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HomeMy WebLinkAbout060613 Arborist Minutes Open Session_approved 1m(tt) COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : ARBORIST ADVISORY COMMITTEE Meeting Date June 6, 2013 Location Mo' ikeha Building — Meeting Room 2A/B Start of Meeting: 9 : 00 a.m. End of Meeting: 10 : 15 a.m. Present Chair Laurie Ho; Co Chair Lawrence Borgatti; Members : David Lorence, and Deputy Director of Planning Dee Crowell Also present: Deputy County Attorney Jodi Higuchi-Sayegusa; Boards & Commissions Office Staff: Support Clerk Mercedes Youn; Administrator Paula Morikami; Administrative Aide Teresa Tamura; Avery H. Youn Architect; Pat Cowan Developer/Project Manager for CVS Longs Drug Store; Jerry Nishek Certified Arborist Kauai Nursery & Landscaping, Inc . ; and Shelley McElvey Landscape Architect. Public Testimony: Rayne Regush Excused Member Kawika Smith Absent SUBJECT DISCUSSION ACTION Call To Order Chair Laurie Ho called the meeting to order at 9 : 00 a.m. with a roll call Chair Laurie Ho questioned if there were any changes to the agenda and if not Mr. Lorence moved to adopt the agenda as would it be appropriate for the committee to adopt the meeting agenda as circulated. Mr. Crowell seconded the motion. circulated. Motion carried 4 : 0 Approval of Regular Open Session Minutes of March 15 , 2013 Mr. Crowell moved to approve the minutes as Minutes circulated. Mr. Lorence seconded the motion. Discussion Chair Laurie Ho brought to the attention of the committee that she felt an action item was missing in minutes in which Attorney Higuchi was going to follow-up with the County Attorney to see whether the confidential legal opinion could be released to the OCCL (Office of Coastal and Conservation Land). Attorney Higuchi stated that she was not able to confirm with the County Attorney to see if the confidential legal opinion could be released. She Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 2 SUBJECT DISCUSSION ACTION indicated that at this point she does not see a problem in releasing the information pertaining to Exceptional Tree K- 15 to the OCCL because the subject property is within their jurisdiction to oversee conservation district lands . Chair Laurie Ho questioned whether the information from the applicant was sent to the OCCL. Staff informed the committee that they would prefer to wait until the County Attorney approves the release of the confidential legal opinion and that the committee would have to vote to waive its right to confidentiality in order for the legal opinion to be released. Ms . Youn questioned whether it would be in order to release the information pertaining to Exceptional Tree K- 15 when an official request for records is received from the OCCL to avoid confusion. Chair Laurie Ho asked what is the protocol to release County records to another agency. Attorney Higuchi recalled that at the last meeting it was left up to the applicant to decide when they would move forward with the plans to develop the parcel or wait. She indicated that at this point there is nothing before the OCCL that she is aware of as to what the applicant is planning to do. Chair Laurie Ho questioned whether it would be better to have a motion to release the information to the OCCL or would the discussion noted in the meeting minutes be sufficient enough. She voiced her concern that she does not want the matter to be forgotten because the committee ' s decision to refer the matter to the OCCL was based on the confidential legal opinion. Ms. Tamura asked whether the action in question was a motion to refer the matter to the Department of land and Natural Resources/Office of Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 3 SUBJECT DISCUSSION ACTION Conservation and Costal Land Division. Ms. Tamura pointed out that on page four of the minutes there was an action made to refer the matter to the OCCL. Mr. Lorence commented that the minutes do reflect that an action was made to refer the matter to the Department of Natural Resources, Office of Conservation and Costal Land Division. Attorney Higuchi stated that no action is needed because the minutes would reflect the committee' s decision to refer the matter to the OCCL. Chair Laurie Ho agreed however, she still questions when the confidential legal opinion would be publicly released and that she does not want the confidential legal opinion to get lost in the process. Additionally, Chair Laurie Ho requested that the minutes should also reflect the committee ' s discussion regarding the seven (7) monkey pod trees that is located in the parking lot of the Islander on Beach Resort in which the members agreed that the trees should not be considered a grove but identified as a group of trees . Staff acknowledged the request and will make the necessary corrections as noted. Chair Laurie Ho also asked for clarification on what the acronym CZO stood