Planning Commission granted Niu Pia Farms preliminary approval to subdivide Lot 5 (TMK 4-3 -007-029) into Lots 5A & 5B . In October 1981, the final subdivision was approved which is now known as TMK' s 4-3 - 007-029 and 4-3-007-030 respectively. Ms. Higuchi indicated that there was a need to amend Ordinance 240 to include both TMK's. Mr. Pratt stated that Niu Pia Farms acknowledged the fact that an amendment needs to be made to Ordinance 240. He noted that the majority of the dead and dying Coconut palms are located on TMK 4-3 - 007-030. Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 5 SUBJECT DISCUSSION ACTION Chair Laurie Ho called for a motion based on the information received. Mr. Borgatti moved to support a recommendation to amend Ordinance 240 to include TMK' s 029 & 030, and removal of the dead and dying Cocos nuci era trees; re-plant new saplings at the base of each tree removed. Dr. David Lorence seconded the motion. Motion carried 4:0 AAC 2013 43 AAC 2013-03 Discussion and decision-making on a request for a recommendation from Walton D.Y. Hong Attorney for Barbara Banke and the Jackson Family Investments, to seek removal of designated Exceptional Tree No. K- 1 3 ,Tropical Almond otherwise known as a False Kamani Tree or Kamani Ula or Terminalia catappa, located on real property known as Lot 53 on the Jackson Property in Haena, Kauai, Hawaii and situated on TMK: (4)-5-9-005-002 approximately 80 feet mauka along Kuhio highway. (a) Copy of a communication dated 10/16/12 from Steve Nimz. ASCA Consulting Arborist (WE-0314AM) and Certified Tree Risk Assessor (#419), to Walton Hong, Attorney at Law, regarding a tree assessment to address a group of Tropical Almond otherwise known as a False Kamani Tree, Kamani Ula or Terminalia catappa located on real property known as Lot 53 on the Jackson Property in Haena, Kauai, Hawaii and situated on TMK: 4)-5-9-005-002 approximately 80 feet mauka along Kuhio hijzhwqy. Chair Laurie Ho called for a motion to receive item AAC 2013-03 (a). Mr. Lorence moved to receive the communication. Mr. Borgatti seconded the motion. Motion carried 4:0 Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 6 SUBJECT DISCUSSION ACTION Deputy Planning Director Crowell asked whether the False Kaman tree was located in a Conservation District. Ms. Higuchi explained that because the subject tree is located in a State Land Use Conservation District, she would need additional time to do research on whether there are jurisdiction issues regarding the removal of the subject tree. She suggested that the Committee defer this matter for continued discussion at its next meeting. Chair Laurie Ho acknowledged the request and then indicated that she would accommodate the public members who wished to give testimony on the subject matter. Public testimony Ms. Love R. Bernheim, member of the public, read her testimony, which is attached hereto. Included with her written testimony was a petition signed by 80 people supporting the preservation of Exceptional Tree K- 13 . The association of the tree has two burials, which are located within the roots and is a culturally and historically significant landmark. Mr. David LaCock, member of the public, read his testimony, which is attached hereto. He stated that he is the driving force to preserve Exceptional Tree K- 13 . He was emotional and expressed his fear that once the tree is gone there would be no way to replace this archeological treasure. Ms. Alison Chuang, member of the public, read her testimony, which is attached hereto. She stated that the tree is very special to her and her four year old granddaughter because of its shade and that it is the resting place of her granddaughter's ancestral beings. She stated that it is her hope that the tree and its roots remain part of Hawaii's cultural heritage. Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 7 SUBJECT DISCUSSION ACTION Ms. Karen Sherwood, member of the public, read her testimony, which is attached hereto. She stated that the land that the tree is located on has been in her husband's family for generations. Included with her testimony was a copy of her husband' s genealogy (Olanolan) which agrees with the records that have been handed down by her Kupunas. Ms. Millie Kihilokolo Olanolan, who was not present during the meeting, provided a copy of her written testimony, which is attached hereto. She stated her support in the preservation of Exceptional Tree K- 13 . Mr. Walton Hong, Attorney representing Barbara Banke and the Jackson Family Investments, read his testimony, which is attached hereto. He asked for the Committee' s consideration for the removal of K-13 from the exceptional tree list based on subsection (h) in the Ordinance which states that in the event a tree should be found that such designation as an exceptional tree is a total denial of the reasonable economic use of the property, the County may remove the tree from the protection of the Ordinance. Mr. Hong requested that he would like the opportunity at the end of public testimony to respond to the concerns brought forth by the public. Chair Laurie Ho acknowledged his request. Mr. Larry Smith, general contractor, stated that upon inspection of the property and the subject tree it was determined that the lot is not buildable if the tree remains