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HomeMy WebLinkAboutREP PC 091 03/21/2000 1998-2000 REPORT OF THE COMMITTEE ON PLANNING DATE: March 21, 2000 Re: C-687Bi11 No. 220 PLACE: Councilroom TIME: 1:42 p.m. Chair and Members Hawaii County Council Hilo, Hawaii 96720 Your Committee on Planning, to which was refereed Bill No. 220, transmitted by Arborist Advisory Committee Chair David Tamura per Communication No. 687, dated February 22, 2000, regarding exceptional trees, reports as follows: Bill No. 220 amends Chapter 14, Article 10, of the Hawaii County Code, as amended, by providing "exceptional tree" status to the following: I . The Gardenia Remyi, owned by John & Dorothy Cross on property located at TMK: 2-3-29:02 on Waianuenue Avenue. 2. The Monkeypod Tree, owned by the County of Hawaii on property located at TMK: 2-6-12:10 at the Alae Cemetery. Pursuant to Chapter 58, Hawaii Revised Statutes, each County within the State has to establish an Arborist Advisory Committee to research, prepare and recommend to the county council exceptional trees to be protected by County ordinance or regulation. Pursuant to Article 10, Hawaii County Code, the County desires to enact protective regulations to preserve exceptional trees within the County. In the County of Hawaii, the Arborist Committee falls under the jurisdiction of the Planning Department, which enforces Article ]0 and has the police power to take appropriate action to ensure compliance with the provisions of Article 10. As defined in the Hawaii Revised Statutes and Section 14-57 of the Hawaii County Code, • "exceptional trees" means a tree or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, aesthetic quality, or endemic status has been designated by the council as worthy of preservation. The term does not apply to trees planted for commercial forestry operations. When Committee Member Leningrad Elarionoff asked, "What makes a tree an exceptional tree?" Mr. Tamura explained that the Arborist Committee has an application form which has several categories by which the trees are graded: historical value, rarity, condition of the tree, the health of the tree, the location of the tree, significance and public interest. Mr. Elarionoffthen asked, "What is the advantage or disadvantage to have one of these trees dedicated as such or considered as such?" And Mr. Tamura explained that "it's about the only way that we as citizens or the County of Hawaii have to preserve trees from being cut down." He also explained that it's a difficult process because if the homeowners voluntarily designate a thee, PC-91 PC-91 Page 2 March 21, 2000 they have limitations on what can be done with that tree because they will not be able to trim or cut it down because of its nomination as an exceptional tree. He also stated that "on the other side, it's a living, very viable tree that we hope to preserve and that's the only way that we have to preserve it " Mr. Tamura noted that when the Arborist Committee visited the monkeypod tree site at the cemetery, representatives from the Department of Parks and Recreation (Parks) were also present. Your Chair was concerned if the "exceptional" tree designation would impact the County's ability to protect the gravesites and if the County would be required to relocate some of those impacted graves. Your Chair was also concerned if the County should be touching bases with the family members of the people who are interred there because of the disruption of the grave sites. Mr. Tamura replied that the Arborist Committee did not consider that aspect but will check with the Parks Department on this matter. Your Chair also stated that normally in our cemeteries, we have the option to trim or remove trees if they are impacting the gravesites, but once a tree is designated as an exceptional tree, we may no longer have that option. Your Chair recommended that this measure be transmitted to the Council, and in the meantime, she will touch base with Parks and "and go out and take a look at the cemetery and, maybe, try to get a little bit more feedback on that." Curtis Tyler made a friendly suggestion to correctly include the diacritical marks in the Hawaiian names within the text of the bill, but because the diacritical marks have absolutely no bearing on the subject matter of this measure, no amended draft will be prepared. It has been noted for the record, however, that this suggestion has been made pursuant to Ordinance No. 97-159, which states "the County shall encourage the proper use and correct spelling of words or terms in the Hawaiian language...". Your Committee on Planning is in accord with the intent and purpose of Bill No. 220, and recommends it pass first reading. AYES NOES A & E EX Respectfully submi LEITHEAD-TODD X CAM E TYLER X CHUNG X _ ELARIONOFF X IACOesoN X B B JEA LEI EAD-TODD, CHAT PISICCHIO X SMITH x PC REPORT NO. 91 YAGONG X ADOPTED: WI O 4 2000 ARAKAKI E.O.M.