for. Mr. Crowell said Comprehensive Zoning Ordinance. Chair Laurie Ho thanked Mr. Crowell for the clarification and called for a motion to approve the minutes as amended. Mr. Lorence moved to approve the minutes of March 15, 2013, as amended. Mr. Crowell seconded the motion. Motion carried 4 : 0 AAC 2013-06 Review and discussion regarding, a communication dated May 10, 2013 from Avery H. Youn Architect, to Chair Laurie Ho and Members of the Kauai Arborist Advisory Committee, seeking, input from the Committee on a proposal to remove, relocate and or replace on site approximately 54 coconut palms otherwise known as Niu or Coco nuci era, designated Exceptional Tree K- 12 Coconut Grove situated on subject properties : Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 4 SUBJECT DISCUSSION ACTION TMK: 4-4-7-29 and 30. Mr. Youn, authorized agent for the applicant CVS Longs Drug Store was accompanied by Pat Cowan, Developer and Project Manager for CVS/ Longs Drug Stores, Jerry Nishek, Certified Arborist Kauai Nursery & Landscaping, and Shelley McElvey, Landscape Architect. Mr. Youn began by presenting an overview of a proposal to construct a CVS/Longs Drug Store in Waipouli on subject properties TMK (4)-4-3 -7- 029 and 030 where the Exceptional Tree K- 12 is located. He explained to the committee that the applicant does not want to de-designate the Coconut Grove from its exceptional tree status but instead wants to preserve the Coconut Grove by integrating the project into the site to maintain, replant and relocate some of the trees on the site to ensure that the existing amount of trees would not be reduced. He stated that they have encountered some difficultly because the majority of the open space in that area must be maintained in order to preserve a grove like appearance but at the same time address the need for drainage retention ponds because the site is in a low line area which is subject to run-off water and ponding. Mr. Youn stated that Section 22-5 . 5 of the County ordinance states that prior to the issuance of any zoning permit, the Planning Department may request advice from the Arborist Advisory Committee to ensure that the exceptional trees are retained and to prevent unnecessary destruction of the trees during development. He stated that because of the importance of the grove and the magnitude of the project, he felt that it would take more than one meeting for the committee to make a recommendation or provide comments to the Planning Department during its review process. He indicated that he wanted the committee to be fully informed prior to receiving the request for comments from the Planning Department. Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 5 SUBJECT DISCUSSION ACTION Mr. Youn reminded the committee that he brought with him the Arborist expert and Landscape Architect to share information on the present condition of the trees, its life expectancy, impact and survival rate, and to also address the replanting of the mature coconut trees that are over 100 years old. He asked that the committee provide input on the future of the Coconut Grove and to keep in mind that there is a possibility that some of the trees would be replaced with younger trees to prolong the life and longevity of the Coconut Grove. He pointed out that there are only three mature coconut trees that exist in the parking lot of the Kauai Marriott Courtyard Resort because majority of the trees had died and had to be replanted with younger coconut trees. Mr. Youn shared with the committee that the mature coconut trees that are located behind the old Coco Palms Hotel have been replanted with younger coconut trees . He mentioned that the coconut trees in the Wailua River State Park also known as "Kamuali State Park" have been cut down and replanted with younger coconut trees. He brought to the attention of the committee that if the project or the developer does not do anything to preserve the integrity of the Coconut Grove, the trees would probably just sit there and eventually die. He reminded the committee that the previous applicant wanted to remove the old and dying coconut trees with new saplings in order to preserve the longevity of the Coconut Grove. Mr. Youn presented additional information pertaining to the overall impact of the project on the site. He indicated that the lot area is 3 . 