Loading...
HomeMy WebLinkAbout04-29-14 AAC Minutes Open Session(CZ)(tt) approved COUNTY OF KAUAI Minutes of Meeting OPEN SESSION Board/Committee : Arborist Advisory Committee Meeting Date April 29, 2014 Location Mo ' ikeha Building — Liquor Conference Room Start of Meeting: 10 : 30 a.m. End of Meeting: 11 : 14 a.m. Present Chair Lawrence Borgatti; Co-Chair David Lorence; Members : Dee Crowell and Sylvia Smith Also present: Deputy County Attorney Jodi Higuchi-Sayegusa; Board & Commissions Office Staff: Support Clerk Mercedes Youn; and Administrative Aide Teresa Tamura; Attorney Lorna Nishimitsu; and Ms. Sarah Date Excused Member Kawika Smith Absent SUBJECT DISCUSSION ACTION Call To Order The meeting was called to order at 10 : 30 a.m. by Co-Chair Borgatti with four (4) members present to ascertain a quorum. Selection of 2014 Mr. Crowell nominated Co-Chair Borgatti to serve as Chair. Mr. Crowell moved to nominate Co-Chair Larry Officers Borgatti to the position of Chair. Mr. Lorence seconded the motion; hearing no objections the motion carried 4 : 0 Ms. Smith nominated Mr. Lorence to serve as Co-Chair. Ms. Smith moved to nominate Mr. Lorence to the position of Co-Chair. Mr. Crowell seconded the motion; hearing no objections the motion carried 4 : 0 Approval of Regular Open Session Minutes of June 13 , 2013 . Mr. Lorence moved to approve the meeting Minutes minutes with its corrections. Mr. Crowell seconded the motion. Motion carried 4 : 0 AAC 2014-01 Discussion and decision-making on a request for a recommendation from Honpa Hong_wanji Mission of Hawaii which is the owner, along with The K61oa Early School, to the Arborist Advisory Committee to seek approval of designated Exceptional Tree No . K-21 , Monkey Pod otherwise known as Samanea saman located in Old K61oa Town at 5521 K61oa Road and situated on TMK: 2-8-004 : 56. Arborist Advisory Committee Open Session April 29, 2014 Page 2 SUBJECT DISCUSSION ACTION (a) Basic Tree Risk Assessment form, submitted by John Robinson ISA Certified Arborist WE-9282A along photos of Exceptional Tree No. K-21 , Monkey Pod otherwise known as Samanea saman located at 5521 K61oa Road and situated on TMK: 2-8-004 : 56. Lorna Nishimitsu, representing the Honpa Hongwanji Mission of Hawaii, briefly summarized some of the concerns about the tree, which upon visual inspection by lay members of the Hongwanjii did not appear to be as healthy as it appeared in the past; a certified arborist was retained for a professional assessment of Exceptional Tree K-21 . She indicated that the Hongwanji is rightfully concerned that the probable failure of the tree will cause some property damage and cause bodily injury if branches fail, or if the tree is uprooted. In regard to the arborist assessment, Mr. Robinson noted in his report that there is heartwood decay and sap ooze, and that the crown of the tree is "over weighted on southeast side". Chair Borgatti asked, in reference to the report, when the sidewalk was installed to which Ms. Date replied that the sidewalk was installed during the construction of the hall. She pointed out that there are uneven sections in the sidewalk that are causing damage to the vehicles that have to transverse over it. Ms. Smith asked how long it has been since the hall was built to which Ms. Date replied the hall was built roughly 50 years ago and that the monkey pod tree is at least 50 plus years old. Chair Borgatti asked if she knows when the sidewalk was re-done to which Ms . Date replied sometime earlier in this year. Chair Borgatti asked Mr. Crowell if a permit is required to put in a sidewalk to which Mr. Crowell replied that a permit is not required if Arborist Advisory Committee Open Session April 29, 2014 Page 3 SUBJECT DISCUSSION ACTION the sidewalk is constructed in a County right-of-way, but in this case it was not. Ms. Date stated that it is not really called a sidewalk because it' s mainly used as a driveway. Mr. Crowell noted that it would still require a permit. Ms. Date asked if a permit is still required even if the driveway was placed in one area as opposed to the entire area. Mr. Crowell stated that the County has not been really strict about enforcing permits for this type of construction because it' s only a sidewalk, but technically it would require an over the counter permit. Ms. Nishimitsu explained that the only repair that was done by the Hongwanji Mission was to resurface the existing sidewalk because of the tree roots as opposed to laying out a new sidewalk for the cars to transverse. Chair Borgatti pointed out that according to the ordinance anytime a building permit involves an exceptional tree, the applicant must consult with the Arborist Advisory Committee. He stated that in this case the applicant did not which makes him wonder even more whether the committee should have been consulted before the resurfacing was done so