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For Immediate Release                                                                            June 28, 2024

 

Contact:

Michelle Peterson, 360 878-7689, michellepeterson.RN@gmail.com

Ronda Larson Kramer, 360 259-3076, ronda@larsonlawpllc.com

 

Selected documents obtained by SDMGO through public records requests at: Public Records (Media Resources/Public Records Requests)

 

Website: Save the Davis Meeker Oak: https://www.davis-meeker-oak.org/

 

 

 

State Legislator Addresses City Administrator’s Directive for Silence on Oak’s Fate


TUMWATER—In what has become the City of Tumwater’s most contentious issue over trees in memory, City Administrator Lisa Parks told staff in an internal email last October to keep from the public the city’s plans to remove a 400-year-old tree next to the Olympia Airport.


Washington State Representative Beth Doglio said of Parks’s internal email, “I think the city should pause, reflect and reassess the public process concerning this historic tree, given the tremendous community and tribal concern that has come to light.”


Doglio represents the state’s 22nd Legislative District, which includes Tumwater.


Lack of Public Process


In an October 27, 2023 email obtained by Save the Davis Meeker Garry Oak, Parks wrote to staffers, “. . . there shouldn’t be any agendas that have this topic as an item listed . . . I would ask that any . . . conversations about the topic remain internal to this group.”


Later in the same email chain, another city employee explained the reason for keeping it a secret was to “get ahead of any backlash.” Tumwater Parks and Recreation Director Chuck Denney responded that Parks was disregarding “all kinds of things that need to get done.” Denney said, “Mum’s the word I guess—we are not ‘sharing’ the possibility that the tree may be removed to anyone yet.”


Though Parks’s email had noted that there were several internal steps needed before a public process was begun, these steps were not taken. Instead, Mayor Debbie Sullivan made a unilateral decision before a March 11, 2024, council work session to destroy the tree with minimal public process and notification.


Councilmember Joan Cathey remarked during that work session that the council should have been brought into the process earlier to afford time to consider options and review the issue with the community.


City Arborist Unqualified to Assess Tree Risk


Parks claimed in a May 14, 2024, memo to the city council that City Arborist Kevin McFarland who recommended removal had the credentials to do a tree risk assessment (“TRAQ”). This qualification provides assurance that an arborist has the training needed to accurately assess risk. The city arborist’s signature block states that he has this qualification. But a website listing arborist credentials indicates he lacks the qualification.


Paul Dubois of Keyport, Washington, a certified tree-risk-assessment arborist, found the danger level for injury from the Davis Meeker Garry Oak to be moderate at most, and found that it could easily be reduced to low with selective pruning and a support system. Dubois volunteered his time to perform an independent assessment of the tree on June 19, 2024.


The results of Dubois’s risk assessment are consistent with a June 2023 email from McFarland to Tumwater’s operations supervisor stating the risk was not high. The city council was never made aware of McFarland’s internal statement that directly conflicts with the conclusion in his October 2023 report to the city. In his October report, he recommended destroying the tree. McFarland has not responded to a request for comment on his contradictory statements.


Because the Davis Meeker Oak is on the Tumwater Register of Historic Places, the city must get a “waiver of a certificate of appropriateness” from the Tumwater Historic Commission before it is allowed to remove the tree—something the city has not obtained, in violation of the city’s own ordinances.


The city has not filed for a required permit from the Washington Department of Archaeology and Historic Preservation (DAHP). DAHP has concluded that based on the historic and tribal association of the tree, it is an archaeological site.


Airport Expansion


Before becoming city administrator on June 16, 2023, Lisa Parks was the executive services director at the Port of Olympia, which operates the Olympia Airport next to where the tree stands.


The port is currently updating the airport’s master plan. The unadopted draft preferred alternative plan projects significant future land developed for general aviation (114 acres), aviation-related/compatible industry (245 acres), and additional area for parallel taxiways.