571 acres ( 155 ,552 square feet); building footprint is approximately 23 ,000 square feet; parking/driveways approximately 66,000 square feet with a total lot coverage of 54%. He stated that there are total of 103 coconut trees in existence in which 54 of the coconut trees would either be replanted or Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 6 SUBJECT DISCUSSION ACTION replaced with younger coconut trees leaving the 49 existing coconut trees in place. Mr. Youn shared with the committee that there were two projects that were approved by the Planning Commission for the same site one of which was in the early 80 ' s for a restaurant and the other in 1992 just before "Hurricane Iniki" for a small shopping village similar to the Coconut Market Place. Mr. Youn explained that the developer wants to remove some of the mature coconut trees and replace them with younger coconut trees whose size ranges from 15 to 24 feet. In addition, the developers are also proposing to replant all of the coconut trees that are missing alongside Kuhio Highway. He indicated that the coconut trees located within the retention basin would be maintained, however the survival rate is questionable because they would have to excavate an additional 2 to 3 feet to make the retention ponds deep enough to contain the proposed run-off and the existing run-off caused by storm waters. He stated that the developers also want to maintain as many of the coconut trees as possible in the proposed parking lot area that are in-line with the existing rolls and pattern of the existing coconut trees. He added that plans is being proposed to plant additional coconut trees along Aleka Loop which is the interior private roadway which services the Coconut Plantation. Mr. Youn reminded the committee that the panel of experts is present to answer questions and address their concerns relative to the replanting and the remaining life of the trees including the impact of relocating some of mature trees. Mr. Crowell asked how many of the coconut trees would remain in its current place. Mr. Youn pointed out on the site plan the coconut trees that are going to be displaced to make way for the proposed building, parking lot area, and retention ponds. He indicated that the developer wanted to Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 7 SUBJECT DISCUSSION ACTION maintain as much of the open space as possible and that the area along Kuhio Highway that being used as retention ponds is not only for the Coconut Grove but for the entire Coconut Market Place as well. Chair Laurie Ho stated that it is the responsibility of the Arborist Advisory Committee to protect all of the exceptional trees and that the committee needs to be reassured that the Coconut Grove maintains its grove like appearance. She asked the members if they wanted more information on the amount of the mature coconut trees that would be kept in place. Mr. Crowell stated that he is unsure how much he can bring into the discussion because from what he understands there is going to be two other projects happening across the street of the proposed project which may affect the integrity of the Coconut grove. Mr. Lorence asked for clarification on the location of the other two developments . Chair Laurie Ho indicated that other developments are going to be in the area adjacent to the Kauai Marriott Courtyard Resort. Mr. Crowell stated that the previous applicant referred to the grove as "Coconut Coast Grove". He questioned whether there would be a unified theme to retain the character of the Coconut Coast Grove and whether the Coconut Grove would still be considered exceptional because to him it would not be the same. Mr. Lorence stated that the Coconut Grove is a dynamitic population meaning that the individual coconut trees will eventually get old and die and must be removed and replaced with younger coconut trees. He stated that he does not oppose replacing the old and dying coconut trees with younger ones just as long as the character of the Coconut Grove is maintained. Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 8 SUBJECT DISCUSSION ACTION He asked what the origin of the younger coconut trees are that would replace the old and dying trees. Mr. Youn stated that the size of the coconut trees that is going to be retained range from fifteen to eighteen feet and the seedlings originated from the trees in the Coconut Grove. Mr. Nishek stated that some of the replacement trees will also come from Kauai Nursery and the seedlings from other nurseries on different locations on the island. He indicated that they have collected at least fifteen mature coconut trees which will be used to replace some of mature coconut trees on the project site. Mr. Borgatti pointed out that in his previous report he mentioned that there were 180 to 200 coconut trees but in this report he indicated that there were only 103 coconut trees. Mr. Nishek explained that his previous report included the coconut trees that are located across of Kuhio Highway. Mr. Borgatti pointed out on the site plan that the parking lot is going to retain most of the existing coconut trees. Chair Laurie Ho asked why only fifteen to eighteen coconut trees are being retained for the project. Mr. Borgatti stated that it looks like the coconut trees located in the proposed parking lot area are going to be planted on berms. He asked what type of damage would the coconut trees sustain during the grading of the parking lot. Mr. Nishek indicated that