on the property. Ms. Koral McCarthy, member of the public, voiced her concerns that the explanation by Mr. Hong in which he states that the exceptional tree is a total denial of the reasonable economic use of the property is not true. She indicated that the Jackson Family is very wealthy and that they already have a beautiful oceanfront home on the Makai side of the highway across from the subject property, Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 8 SUBJECT * DISCUSSION ACTION She asked that the Committee look at the issue with emotion because their decision will affect the preservation of the two grave sites that have been on the property for generations. Mr. Elijah Frank, member of the public, stated that he grew up in Haena. In his thirty-six years of living there everyone in the community knows about the burials and has nothing but respect for them. He stated that the owner's financial interest does not rest solely on the subject property because their economic interest is on a global level and that any financial gain would not be achieved. Ms. Mindy Smith, Property Manager for the Jackson Family Investments stated that contrary to belief that the Jacksons are just part time visitors, the fact is that the Jackson Family are on island more than a couple of times a year and have stayed for the duration of 2 months in the last b months. She indicated that the Jackson family are very respectful people and that they do not want to do anything that would offend the community. She pointed out that the economic status of the Jackson Family should not influence the process. Ms. Sharon Laton, member of the public, testified that the subject property is not a big piece of property and that she finds it hard to understand why the Jackson Family would want to put a house on it. She is hopeful that the people hired by the Jackson Family show respect for the people living in the area and even suggested that the owners donate the property for the cause so that the community would love them. Ms. Daisy LaCock, member of the public, testified that she grew up next to the subject property where the tree and the burials are located. She expressed with emotion how much the tree means to the people living in the area. She asked that the Committee make the right the decision to Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 9 SUBJECT DISCUSSION ACTION preserve the tree. Mr. Nick Arnold, member of the public and lifelong Haena resident, testified that he had the privilege to be raised in Haena and be part of that community. He stated that he understands that the decision to remove the tree does not lie with the Committee however, he asks that the Committee make a recommendation to the County Council supporting the preservation of the tree. He also asked that the Committee send a message to the County Council to let them know that the Haena community opposes the removal of the tree and that the area is very special to them. Ms. Beth Ann Pualani Chandler- Baptista, member of the public, gave an emotional plea to the Committee to preserve the ground area in which the burial site is located. She indicated that the burial site is a significant and cultural presence in the Haena area. She voiced her concerns on the handling of burial sites that are in close proximity of people homes. She stated that in respect to her ancestors who have passed on and who are interned on the property, removal of the tree would affect the burials. Mr. Crowell asked whether the two burials on the property are the only ones on the property. Ms. Baptista replied that the two burials are the only ones that have been accounted for however, she believes that more burials are on the subject property and that some of the burials were marked at one time but that was a long time ago. In addition, Ms. Karen Sherwood indicated that she would be submitting additional written testimony from the adjacent landowner Rick Berry supporting the preservation of the tree. Attorney Walton Hong thanked the Committee for the opportunity to respond to the public' s concerns and comments. Mr. Hong stated that it is Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 10 SUBJECT DISCUSSION ACTION unfortunate for someone who is able to afford to buy a piece of property to be denied the same rights as anyone else. The applicant bought the piece of property because in the Conservation District, no matter how big of a property a person has, you are allowed to build only one residence of so many square feet; that' s the law. Mr. Hong explained that the Jackson Family is a fairly large family with a fair amount of visitors who come to visit and because of that very reason the family found that they were having trouble accommodating their family and friends who wished to visit the island. He further explained that when the opportunity presented itself, the Jackson's decided to purchase the subject property with the intent of building another residence to accommodate their family needs. Mr. Hong stated that the family' s ability to purchase the property is a factor to be considered. He indicated that by legal standard under the Exceptional Tree Ordinance, if found that the designation is a total denial of the reasonable economic use of the property, the County Council may remove the tree from