that it could see the extent of damage to the tree ' s root system. Mr. Crowell noted the extent of root damage would be hard to keep track of. Ms. Nishimitsu stated in defense of the Honpa Hongwanji Mission, the repairs only occurred in the past year, and that the heartwood decay that now exists could not have occurred in the past year; in other words, there were some inherent problems with the tree long before the requirement for a permit to install a concrete pavement was needed. Ms . Nishimitsu stated that she was unsure whether the committee is looking to lock in the Arborist Advisory Committee Open Session April 29, 2014 Page 4 SUBJECT DISCUSSION ACTION Hongwanji Mission or to see if it created the situation. She pointed out that the way the tree has been growing it is now leaning towards the public ' s right-of-way. She also indicated that there is no way to determine whether the work that was done this year or 50 years ago around the location of the monkey pod tree is what caused the situation because the committee did not provide an opinion before the sidewalk was laid out. Chair Borgatti stated that the report states the damage to the tree ' s root system was caused by the concrete pavement but it does NOT indicate whether it was due to the work that was done 50 years ago which is the point he wanted to make. Ms. Smith asked about the two-lot subdivision that was approved by the Planning Commission. Ms. Nishimitsu explained that the subdivision was approved two years ago, and that the land on which its sits is registered with the Land Court in which a petition needs to be filed to get the land sanctified. She stated that it is unfortunate that the location of the subject tree is on the side of the Honpa Hongwanji Mission, and the previous map does not show the new lot lines . Ms. Smith asked if the Hongwanji is planning to do something new if the tree is removed. Ms. Nishimitsu explained over the past years, the Hongwanji Mission has allowed the non-profits to use the hall without charging a fee; however, because the low membership was so old all of its current activities had to be absorbed by the Hanapepe and Waimea Temple. Ms. Date stated that although she understands that the monkey pod tree is on the County' s exceptional tree list she has to wonder if thought was put in to address the maintenance and liability issues of the tree. She noted unlike the shower trees she would not recommend the monkey pod tree as Arborist Advisory Committee Open Session April 29, 2014 Page 5 SUBJECT DISCUSSION ACTION an exceptional tree because it could cause significant bodily injury if a hurricane occurs; not to mention that there is heartwood decay in the tree which can cause the tree to topple over the driveway that is used by the parents of the preschoolers to drop off and pick up their children. Chair Borgatti said he would hope that if there was a hurricane people in the community would not be driving around exposing themselves to the elements . He stated that as a Certified Arborist the point that needs to be made is during a hurricane what are the chances of people being underneath the tree? Chair Borgatti shared with the committee that he found certain sections in the report confusing and would like to invite Mr. John Robinson, ISA Certified Arborist, to the next meeting to discuss his report. Staff acknowledged the Chair' s request and will contact Mr. Robinson to invite him to the next meeting. Ms. Smith asked if it was appropriate for the committee to request a second opinion. Ms . Nishimitsu stated that because the Honpa Hongwanji Mission has already paid for the services of one arborist, and it being a non-profit organization, she is concerned about their lack of the resources to hire another Arborist to do another tree risk assessment. She pointed out that she has no problem with the committee questioning Mr. Robinson, but is concerned about the length of time it would take for the committee to schedule another meeting being that the last meeting was in June 2013 . She shared with the committee that Mr. Robinson did tell her that although he could not provide a specific date on when the tree would fall; he did say that the tree will eventually fall. Arborist Advisory Committee Open Session April 29, 2014 Page 6 SUBJECT DISCUSSION ACTION Ms. Smith asked if she had spoken to Mr. Robinson about pruning the tree to take off some of the excess weight. Ms . Date explained prior to calling in Mr. Robinson to do the tree risk assessment, she hired a tree trimmer to evaluate which branches to cut off; only then did she decide to contact Mr. Robinson to inspect the tree and that ' s when he discovered the decay in the heartwood and the extreme lean in the tree trunk causing the uneven weight on the branches. Ms. Date added that because this is an El Nino year she is concerned about who is ultimately