he did not get a chance to review the grading plans or know whether the elevations in the parking lot would change but any severe cutting around the trees could hamper the life expectancy or health of the coconut trees. Ms. McElvey stated that the islands in the parking lot were created to retain and maintain the existing coconut trees. She indicated that the grading design is in its preliminary stage and that every effort is being taken to Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 9 SUBJECT DISCUSSION ACTION preserve the coconut trees. But given the arborist report, the life expectancy of the trees has become a concern and that they are now recommending replacing the coconut trees with younger trees because further down the road it will cause a lot of disruption to remove the coconut trees that have aged. Mr. Borgatti stated that he noticed on the site plan that a lot of open space area is going to be designated as retaining ponds for flooding. He asked if it was possible to plant more coconut trees in that area because in the past the existing coconut trees have survived a lot of floods . He also asked if it was a possibility of planting additional coconut trees on locations within the project site. Ms. McElvey stated that they are working with the Civil Engineer in order to achieve the capacity of the storm water run-off and that they would need to retain and lower some of the retention areas on the site. She indicated that planting more coconut trees in the retention areas would cause the coconut trees to develop root balls because of the water table. Mr. Crowell suggested that the committee invite a representative from the Niu Pia Land Company Ltd. to its next meeting to discuss plans on perpetuating the Coconut Grove. Chair Laurie Ho stated it would be great for the committee to see the whole picture rather than getting bits and pieces of information. Mr. Pat Cowen stated that CVS Longs recently placed a contract with the existing owners and that he has no knowledge of any new plans to develop the area surrounding the project and that they do not have any influence or involvement with other projects other than their own. He offered to facilitate whatever needs the committee may have however, his powers are Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 10 SUBJECT DISCUSSION ACTION limited. He shared with the committee that as a company approaching this site they were provided with an arborist report that basically said that all of the coconut trees within the site are going to die in the next ten years. He shared with the committee that he had asked his team what makes this Coconut Grove so special because he has seen an abundance of coconut groves throughout the island. He stated that what he believes makes the Coconut Grove so special is its visual affect of the old plantation days and in order to keep that appearance he had directed his team to remove the old and frail coconut trees and replace them with younger coconut trees to preserve the grove ' s integrity for the next 100 years. He stated that they are looking to purchase about 100 new coconut trees to replace the old and frail coconut trees which he felt was quite extraordinary for a project of this magnitude. Mr. Crowell asked if they are going to purchase the land or lease it. Mr. Cowen explained that the CVS/Longs Drug Stores wants to purchase the land with the intention of maintaining the land and the coconut trees for the next 100 years. Mr. Crowell asked if the ownership of the land has changed hands in which Cowen replied no and that the goal is to have the project under construction in the next twelve months and the opening of the store by the end next year, if possible. Mr. Borgatti asked if the intent is to replant majority of the existing coconut trees over a period of time but not in the same spot. Mr. Cowen replied yes and that they also plan to maintain the rows of coconut trees and keep the visual effect of the old plantation days for the next 100 years. Chair Laurie Ho opened the floor for public testimony. Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 11 SUBJECT DISCUSSION ACTION Ms. Rayne Regush, Chair of the Wailua/Kapaa Association and member of the Executive Committee of the Sierra Club Kauai group/Hawaii Chapter stated that it is important for the committee to know that Chapter 58 of the Hawaii Revised Statutes dating back to 1958 emphasize the protection of exceptional trees and that it does not make exceptions for the economic use of the property. She asked the committee if they knew the date of when Ordinance 240 took affect which specifically relates to denial of economic use of the property and whether it precedes the state statutes . Attorney Higuchi said whether or not Ordinance 240 precedes or is subsequent to the HRS, there are certain regulations that regulate to a point that a private landowner can utilize their own property