the protection of the Ordinance. Mr. Hong stated that he is aware that there are two burials on the site; however, no one can really say where the other burials are. Mr. Hong stated that at the time when the Jackson Family was building their oceanfront home on the Makai side of Kuhio highway, some bones were discovered and they treated the situation with all due respect and in the manner in which the law required. He indicated that the same kind of respect and process would be taken should any burials be uncovered in the course of construction. He stated that all work would stop immediately and that they would have to notify the proper authorities (the Department of Land and Natural Resources Historic Preservation Division) who would determine the course of action to take. Mr. Hong stated that this type of action on the part of the land owners demonstrates respect for all burials uncovered. Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 11 SUBJECT DISCUSSION ACTION Mr. Hong asked Ms. Sherwood if he could be provided with a copy of the genealogy which she submitted to the Arborist Advisory Committee, Chair Laurie Ho stated that it becomes part of public record once it is submitted as public testimony. Mr. Hong respectfully asked that the standard set forth in the Ordinance be adhered to by the Arborist Advisory Committee, Mr. Crowell asked if the subject property was part of a kuleana. Mr. Hong replied that records show that the subject property (Lot 53) was once part of a kuleana that belonged to the Haena Hui and that both the non-kuleana and kuleana lands was chopped up and re-distributed. Chair Laurie Ho pointed out that the Committee had also received written testimony dated 2/12/13 from Laurinda Nikkel and Arne Knudsen to the Arborist Advisory Committee, supporting the preservation of Exceptional Tree K- 13 . Chair Laurie Ho called for a motion to receive the written Mr. Lorence moved to receive. Mr. Borgatti testimony for the record, which was read by Ms. Love Bernhelm, and seconded the motion. attached hereto. Motion carried 4:0 Chair Laurie Ho voiced her concerns regarding the burials on the subject property. She asked whether it would be premature for the Committee to contact the Burial Counsel to request information on how to proceed since no construction is being proposed. . Mr. Crowell suggested that the Committee hold off in making any decisions until it hears back from the Deputy County Attorney. Chair Laurie Ho called for a motion to defer item AAC 2013-03 for continued discussion at the next meeting pending receipt of Ms. Higuchi's Mr. Lorence moved to defer. Mr. Borgatti research on the Conservation Land District and if the County has any seconded the motion. jurisdiction over the subject property. I Motion carried 4:0 Arborist Advisory Committee Meeting - Open Session February 15, 2013 Page 12 SUBJECT DISCUSSION ACTION Announcements Next meeting — March 15, 2013 at 9:00 a.m. in the Mo'ikeha Building Meeting Room 2A/2B. Adjournment With no further discussion, Chair Laurie Ho called for a motion to adjourn the meeting. Mr. Lorene moved to adjourn the meeting. Mr. Borgatti seconded the motion. Motion carried 4:0 At 10:35 a.m. the meeting was adjourned. Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Laurie Ho, Chair O Approved as circulated (add date of meeting approval). Approved as amended. See minutes of meeting. of-Kaua'i Niu Pia Land Companyp J DEPT, 900 Fort Street, Suite #1640, Honolulu, Hawaii 96813 Ph. (808) 585=8900 Fm (808) 5854902 office@niupuLcom � � -� 1 Y February 22, 2013 v N . . 4 .. r \ . O• hy. 4< Y i Michael A. Dahilig, Planning Director ) COUNTY OF KAUAI - PLANNING DEPARTMENT �V 4444 Rice Street, Suite 473 Lihue, Hawaii 96766 •N .; w r p 1�1 Attn: Dee Crowell, Deputy Planning Director w ' Z . o . Reference: TUX #(4)4-3-7-29 (and 30) M W Exceptional Tree Removal N Aloha Mr. Dahilig, 'v I am writing regarding our request to remove dead and diseased "exceptionar, trees, and to seek your guidance on receiving proper approval to proceed. As you are aware, Niu Pia Land Company, Ltd. recently appeared before the Kauai Arborist Advisory Committee to request permission to remove trees on our referenced property which is covered by the County's Exceptional Tree Ordinance. We presented a plan to remove roughly 15 to 18 trees by cutting ahem at or above grade in order to not disturb the root ball of each tree or the surrounding ground condition. Niu Pia agreed to xe-plant saplings- (roughly 3 feet in height) at the base of each tree we remove in this process, again without disturbing the existing ground conditions. Subsequent to the meeting of the Committee we understand the County Attorney's office has reviewed the ordinance, specifically Kauai County Ordinance (KCO) §22Z.7(c), which states that removal of "tr ees in a grove" may be approved by the'Planning Department as long as the property owner is not intending to de-list the property from the Ordinance. I am enclosing the following items related to our request before the Arborist Advisory Committee and the County Attorney office's interpretation of the ordinance. Kauai Nursery and Landscaping Arbonst Report Quly 6, 2012) Photos of subject trees (February 5, 2013) 0 Email(s) related to TMK parcels coveredby Exceptional Tree Ordinance t Kauai