Local airport activist Jan Witt summarized the airport development plans that she and others were told about at an open house in 2023 held by the Port of Olympia: “The plans would reconfigure the airport to accommodate commercial passenger and freight air service by constructing a new passenger terminal and 500 parking spaces and room for more and by making taxiway changes to increase capacity and refurbishing a portion of the main runway, likely including strengthening it to accommodate heavier aircraft. Plus the plans would add a new turf runway parallel to the main north/south runway,” Witt explained.


Warren Hendrickson, the airport’s senior manager, explained to the Tumwater City Council at a February 28, 2023 work session that by 2040, the forecast potential is 20,000 passengers per month using the airport. He suggested that if the airport was not expanded to meet a forecasted deficit in the aviation industry, it would result in losing out on $31 billion in economic gains and jobs.


The Davis Meeker oak is adjacent to the end of Runway 17/35 at the airport. A 2003 environmental impact study found that the tree hinders flexibility in the use of that runway because it constitutes an “obstruction” that dictates “precision instrument approach minimums” to the runway. Part of the 2013 master plan update also mentioned infrastructure improvements to Old Highway 99 at the tree, including widening the road to four or five lanes and improving the intersection at Bonniewood Drive SE where the tree stands. That work has not been done to date.


The city maintains that airport expansion and road improvements are unrelated to the decision to remove the tree. Thurston County resident Sharron Coontz voiced skepticism: “The mayor stated unequivocally that the oak is coming down, as if there are no other options such as pruning,” said Coontz.


“That only makes me more convinced that the city has hidden motives, whether to do with the widening of Old Highway 99 or airport expansion or some other plans. The mayor has claimed that she wants an ‘unbiased’ evaluation of the tree. If so, wouldn’t she say, ‘Perhaps this tree could be saved without compromising public safety. Let’s investigate that’? Instead, she seems to have already made up her mind.”


Foregone Conclusion by City


The mayor promised at a June 4 city council meeting attended by an overflow crowd to get an unbiased evaluation in the form of a follow-up risk assessment. However, destruction of the 400-year-old tree appears predetermined, as Sullivan later told the Olympian newspaper on June 12 that the tree will not be there in the end: “It’s an historic place and will stay an historic place, it just won’t have the tree standing there,” said Sullivan.


The mayor put a request for qualifications for the follow-up assessment on the city council agenda for its July 2nd meeting.


The Davis Meeker Garry Oak is located on the old Cowlitz Trail, which was used for millennia by indigenous peoples and later by settlers on what became a northern branch of the Oregon Trail. The tree was a landmark for travelers.

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Photo credit: Open Knowledge Foundation.

FOR IMMEDIATE RELEASE                                                                    June 21, 2024 

Save the Davis Meeker Garry Oak

Contact: 

Michelle Peterson, 360 878-7689, michellepeterson.rn@gmail.com 

Ronda Larson Kramer, 360 259-3076, ronda@larsonlawpllc.com 

Court and background documents at https://www.davis-meeker-oak.org/ Media Resources

 

Error-Ridden City Tree Report Invalid to Assess Meeker Oak Risk

TUMWATER—The report relied upon to justify the eradication of the historic Davis Meeker Garry Oak is so deficient and full of errors it cannot be relied on to determine whether the tree is a risk.


A panel of independent licensed arborists with advanced tree-risk credentials reviewed the report. The document, by Tumwater City Arborist Kevin McFarlane, has been used by Mayor Debbie Sullivan as a justification to cut down the 400-year-old tree that is on the Tumwater Register of Historic Places. She maintains the tree is unhealthy but has no evidence to back up her claim.


Notably, the city arborist lacks an important certification in tree risk assessment. Specifically, he lacks an ISA Tree Risk Assessment Qualification (ISA TRAQ). This is a voluntary qualification program. When a professional earns the ISA TRAQ credential, they learn a standardized, systematic process for assessing tree risk. One can verify any arborist’s credentials here: Verify an ISA Credential (treesaregood.org).