as they feel fit which is what this issue is really all about. Ms. Regush said that she was surprised to learn that Chapter 58 of the HRS does not provide protection for the private landowner economic use of their property which Ordinance 240 of the Kauai County Code is all about protecting the economic use of the landowner' s property. She indicated that Ordinance 240 should be stronger in the protection of the exceptional trees. Attorney Higuchi stated that the County gets its power from the State who in turn gets its power from the Federal government and the Constitution. Mr. Crowell asked when was the State statues adopted. Ms. Regush said in 1958 . Mr. Crowell stated that Ordinance 240 of the Kauai County Code was adopted on December 27, 1974. Ms . Regush asked, when Niu Pia Land Company acquired the land. Chair Laurie Ho replied that the Coconut Grove was planted in 1911 which makes the Niu Pia Land Company the predecessors of the land. Chair Laurie Ho asked the committee if they had any other comments on this issue or recommendations . Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 12 SUBJECT DISCUSSION ACTION Attorney Higuchi stated that the Arborist Advisory Committee was created as an advisory body to the Council in determining which trees are to be designated "exceptional trees" by reason of historical or cultural value, or which by reason of its age, rarity, location, size, aesthetic quality or endemic status . She stated that at this point the committee could either advise the Council that the proposed preliminary plan might have a certain affect on the exceptional tree designation or that the proposed preliminary plans would not affect the exceptional tree designation. Attorney Higuchi added that the committee could also make a recommendation to the Council to remove the Coconut Grove from the exceptional tree list. Attorney Higuchi stated that the proposal is in its preliminary stages and that Mr. Youn is here only to seek the committee ' s input or advice relative to the proposal. She indicated that the committee may request that this matter be deferred for continued discussion at a future meeting when the final plans have been completed and at that point may make its recommendation to the Council on whether to remove the Coconut Grove from the exceptional tree list or otherwise. Mr. Crowell mentioned that one of best qualities of the Coconut Grove is its size and he doesn't want to see it chopped up if it can be prevented. He voiced his concern of not being able to see the final plans and the thought of de-listing the Coconut Grove from the exceptional tree status would forever change the integrity of the grove. He questioned whether it was possible to propose a new designation because the dynamics would be changed. Chair Laurie Ho stated that as a member of the Arborist Committee the applicant is not asking the committee to make a recommendation to the Council to remove the Coconut Grove from the exceptional tree list and that she does not want to entertain that idea. Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 13 SUBJECT DISCUSSION ACTION Mr. Borgatti said that because the grove is listed as a Coconut Grove and not a group of coconut trees he had concerns on whether or not the developer or the design can retain the integrity of the grove. He indicated that he would need to look at the project site closer to see whether the design would maintain the grove like appearance. Chair Laurie Ho asked what the criteria were to distinguish a group of trees from a grove. Mr. Lorence stated that a grove can be a small or large group of trees but for him the important thing is that a grove should maintain the look and character and the appearance of a grove. Mr. Lorence referred back to Article 5 . Section 22-5 . 1 (h) regarding the reasonable economic use of the property as a guide line for his train of thought. He indicated that if the property owner wishes to develop the land, it is important for the property owner to maintain the look of the Coconut Grove; which to him is what the applicant is trying to do in good faith by replanting trees to keep the look of the "Coconut Grove Coast". Mr. Borgatti said that this morning he did some research on the definition of a grove which basically defines a grove as a group of planted trees . Chair Laurie asked whether the committee would like to make a recommendation to the Council at this time or wait for the applicant to return with more information which would give the committee an idea of what the applicant is planning to do with the trees . Mr. Youn pointed out that Section 22-5 . 7 (c) states that trees in a grove may be removed, subject to the approval of the County Planning Department, Mr. Youn voiced his concern that the committee kept referring to making a recommendation to the Council because when he first began he mentioned that the Planning Department is going to send the committee a request for input regarding the project. He indicated that based on Article 5 . Section 22-5 . 