County Exceptional Tree Ordinance Would you please contact me anus/or our counsel Michael Belles (ph. 246-6961; email: MJBQkauai- law.com) to discuss how Niu Pia should properly proceed on this matter. Our mission is to continue the legacy of Edward H.W. Broadbent by owning and managing investments for the benefit of family shareholders and the communities we serve. KAUAI NURSERY & LANDSCAPING, INC 3- 1550 Kaumualii Highway, Lihue Hi 96766 Phone: (808) 245-7747 / Fax: (808) 245-9289 Contractor's License No .; ABC- 10825 E-mail; knl(a),kauam' ursery. com t4 "r jit Friday, July 06, 2012 Doug Haigh Building Division County of Kauai 4444 Rice Street, Suite 175 Lihue, Hawaii 96766 Dear Mr. Haigh: Attached is my arborist report for the Coconut palms located on the properties in Waipouli owned by Niu Pia Land Company, Ltd. Y. Sincerely, ^ General Manager Enclosures: - Preliminary Arborist Report For Coconut Palms Located On The Following Properties: T AK (4) 4=M07:029 and TMK (4) 4-3-007:030 cc: Arborist Advisory Committee PRELIMINARY ARBORIST REPORT FOR COCONUT PALMS LOCATED ON THE FOLLOWING PROPERTIES: TMK: (4) 4-3-007: 029 and TMK: (4) 4-3-007:030 Date: July 5, 2012 Prepared By_ Jerry Nishek Certified Arborist (WE-7410A) Kauai Nursery & Landscaping, Inc. 34550 Kaumualii Highway Lihue, HI 96166 Phone: (808) 245-7747 Fax: (808) 245-9289 PROPERTY DESCRIPTION The properties in question are TMK: (4) 4-3-007:029 (approximately 1 .5 acres) and TMK: (4) 4-3- 007:030 (approximately 2 acres). The properties are adjacent to each other, and are bounded by Kuhio Highway to the west, Aleka Loop to the north and east, and Plantation Hale to the south. No buildings or structures exist on the properties. The vegetation consists of a mixed grass lawn as a groundcover, and approximately 180-200 Coconut palms (Cocos nucifera) distributed on the property in an evenly spaced grid pattern. EXISTING COCONUT PALM INVENTORY ASSESSMENT The entire inventory of Coconut palms on both properties are approximately 100 years old (planted in 1911 by Edward H. W. Broadbent as part of an 1 ,100 Coconut seedling planting operation in the Waipouli vicinity). This places them at the far end of their average life span of 80 to 100 years. The condition of the Coconut grove collectively appears to indicate the progression of senile decay (the slow decline and death of individuals in the population). Approximately 12 to 15 individual Coconut palms have expired (characterized by the complete absence of a growing head of fronds). These individuals are completely dead and may begin to topple over, after decay deteriorates its remaining internal structure. A number other individuals (possibly another 12 to 15) are showing advanced signs of senile decay (characterized by the relatively small and unusually lethargic appearance of their crowns). These individuals are at the beginning stages of death, and will soon exhibit the characteristics of dead Coconut palms described earlier. RECOMMENDATIONS The Coconut palms indicated as dead should be immediately cut down and removed from the property. This will prevent unexpected toppling of the remnant standing logs. The average heights of these standing logs are approximately 90 feet. Unanticipated toppling of these logs poses a severe safety hazard to the general public and should be dealt with immediately. Pagel of 2 The Coconut palms indicated as in the advanced stages of senile decay should also be cut down and removed from the property. These individuals will soon be in the same condition as the dead individuals, posing a safety hazard to the general public. Additionally, while the existing structures of these individuals appear to be intact, there is still the chance of unanticipated toppling of these palms due to their weakened condition, After the removal of the dead and dying Coconut palms, the owner should institute a monitoring program to identify and remove Coconut palms once they begin to show advanced signs of senile decay. This proactive approach to dealing with the decline of the Coconut population will result in a significantly reduced probability of unexpected toppling of Coconut palms. An important final recommendation is for the owner to ensure that the people tasked with the takedown of the Coconut palms are skilled and knowledgeable in the safe and proper procedures for such a task. Whether done in-house or contracted out, the work should be done in a manner that places the safety of their workers and the general public at the top of their priority list. REFERENCES Chan, E., and C.R. Elevitch, 2006. Cocos nucifera (coconut), ver. 2. 1 . In: Elevitch, C.R. (ed.). Species Profiles for Pacific Island Agroforestry. Permanent Agriculture Resources (PAR), Holualoa, Hawaii • Foale, M. 2003. 1he coconut odyssey: the bounteous possibilities of the tree of life. ACIAR Monograph No. 101, 132p. "Kaua`i's coconut groves." The Garden Island. 24 Nov. 2010. Kauai Publishing Company. 2 Jul. 2012. <http://thegardenisland.com/news/local/article 6f92cbl4-f862-lldf-9abe-OO1cc4c002e0.html> Oduor, Nellie and Joseph Githiomi. 2011 . Wood Characteristics and properties of Cocos nucifera (the coconut tree) grown in Kwale District. Kenya Forestry Research Institute, Forest Products Research Centre, Smith, Karen. 