According to the panel of independent experts, McFarland appears to have rushed through his assessment, as indicated by the report’s errors:


  • It overstates the height of the tree by 54%. The report states the tree is 125’ when it is verified to be 81.1’ high.

  • In citing land use or other changes to the tree’s location, the report states “none,” while the tree, at approximately 400 years old, predates all development.

  • The potential damage to the hangar is reported as severe. The hangar is not in the dripline of the tree. At most, the risk would be for some damage to the building’s exterior.

  • Photographic evidence shows a two-inch area of open decay, yet the report says that 50% of the tree’s circumference is an open void.

  • The arborist failed to use resistance drilling, a technique would have helped determine the density of the wood.

  • The extent of decay that is estimated and dramatically illustrated is based on only a one-hour climbing survey of the tree and on tapping the tree with a mallet.

  • The risk categorization, which is based on a series of formulaic steps, does not conclude with the correct level of risk/damage; it rates the risk higher.

  • Due to the risk the report assumes, Mr. McFarland recommended removal of the tree and dismissed the possibility of “retrenchment,” a vague term that encompasses numerous possible approaches to pruning or reshaping the tree to enhance its strength.

  • Another consultant cited in the report who performed tomography of the tree—testing by sound waves—recommended instead that the tree be retained and managed as a “veteran” tree with retrenchment and pruning. A third independent arborist reviewing the report states that a 10 to 15 percent reduction through pruning would reduce strain on the tree by 50 percent.


"The loss of habitat value from removing a tree of this magnitude can not be mitigated,” said certified arborist Beowulf Brower. “The risk assessment condemning it contains such a variety of errors that it should be redone by a neutral third party. While the methodology of the inspection was sound, the report is incongruent with those findings."


Jesse Brighten of Arbor Dreams and a certified arborist and tree-risk assessment specialist, said, “The errors contained within the report (McFarland’s) are so egregious the recommendation for removal should not be considered.”


“The economic, social, historical and tribal values outweigh any hasty recommendation for removal. Preservation efforts should be considered,” Brighten added.


Mayor Sullivan in April overrode the Historic Preservation Commission’s refusal to remove the tree from the Tumwater Historic Register, claiming that she had emergency authority to skip obtaining a required waiver for taking down the tree. She then got bids for the removal without opportunity for public review or comment and she went to court to remove a temporary restraining order obtained by Save the Davis Meeker Garry Oak (SDMGO) citizens group.


The Davis Meeker Garry Oak is located on the old Cowlitz Trail, used for millennia by Indigenous people and later by setters on what became a northern branch of the Oregon Trail. The tree was a landmark for travelers.


Garry oaks are Washington’s only native species of oak, and Garry oak habitat is protected under state law. Also, oak is the national tree of the United States.

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For Immediate Release                                              June 17, 2024

 

Contact:

Michelle Peterson, 360 878-7689, michellepeterson.RN@gmail.com

Ronda Larson Kramer, 360 259-3076, ronda@larsonlawpllc.com

 

Selected documents obtained by SDMGO through public records requests at: Public Records(Media Resources/Public Records Requests)

 

Arborist reports and background documents at: Arborists' Viewpoints

 

 

 

 

City Arborist’s Email Says Historic Oak Tree Not High Risk

 

TUMWATER--In what has become the City of Tumwater’s most contentious issue over trees in memory, the city’s arborist, Kevin McFarland, contradicted his public report in an internal city email, writing that the Davis Meeker oak next to the Olympia Airport was not a high risk.

 

“This is appalling,” said Michelle Peterson, a lifelong Tumwater-Olympia resident, of McFarland’s internal email. “If you look at the timeline, the logical conclusion you draw is that there was some kind of internal pressure on him to change his opinion to align with someone else’s goal to remove the tree.”

 

In a June 28, 2023 email obtained by Save the Davis Meeker Garry Oak, McFarland wrote that “The risk assessment is not complete, but it is my opinion that the tree does not pose a extreme or high risk….”