7 (c)) of Ordinance 240 they were under the impression that the Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 14 SUBJECT DISCUSSION ACTION committee ' s input would go to the Planning Department and not to the County Council. Attorney Higuchi explained that the Arborist Advisory Committee was created to advise the Council regarding the designation of exceptional trees and if this committee feels that the project may have an effect on the Coconut Grove it is within the committee ' s purview to make a recommendation the Council. She indicated that in its prior discussion an issue came up where there was a request from the Niu Pia Land Company to remove fifteen of the old and dying coconut trees and replace them with younger trees which did not rise to the level of making a recommendation to the Council. Chair Laurie Ho said that this issue is different because it is not just about replanting and moving the coconut trees, it ' s about placing a building on the site. Mr. Youn said that although he understands, he is also here because he felt that it was important that the committee provide input on the preservation and the longevity of the Coconut Grove. Eventually the trees are going die and decisions must be made now to replace the old and dying trees with younger trees or seedlings to preserve the longevity of the Coconut grove relative to this project. He pointed out to the committee that the ordinance does not provide a provision where the committee can order the private landowner to replace the old and dying trees. Mr. Borgatti said that Mr. Youn brought up a valid point that if the committee does nothing these trees may not exist in ten years but if the applicant puts forth their landscape plans, is there anything to reassure that the plans would be followed. Chair Laurie Ho asked who has the authority to assure that the landscape plans are followed through. Mr. Youn said that would be a condition of the Planning Commission and that the building permit would not be issued until the landscape plans meets the approval of Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 15 SUBJECT DISCUSSION ACTION the Planning Department. Mr. Borgatti said that if the committee does nothing the trees may not exist in ten years and although it does not have the authority to force the landowner to replant the trees, the Planning Commission has the power to approve the plans and ensure that the plans are followed. With that said he entertained a motion to approve the request. Chair Laurie Ho said that the applicant is only seeking input from the committee regarding the review of the preliminary conceptual plans proposed for the development of a CVS/Longs Drug Store within the coconut grove at the Coconut Plantation Resort in Waipouli. She asked whether the motion should reflect that the committee has reviewed the conceptual plans. Mr. Borgatti stated that the motion should reflect that the committee has accepted the conceptual plans; and requests to see the final plans before giving a final recommendation. Chair Laurie Ho asked the committee if Mr. Borgatti ' s motion was something that they would like consider. Mr. Lorence said that he would like to second Mr. Borgatti' s motion. Mr. Crowell said that he would still like to see the bigger picture of what is planned on the site. Chair Laurie Ho asked if that was a question for the Planning Commission in which Mr. Crowell replied no because this is the time for the committee to make some decisions before the project goes forward to the Planning Commission. Chair Laurie Ho asked who the committee should direct the question to. Mr. Crowell said that he was unsure if the committee has the authority to ask any private organization to come before the committee. Attorney Higuchi said that the committee should continue its discussion and invite the landowner to its next meeting to provide an overview. Mr. Crowell said that he knows who to ask but is unsure if the committee has the authority to do that. Chair Laurie Ho suggested that the committee first vote on the motion that was made by Mr. Borgatti to accept the preliminary Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 16 SUBJECT DISCUSSION ACTION conceptual proposed plans along with a request that the applicant return to the committee next scheduled meeting when more information is available. Ms. Regush called for a point of clarification on whether the committee knows where the proposed 100 trees is going to be planted on the site, or is the committee requesting for additional information from the applicant relative to the planting of the 100 trees. Chair Laurie Ho asked Mr. Youn if the preliminary conceptual plan actually depicts the location where the 100 coconut trees are going to be planted. Mr. Cowan clarified that the same preliminary