1998. Cocos nucifera. Ethnobotanical Leaflets: Vol. 1998, Issue 1 , Article 8. Southern Illinois University. Watson, Donald P. 1973. Coconut as an Ornamental. Circular 478. Cooperative Extension Service, College of Tropical Agriculture, University of Hawaii Page 2 of 2 Samuel W. Pratt From: Michael Belles [MJB@KAUAI-LAW.com] Sent: Wednesday, February 06, 2013 4:58 PM To: Samuel W. Pratt; D. W. Pratt Subject: Fwd: TMK 4 -0729 Exceptional Tree duster K-12 Includes TMK 43-07 parcel 30 via SD S=80-23, apvd 10=08=80 Attachments: 43-0749830 Lots 5A 8 5B Niu Pia Farms Arbrst Rprt 74MA2.pdf; ATT00001 Atm, Ord # 2404Doc Exoeptnl Trees 12 2744.pdf; ATT00002.htm; Ord # 2774Doc Exceptnl Trees 4-07-76.pdf; ATT00003.htm; 4 -0749 Nlu Pia S-80-23 Apvl 10=08=8O.pdt, ATT00004.htm Sam: As you can see from the research and documentation provided below, the County is concluding that The Exceptional Tree Ordinance (Ord. No. 277) is equally applicable to both parcels. As we discussed previously, I cannot disagree with their conclusion. Thus, assuming there is a meeting of The Arborist Committee on the 15th this should properly be on the agenda. Michael Sent from my iPhone Begin forwarded message: From: "Leslie Milnes" <Imilnes(&Imuai.gov> To: "Michael Belles" <Mffl& AUAl-LAW.com> Subject: FW: TMK 4m$47:29 Exceptional Tree cluster K42 includes TMK 43-07 parcel 30 via SD S40-23, apvd 10-08=80 Good.day Mike, fyi, LPM -----Original Message---- From: Leslie Milnes Sent: Wednesday, February 06, 2013 4:40 PM =To: Jodi.Higuchi; Dee Crowell Cc: Mercedes Yoxm Subject: TMK 4-3-07:29 Exceptional Tree cluster K42 includes TMK 4-3-07 parcel 30 via SD . S40-23, apvd 10-08-80 Good afternoon Jodi, Dee, OK, here's what I've found thru research of the "Exceptional Tree cluster K 12" as adopted through ORD #277, dated April 7,1776 (see attached). At time of ORD:#227 adoption, K42 was ID'd as being situated on various.parcels which included TMK 4=3-07-29 (Lot 5) Niu Pia Farms; Owner. Further on in 1979, The Planning Commission gave preliminary SD approval, 11/6 ing, thereafter, Final SD Approval, 10/08/80 of Subdivision application 54043 . for the subdivision of Lot 5 (TNIK 4-3-07:29) into Lots 5A & . 519 (copy of approvals attached). These two lots, Lot 5A & 5B then became TMKs 4-3-07-29 & 30 respectively. Attached,is e-file "4-3-07-29 Niu Pia S-80-23 Apv110=0&80" whichdocuments the subdivision approvals and conditions associated with such. Please-note the references to Ord. #240 and the applicability of such to both newly created Lots, 5A & 5B. Though:reference is given to Ord. #240; Ord. #277 actually identified the tree cluster as K:12 noted above. Kauai County Exception Trees Ordinance The following is reproduced from the Kauai County Ordinance regarding "PRESERVATION OF EXCEPTION TREES". :.trc MA r AAA , ' t�A }i � ,Y, k ju A A I I t tv AL P- A Ax ,... z A. 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Mailing Address. 3660 KAWECKSUI ROAD City: -PRI,CE.VMLE State: iii rips %746 Daytime Phone: W-431 1- Resident Phone: SANE . . E-Mail Address: bob> �g�am hotmigitecoln Tree/Palm Information Scientific Name. ALBIZLA SAWN Common (English or Hawaiian): -P Location of Tree(s)/Paims(s). Is tree or pal in a: (Please check below) ® Row 10 Grove ®Sin le Tax Map Key: 43 — O2 - 13 Address and Location of the Tree ISiANDEK -ON E BEACH 440 ALEKA PLACE, KAPAA, HI, 96746 Wrier of the $re Palm Please check box below ® Individual Organization ® County ®State ®Other Owner's Name : AOAO ISLANDER ON THE REACH Address: 440 ALEKAPLACE City: EA*PAA Zip: %746 Daytime Phones :DAWN O SEN — A0A0 SCAPE CONIlVME-E — -503 5791841 Owner has been informed of this nomination: ;7y: II iG . PLS SEE NEXT PA GE FOR LIST OF NOMINATORS (For Office Use Only) Application # Date Received: t The -C*10 G. of the I.O.T;B. is the 'Concerned Owners Group of the Islander on the Beach condominiums. -Our -group is -concerned with =many issues -including maintaining our gerunds to the highest state of tropical landscape excellence. The opinions expressed this-application are also ,those of Michael Von Hausen , MLAUD (Master of Landscape Architecture in Urban Design: Harvard) President; Mme` Uiban Pll ing & Design hic. -Nominators of-this application are Islander on the °Beach owners Robert M= allmn . . . .bobznaccalltun@hoftnatY.com BradXreller . . Arellersge'talwayf gmail.com Peggy Lenahan . . . . mspegt-@' uno.com Don -Healy. ... don.healy@pcmc.com Mary Ransbury... .ma .ransbury gmaitcom Jim -Nelson...:bogeynelson@a gmaii.com Dawn Olsen.. ..dtrlsen107f aoI com Domthea Liverman. ...domthea @ cresMewcable.com Joseph Crivelli- . ..jan*fiveffi@yafioo.com CIO And Guests of the Islander on the Beach John and Tainrny McNichot.. .tmjjmymcdchol@s>iaw.ca Judy BroiffiertoTi. ....nauficdj'j@gma'tl.com Blaine and Pauline Canning. .., info @prairielaneangus.com Neil & Valerie Bell .;.. .nei11be11@hotrnai1.com Margaret Benbow ; , .maggiehb @shawca Patti Scruggs. . aazyotter @ century.net Dr. John Bulger. ,:. jsbulger @shawca A BORIST A WSORY 1C-(3NMTTEE COUNTY OF KAUAI i Criteria for Exceptional Trees Exceptio" T48e melon states; "An Exceptional Tree is an individual tree or stand or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, esthetic quality, or endemic status has been designated by the county committee as worthy of preservation . Exceptional trees