 

McFarland went on to write that the tree needed additional assessment. As a result, the city hired Tree Solutions to do an inspection. After its inspection, Tree Solutions agreed the tree was not high risk.

 

“It is my opinion that this tree should be managed as a veteran tree . . . If this tree is retained, it should be reassessed with sonic tomography in five years,” said Tyler Bunton, the arborist from Tree Solutions in a memo dated September 23, 2023.

 

But McFarland’s subsequent final report on October 10, 2023 said the tree needed to be removed.

 

“The evidence doesn’t support his conclusion,” said Peterson. “How can Mr. McFarland say the tree needs to be removed when the follow-up assessment said the tree merely needs pruning?”

 

Other arborists criticized the city arborist’s assessment as being flawed and lacking thoroughness. “It’s like if this tree was your grandma, and someone did an X-ray of her foot and tapped on her head and said, ‘Well she’s generally healthy, but she has diabetes, so we should just put her down. Don’t worry, I spent a few hours checking her out. I don’t need to send off any lab work.’ You would be furious,” said Ray Gleason, a professional arborist. “Because of the historical importance of this tree, at a minimum sonic tomography should have been done on the entire canopy, not just the base,” he said.

 

“The city arborist’s report contains a litany of errors,” said old-growth and heritage tree specialist Beowulf Brower. “It also ignores good science and technology in favor of inaccurate and rudimentary methods. Oak trees handle pathogens well. They are some of the most durable and longest living hardwoods in our region.”

 

Gleason said, “Structurally, the tree shows very good contents, in both the branches and in the trunk. There is no visible mycelium nor staining that validates the city's statement of decay.”

 

Professional arborist Jesse Brighten said “The city’s own follow-up assessment by Tree Solutions said that pruning would be sufficient. Yet the city arborist overrode this for no reason and concluded that removal was the only option. That is unconscionable for a tree of such importance.”

 

Mayor Sullivan overrode the Historic Preservation Commission’s refusal to remove the tree from the Tumwater Historic Register, claiming that she had emergency authority to skip obtaining a required waiver for taking down the tree. She then got bids for the removal without opportunity for public review or comment and she went to court to remove a temporary restraining order obtained by Save the Davis Meeker Garry Oak (SDMGO) citizens group.

 

At a city council meeting on June 4 that lasted four hours due to the high number of people who came to give public testimony in support of the tree, the mayor bowed to public pressure and pressure from the council and agreed to have the tree assessed again.

 

As for who would perform the assessment, the mayor said at the council meeting that she does “not want any of the arborists or anyone who has been involved in this in any way shape or form, but somebody totally outside the scope of this who's … totally independent from all of the rhetoric and all the other things and all of the preconceived notions . . . .”

 

Then on June 12, before the follow-up assessment had been done, Sullivan told the Olympian, “It’s an historic place and will stay an historic place, it just won’t have the tree standing there.”

 

SDMGO spokesperson Peterson said of the mayor’s June 12 statement, “She is saying this before the follow-up assessment has even been done. It’s clear she plans to remove the tree regardless. Like she did with the first assessment, it appears the mayor is going to dictate the outcome of the second assessment,” said Peterson.

 

SDMGO plans to raise enough money to hire an environmental law attorney to stop the mayor’s plans to cut down the tree.

 

SDMGO asks citizens to donate to the legal fund and contact the city council by emailing council@ci.tumwater.wa.us to ask them to pass an emergency ordinance that requires the mayor to first obtain (1) a thorough risk assessment, (2) a permit from the state archaeology department, (3) a waiver from the historic commission, and (4) consensus of three arborists who say removal is necessary.

 

The Davis Meeker Garry Oak is located on the old Cowlitz Trail, which was used for millennia by indigenous peoples and later by settlers on what became a northern branch of the Oregon Trail. The tree was a landmark for travelers.

 

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