proposed conceptual plans was submitted to the Planning Commission. The goal was to get the plans approved and use that plan with the exact number of trees as the basis unless there is a technical obstacle, or if the Planning Commission has concerns on the location of the trees, that might force some of the trees to move location. Chair Laurie Ho thanked Mr. Cowan for the clarification and then asked the committee if the motion should be changed. Attorney Higuchi stated that she is unsure if the committee would like to entertain a motion to send advice to the Council relative to the effects of the designation or removal of the designation, or the intent of the designation or trees location. Chair Laurie Ho suggested that the committee take Attorney Higuchi ' s advice and convey it to the Council with a copy to the Planning Department. Chair Laurie Ho pointed out that through its discussions the committee found that the plans were not conceptual or preliminary but in fact the actual plans that were submitted to the Planning Commission. Mr. Borgatti suggested that the committee go back to his original motion which was to accept the preliminary and conceptual plans because that was what was presented to the committee. The committee agreed. Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 17 SUBJECT DISCUSSION ACTION Mr. Crowell suggested that the committee transmit a letter to the Council informing them of the actions taken by the committee which is to accept the preliminary conceptual plans ; and invite a representative from the Niu Pia Land Company to discuss plans to perpetuate the Coconut Grove. Mr. Borgatti moved to accept the preliminary conceptual plans for the development of a CVS/Longs Drug Store within the coconut grove at the Coconut Plantation in Waipouli. Mr. Lorence seconded the motion. Motion carried 3 ayes, 1 nay (Crowell) Ms. Morikami asked if the committee is including the information as well. Mr. Crowell moved that the committee transmit Chair Laurie Ho said that the information that was presented to the a memo to the Council as information on the committee should also be sent along with the memo to the Council. committee ' s decision to accept the proposed preliminary conceptual plans. Mr. Lorence seconded the motion. Motion carried 4 : 0 Chair Laurie Ho asked whether another motion or a recommendation is Mr. Crowell moved to invite representatives needed that would reflect the concerns, duties and responsibility of the from the Niu Pia Land Company to discuss their Arborist Advisory Committee relative to how the proposed project will plans to perpetuate the Coconut Grove. Mr. affect the look, character of Exceptional Tree K- 12 Coconut Grove. Mr. Borgatti seconded the motion. Motion carried Crowell stated that he would need to think about that. 4 : 0 Adjournment With no other discussion, Chair Laurie Ho called for a motion to adjourn Mr. Lorence moved to adjourn the meeting. Mr. the meeting. Crowell seconded the motion. Motion carried 4 : 0 At 10 : 10 a.m. Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 18 SUBJECT DISCUSSION ACTION After the meeting was adjourned, Mr. Youn asked for clarification on the motions that were voted upon by the committee. Ms . Higuchi advised that the committee reconvene the meeting in to accommodate Mr. Youn' s request for clarification on the motions. Meeting Mr. Youn asked for clarification on whether a motion was made for the At 10 : 13 a.m. the meeting reconvened Reconvened applicant to come before the committee one more time . Mr. Crowell said not necessarily. Mr. Youn asked if the referral by the Planning Department could be clarified at the next scheduled meeting. He explained to the committee that he spoke to Dale Cua from the Planning Department and was told that a communication was sent to the Arborist Advisory Committee for a recommendation. Chair Laurie Ho stated that the committee would place the communication on the next agenda for further discussion. Chair Laurie Ho reiterated the committee' s actions which is to accept the preliminary conceptual plans; transmit to the Council the committee ' s action to accept the plans; and invite a representative from the Niu Pia Land Company to its next meeting. Ms. Regush asked for clarification on whether the meeting is with the Planning Commission or the Planning Department. Chair Laurie Ho said the plans went to the Planning Commission. Re-Adjourn With no further discussion, Chair Laurie Ho called for a motion to re- Mr. Lorence moved to re-adjourn the meeting, adjourn the meeting. Mr. Borgatti seconded the motion. Motion carried 4 : 0 At 10 : 15 a.m. the meeting was adjourned. Arborist Advisory Committee Open Session Minutes June 6, 2013 Page 19 Submitted by: Reviewed and Approved by: Mercedes Youn, Staff Support Clerk Lawrence Borgatti, Chair (x) Approved as circulated on April 29, 2014 . ( ) Approved as amended. See minutes of meeting.