may be designated generally by biotaxy or individually by location or class. Act 945 a acl+ed by Me LeoWaftim offe Stale ofHemofi. Information about the Nomination Applications are reviewed monthly as receive if and if approved are submitted to the County Council. Criteria ■ Attach at least one recent photo of the tree(s) or palm(s). ■ For a treeipalm to be designated "Exceptional " it must have one more of the Age: (in years) 0 0-20 1-50 msM75 076- 100 0101+ Rarity. ere are others. . . . . .) Please check box below In the surrounding area 0 In the County 0 In the State Size in Helght:(ln feet fr9en ground to topoW tree.) See diagram A. Please check box below 00-20 21 -50 51-75 076 400 0101+ Diameter of Trunk in Inches: t measured at 54 inches above the ground) See diagral"W136 Pleas TLS SEE FOLLOWING PAGES I+'Oi+i IEWENSIONS OF TREES ( Size of Canopy: (From edge to edge of tree canopy in feet) See diagram C. Please check box below.. 0 0-20 142i-50 fl51-75 076- 100 0101+ ptional Qualities of this tree are. Please check all that apply. storc Vafue C Endemic Staus: (Ufque o g Hwar i, not found efsewhere)9IAesthetc Quality: (What makes it stand out?) 13Cultural Value Age,stze,rarity and sx=cvaiue for location Please explain based on the criteria selected above, why this tree is exceptional: rT PLS SEE " EXPLANATION RASED ON- TENETS OF THE EXCEPTIONAL TREE FLAN AND THE STATED M[AfM Q EXCEPTIONAL TREES"FOLLOWING . AIAHALO . Diagram i Em:Ttiunai TreLi�Non=atiori Fo m F5" 2M 2 EXPLANATION BASED ON TENETS OF THE EXCEPTIONAL TREE PLAN AND THE STATED CRITERIA FOR EXCEPTIONAL TREES One of the major tenets of the Exceptional Tree plan as stated is that it to the intrinsic beauty of the landscape and the need to protect scenic and historic resources so the island will maintain its rural character and continue to attract vacationers and travelers." The grove of monkey pod trees at the Islander on the Beach fits that description most succinctly as it is a quintessential example of a scenic resource which maintains "rural character" and has always and will always, if protected "continue to attract vacationers and travelers" There are also many concomitant compelling reasons wiry the grove of Monkey Pod trees in the. Islander Parking lot should be designated -as-being exceptional. i Location. We are very fortunate at the Islander as we are have a parking lot which to a great .extent, is- covered by a grove- of mature monkey pod- trees. This.-factor. provides the exceptional benefit of shading and lot cooling. "The net cooling effect of a healthy tree is equivalent to ten room-size air conditioners- operating 20 -hours- a day — LT�S .. Department_.o€ Agriculture-" Our guests appreciate the shade our monkey pods provide and the cool down effect they Have on. cars in our lot so guests can access their vehicles and-not be faced with. bumipg hot . door .handles, steering wheels, etc. This.-is: a very_ tangible benefit of having these magnificent trees in our lot. Our Monkey hods also reduce the temperature of the parking lot surface and- the therefore ambient.air. temperature.s_ "Paved surfaces-can. be.30 to 50 degrees higher than shaded surfaces" Dr. D. Sailor, Portland State University. Not only does the fact that the location of these trees provide a. comfortable environment for our guests, as floes room air conditioning, it also saves us money by decreasing_ asphalt surface damage and increasing. the life span of the pavement. A -mature tree absorbs from `lam to 2401bs of the small particles and gases of air pollution. — C'enter,for Urban Horticulture, University of Washington. A particular advantage of trees which are located in parking lots. Aesthetic equality Perhaps the best way to explai the benefits of-the- exceptinnataesthetiv, value of these trees is by way of hotel guest and potential owner comments. They range from "It -would, be abhorrentlo replace these heautif atreer to the following. "Regarding the possible change to the parking lot. I can not see the reasoning behind the proposal to replace any trees in the parking lot. Alternative plans show this to be totally unnecessary. This is the third time that we have stayed here. The parking lot is the first thing one notices upon arrival here. First impressions are very important. The trees add to the ambiance of the whole complex. I would hate to see the trees gone." Sincerely, Blaine and Pauline Canning, Souris, Manitoba, Canada, info @pramelaneangus.com and To whom it may concern "I am in the process of purchasing an°Islander�Condo. Ambiance is everything. The magnificent rain trees are the first impression of the Islander. -When -1 -visit my -friends at-the- Marriott , -1 enjoy thehest View on the island by driving the Lagoons treeline route . Poipu's tree lined entry is a favorite artist subject as well as photographed by every tourist. Never will either of dose -fandmarks ewer loose4he grace of-never ending joy �f�or every visitor from now to eternity. Please retain the beauty that took up to 60 years to grown into your largest asset- . . . . beauty! I failed to mention the GREEN VALUE of keeping our global air pristine . Mir vote is the majority vote far Keeping Kaurai*s historic value is Ws tropic beauty. Those trees- are Kauai.; those trees- are memories- of the Islander every