liable should something happen to the tree. Ms. Sayegusa stated that Staff could probably contact Mr. Robinson sooner rather than later and schedule the next meeting. Mr. Lorence stated that he has concerns about the heartwood rot because it will impact the health of the tree, and if he was the property owner he would be really concerned about it because it will weaken the tree causing it to tip over. He stated that one solution is to prune the tree and stop the heartwood rot, but on the other hand he feels that monkey pod trees are not rare trees . It does give old Koloa its own characteristic, but with it comes a risk of property damage including safety issues and in his opinion it would probably be best to remove the tree. Ms. Nishimitsu asked if the committee agrees to remove the tree does the process include going before the County Council to which Ms . Sayegusa replied that the process is explained in Section 22-5 . 7 of the County Code. Mr. Crowell asked what the process is once it goes to the County Council; does it come in a form of a resolution to take the tree off of the exceptional tree list. Ms. Sayegusa explained the change would come in the form of an amendment to the ordinance to remove Exceptional Tree K-21 which Arborist Advisory Committee Open Session April 29, 2014 Page 7 SUBJECT DISCUSSION ACTION requires a public hearing. Chair Borgatti shared with the committee that he briefly looked at Exceptional Tree K-21 but did not do a formal risk assessment. He noted that although he did see a lean in the trunk it could be debatable and in his opinion the tree could be mitigated, trimmed and pruned to alleviate some of the weight. In regard to the heartwood rot he did see a cavity at the base of the tree but did not see any obvious decay. Chair Borgatti stated that Mr. Robinson ' s recommendation to cut the tree down to its stub seems pretty drastic, and would like the opportunity to question him about whether his assessment that the tree will fail within a year was just an opinion. Ms. Smith stated that she also looked at the tree but did not see any sap oozing out of the tree and that corrective pruning might help to preserve the tree. Mr. Lorence asked how much it would cost to remove the tree to which Chair Borgatti replied thousands of dollars. Ms. Date stated that although the Honpa Hongwanji Mission has liability insurance she is concerned about the non-profits who have to purchase their own liability insurance just to use the hall. Chair Borgatti stated that he understands what the concerns are because trees are valuable assets however, there is an expense in maintaining them. Ms. Sayegusa noted that Staff could expedite the process and contact Mr. Robinson before the committee makes a decision regarding the tree. Chair Borgatti noted that it would be hard for him to make a decision without first talking to Mr. Robinson about certain things in his report. Arborist Advisory Committee Open Session April 29, 2014 Page 8 SUBJECT DISCUSSION ACTION Ms. Date reiterated her concerns about what would happen in the meantime should the tree fail. Ms . Sayegusa explained to Ms. Date that the process is in motion to seek the committee ' s approval to remove the tree. Mr. Crowell asked what if the committee decides not to recommend removal of Exceptional Tree K-21 ; can the applicant appeal the committee ' s decision to the County Council. Ms . Sayegusa stated that the applicant could still approach the Council because ultimately it ' s the Council ' s decision to determine whether or not to delist the tree. Mr. Crowell noted that although he understands Ms . Date ' s concerns about wanting to move the process faster he would have to agree with the Chair' s request to invite Mr. Robinson to the next meeting. Ms. Sayegusa noted that she is unsure whether or not the applicant could start both processes at the same time because there is no reason why the applicant should have to wait for a recommendation from the Arborist Committee, Ms. Smith asked if it were possible for the committee to email their questions to Mr. Robinson ahead of time to help speed up the process to which Ms . Sayegusa replied yes it is possible . Adjournment With no further discussion, Chair Borgatti called for a motion to adjourn At 11 : 13 a.m. Mr. Crowell moved to adjourn the the meeting with the understanding that item AAC 2014-01 will be meeting. Ms . Smith seconded the motion. deferred to the next meeting. In addition, Staff will contact Mr. Robinson Motion carried 4 : 0 to invite him to the next meeting to discuss his assessment of Exceptional Tree K-21 . Arborist Advisory Committee Open Session April 29, 2014 Page 9 Submitted by: Reviewed and Approved by: Mercedes Youn, Commission Support Clerk Lawrence Borgatti, Chair (X) Approved as circulated on: July 21 , 2014 . ( ) Approved as amended. See minutes of meeting.