Tumwater Mayor Debbie Sullivan responded Tuesday night to an outpouring of concern from council members and the public and paused her plans to have the 400-year-old Davis-Meeker oak tree removed.
The decision was made at the end of the Tumwater City Council's June 4 meeting after dozens of members of the public voiced their concerns about the removal of the historic tree. Sullivan's decision to have the tree removed also didn't sit well with the council.
CIty spokesperson Joy Johnston told The Olympian the decision to pause the removal of the tree was made so a second risk assessment can be conducted.
"The team of ISA certified arborists who completed the first risk assessment found significant decay in the tree's main stem and large scaffold branches," she said. "The city remains confident in the arborists' expertise and professionalism, and agrees further assessment is also appropriate."
Johnston said a process for selecting another arborist for a second risk assessment is underway. In the meantime, she said the city is adding extra safety measures around the tree to reduce the risk to people and structures.
A chain-link fence was put around the tree on Monday.
The public speaks out
Greg La-Due Grove, a member of the Cowlitz Indian Tribe, said the old oak tree is very important to save because it is a marker on the Cowlitz Trail, which is the northern branch of the Oregon Trail. It was a trail of commerce and trade, and it still is, he said.
La-Due Grove said eight years ago he and two others walked the trail for five days, stopping at all the places their elders told them about.
"We stopped by that tree and we remembered," he said. "We remembered that it's a marker for us, that it points a direction."
He said the Tumwater City Council has a responsibility to consult with the tribes on such an important landmark, and that there are five local tribes who have interest in preserving the tree.
La-Due Grove said he'd hate to be caught up in a lawsuit with the city of Tumwater. He said both federally recognized tribes and individuals in them would have legal standing in court, and he urged the council to consult with more stakeholders.
Marnie Jackson of Langley, on Whidbey Island, testified that it's easy to cut down a tree, but it's impossible to put it back. She said the cities of Quebec and Jamestown were new colonies when the oak tree sprouted.
"Rembrandt and Cyrano de Bergerac were children, the Ming Dynasty ruled China and Europe was embroiled in a 30-year war," Jackson said. "Given what this tree has survived and how short our time is in comparison, can you find it in yourselves to give this process more time for the due consideration it deserves?"
Arborist Beowulf Brower said points have been made about the possibility of violating the Migratory Bird Treaty Act, the quality of the risk assessments done on the tree, and what he said were falsehoods perpetrated by certain city staff pursuant to the oak tree.
But Brower focused his public comments on how the City Council had no say in the mayor's decision.
"I plead to you now, do not let the Executive Branch, the Port (of Olympia) or anyone else deprive you of your ability to represent your constituents tonight," Brower said.
He said all the public was asking for was a second opinion on the state of the tree. He referenced the windstorm that blew through the region earlier in the week and how not a single twig fell from the old oak tree.
Steve Erickson, a botanist and restoration ecologist on Whidbey Island, said officials in Oak Harbor moved to have a 350-year-old oak tree cut for similar reasons Tumwater officials have cited. He said the officials in Oak Harbor went ahead with their plans, and now the public doesn't trust its leaders.
Mik Miazio said he's been a certified arborist for more than a decade, and he's a certified tree risk assessor. He said he wants to clarify that the Davis-Meeker oak is not dying, a notion that was perpetuated by those who want it cut down.
Miazio said the city referenced its risk assessment reports, but he believes those reports don't say the tree is dying.
Nicole Mercier said a representative with the U.S. Department of Fish and Wildlife plans to perform an assessment of the kestrel bird nest in the tree later this week.
The council responds
Council member Joan Cathey said the council received a letter from Ken Choke, chairman of the Nisqually Indian Tribe asking the council to delay any decision on the tree until the Tribe has had an opportunity to complete consultation with the State Historic preservation Officer and the Tribal Historic Preservation Officer.
Council member Leatta Dalhoff said she asked Mayor Sullivan and the council on Sunday to add an emergency ordinance to the agenda to preserve the Davis-Meeker oak tree. She said she included three proposals for moving forward. But the city's attorney said her proposal doesn't meet the minimum requirements for an ordinance.
Dalhoff also asked Mayor Sullivan to have another risk assessment performed on the tree and have the assessments done so far be reviewed by an independent third party. She said a number of the council members and professional arborists have called into question the data the city is relying on.
"I'm just begging you, Mayor, to just follow the scientific method," Dalhoff said.
Council member Angela Jefferson said she understands the risk the tree poses to the public, and insurance likely wouldn't cover the city if something were to happen. But City Administrator Lisa Parks said risk liability is something the city faces every day, from people stubbing their toes on sidewalks to paying for replacement tires in sealcoat incidents.
Mayor Sullivan said she would be willing to find another arborist for third-party input.
Parks said the city is in conversation with the Port of Olympia about having added control of their parking during any and all of its events at a building near the tree. Traffic may be diverted away from the tree as well, but they are still trying to figure out what that could entail.
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