tourist takes home in their photos." L L Brotherton, nauticaljj@gmait-.com Other Coconut Coast resorts such as the Kauai Coast, the Waipouli or Pono Kai have parking lots that are off to the side of the resort entrance. Our guests, at the Islander, have to drive through our parking lot to get to the hotel entrance that is why our Monkey Pod trees are exceptionally important to, as noted above, the first impression visitors have of the Islander on the Beach The attached photo of the entrance to the Islander property show graphically why our money pod trees are exceptionally important to the entire ambiance of the property. The thought of replacing these magnificent trees and turning the Islander parking lot into a WalMart or Home Depot style lot is an anathema to the senses. Size and age Not only is the Islander's grove of Monkey Pods and the adjacent grove on Papaloa the largest grove of this species on the Coconut Coast, from the Wailua to the Kealia, five of the trees are over 50 years old which makes this grove exceptionally rare on the this entire section of the east coast of the island. Cultural and Historical value f It is interesting to note the comments by J. Brotherton in this regard. Historically visitors have come to Kauai very much because of our "tropic beauty". We are, after all, the garden Isle. Also historically the monkey pod trees A,B,C,D,E and F have always been at the Islander since it was built by Inter Island Resorts in 1970. It is thought that they were transplanted at the age of 7 to 10 years making them probably slightly over 50 years old. Tree G was added to the property at a later date . There is no record of where these trees originally came from, quite possibly from land owned by Nui Pia farms as in 1966 the 6 acres that now comprises the Islander property was subdivided from a 60 acre property then owned by Nui Pia. It is thought that all monkey pod trees on Kauai came from seeds brought to Hawaii in 1847 by businessman, Peter Brinsmade, who had passed through Panama on the way here. One seedling was planted in downtown Honolulu, and the other in Koloa on Kauai. These two trees are thought to be the progenitors of all the trees in the state . Joshua Rugg an arborist on Maui- states "in my opinion monkey podrrtreeRs (samenea saman) are some of the best tree's in- all the islands because they offer incredible shade and wind buffing. We have a big problem here with people who ovefprune our monkey pods which ends up+ lolling the fees. I hgpe this- carnage. stops becuusv in .the,_ end .it .15 Qtu'.yPS-P9whility tQ kokua the aina and make sure it is in good condition for our next generation " This is the same type of abuse suffered`by the monkey pods at the Islander. 'Keeping- in mind that cultural Nal es are "What acceptable or -unacceptable, important .or unimportant, right or wrong, etc.,,. in any community ar society there is no question that the vast majority of owners and guests of the Islander ,on the Beach highly value -the=magni ent -monkey po& m in parking lot, As such they represent an important and exceptional cultural value to condo owners and guests alike. It would be unacceptable and wrong to allow - any replacementof these trees without:justcause. County Arborists Advisory Committee member Gabrielle Young said-of monkey pod trees K-20 in Koloa that they where " beloved by the people of Xoloa and she cannot- imagine the town without them" Owners an(f countless visitors to the Islander over the years feet exactly the same way. about. the Islander's- majestic monkey pods.. In fact a primary draw to visitors,-by survey, is our highly tropical f acre property -and our lush landscaping. resplendent with several varieties of magnificent old growth trees. People call the Islander the real Hawaii. Protecting our MIonkeyTods tf-he10 aus-keep ft-that way. By having these trees designated- exceptional they will lbe afforded-added protection against_over praning,..limbing_or any .act.causing the tfees. irreparable harm. Owner comment- ..... "Part of the charm an& character which was a draw- for me to stay and thenpurchase a unit_at.IOB -8 years -.ado was- the-welcome of the canopy of monkey pods when I first arrive at the Islander. It is and has always been- par of the landscape an&& big piece of= y investment: It is a� sham e. ftt_witbaut.pirow maintenanoe and :upkeep, that this existing_n onky pods are at risk for survival." Mary Ransbury ....many ra=bwy@gmaiY.cam Status in the- Exceptional `Tree Ordinance plan wifl ensure- that this unique coastal area .resource is properly maintained and that the Islander too "will { maintain its rural character and continue to attract vacationers and traverers" for many years to come Condition All our monkey pods are in very good condition with the exception of Tree C which has suffered from inappropriate repeated pruning. In this regard the Concerned Owners Group has commissioned an Arborist's report which is attached. Additional guest comments To Whom It May-Concern Iftnagine my shock and disapproval °at the though of the replacement of any - of the Donkey Pod - Trees -in -the Islander. parking lot. As along time Islander guest, ~5 week stays for the last ten years, ~ it is absolutely beyond belief that replacement of the Monkey Pods should be even considered for one second. I would like to voice my displeasure at the idea of changing these character trees that are not only of tremendous aesthetic value but also provide shade to cars and guests beneath their massive branches. As being one of the people instrumental in the physical blockade to save our Ocean front ironwood trees a couple of seasons ago, (we succeeded in saving the trees from harm) I would hate to see any harm come to these magnificent trees. The McNichols, John and Tammy, tammymcnichol@shaw.ca To whom it may concern I strongly believe that the monkey pod trees should protected. I love the monkey pod trees, they look beautiful when entering the property and provide much needed shade. Margaret Benbow, maggiehb@shaw.ca To whom it may concern I have been a guest at the Islander on the beach for the past three years. There are many reasons I come back, however a major attraction are the beautiful grounds at the Islander. Part of that are the beautiful monkey pod trees in the parking lot. These trees add a unique and tranquil entrance to the Islander and should be protected from being harmed in any way. Thank you, Patti Scruggs lazyotter@centurytel.net Horticultural Consultants International` November 7, 2012 Bob MacCallum Thank you for your interest in - Horticu - Camultants - hiternatkmal. We are •a miiti. faceted landscaping and arboricultural contracting and consulting firm that has been working in Hawaii ince 1938. I am one of three Regi istered Consulting Arborists icy the state of Hawaii, and the only one in Kauai. Therefore, I am confident we can provide you ( with ,a.professional assessment of any trees you are conceaned about. As you requested, I inspected the mankeypod trees. (Sammea -.wma u) at. The Islander oa the Beach. I focused on the one in the northeast corner of the parking lot that is showing signs of stress. To determine the health and safety of this tree I .performed a Visual Tree Inspection to determine the condition rating of the tree, as recommended by the International Society of Arboriculture. Based upon these assessments, and my 34 years of experience growing plants in Hawaii, I determined that this monkeypod is in good -to -very good condition. Although about 10% of the canopy has died back, this is not enough to remove the tree, WN0110 NEON ee f- �� iii i •„ ee 111 i i� w. f..• ,are c we f •r e;tr i e r. a arr is �e re e • No apparent problems 4- • Minor problems 3 Majorprablenms 2 • Extreme problems 1 The total points are then divided•by the total °pows%le points, (w tlri case 36yan& multiplied by 100 to get a Condition rating. Further breakdown of the factors involved in scofingvanrbe>found in-table 4.3, pages 34-35 -of -the guide. Condition of The Islander Monkeypod: Root Structure 3.0 Root Health 2.5 Trunk Structure 3.0 Trunk Health 3.0 Scaffold Branch Structure 3.0 Scaffold Branch Health 3.0 Small Branch Structure 3.0 Small Branch Health 2.5 Foliage Health 3.5 TOTAL 26.5 Condition Rating 74% This is a high rating for any large tree in a parking lot where the roots are restricted by concrete and asphalt. In addition to the condition rating, I offer the following comments and suggestions. • About 10% of the top branches on the north side of the tree have died: They can easily be cut back to live wood without harming the healthy branches. This should be done as soon as possible to reduce the possibility of branches falling on cars. • This dieback is most likely caused by more than one factor. Since it is limited to the side of the tree that is most exposed to the tradewinds, salt and wind are one obvious factor. Also, these symptom - dieback from the top down - are typical of root damage on the same side of the tree. Further investigation is needed to determine all the factors negatively impacting the tree. • Within the next few months all the trees will go through their natural semi- dormancy period and drop most of their leaves. This can be mis-diagnosed as the tree declining so don't be fooled. • The trees will not go through this "ugly period" at the same time. Each tree is an individual. Therefore one cannot compare the health or decline of one tree by comparing it to the surrounding trees. • The black fungus growing on the trunk and at certain pruning wounds is actually a good sign. This weak fungus prevents other most aggressive wood-rotting fungi from attacking the tree. • Ants are present at the fungal sites, which means there are not likely to be termites in the tree as the two insects don't get along. If I can be of further assistance, please let me know. Respectfully submitted, Maureen Murphy Landscape Contractor's License # C-29692 Certified Arborist # WC4307A Registered Consulting Arborist # 474 LOT 10-A (Map 9) Blackfield Hawaii, Corp. EXHIBIT 1 - CURRENT LOCATION OF MONKEY POD TREES A THROUGH G IN THE ISLANDER ON THE BEACH PARKING LOT GROVE OF 7 MONKEY POD TREES THE ISLANDER IN THE BEACH PARKING LOT 440 ALEKA PLACE, KAPAA TREE LOCATION SIZE IN HEIGHT IN FEET DIAMETER OF TRUNK IN INCHES SIZE OF CANOPY IN FEET CANOPY COVERAGE OF ISLANDER PARKING LOT CAN BE SEEN IN THE FOLLOWING SATELITE PHOTO PLEASE NOTE THAT MOST OF THESE PHOTOS WHERE TAKEN DURING A PERIOD OF DORMANCY THE SATALITE PHOTO SHOWS THE AMOUNT OF CANOPY COVERAGE DURING THE SUMMER MONTHS WHEN TEMPERATURES ARE AT THEIR HIGHEST