Collaboration on Planting Edible Trees along Haywood Road

[gabrielle white]

Greetings Robert,

I write as a board member of the East West Asheville Neighborhood Association, a member of the fruitnut club, and a collaborator with the Buncombe County Food Policy council.

I'm following up on my request to the city, a year or so ago...about wanting to see our Food Action Plan put into action...specifically to collaborate on having edibles installed along Haywood road, in my neighborhood. I know there were dogwoods replaced (are the new plantings Kousa?) and I would like to see if there is any way we could add 1 or more variety of edibles in addition to those trees.

Unfortunately, I'm writing after the dogwood trees along haywood have been replanted because I never heard back from the city after learning about the potential for edible plantings a year ago. Rich Lee, then on the East West Asheville Neighborhood Association Board had given me a couple names and emails, but after writing twice I never heard back. Because the city never contacted me..... I never made any headway on this project.

I brought this topic of edibles along haywood road up at our last board meeting and I know my community, would love to have access to food along Haywood road. It is well-frequented which means it would be well cared for/well-eaten. It would be a GREAT demonstration site to move forward on being a "bee city" (pollinator plants are necessary around trees) "Tree city" and a city that cares about food access for everyone.

I would love to have a seat at the table, or know how it is possible to be an active participant in getting edibles planted in the city on projects such as alongside the replanted dogwoods on Haywood Road.

In the future.and perhaps for this project... I would think there could be a working group (Edible Tree People) that is umbrella'd under the Food Policy Council, that would be consulted whenever public works or parks and recs were installing trees since 3 years ago our city council decreed we would do just that. Or perhaps there is another solution you are more fond of.

There is so much community building that is possible with projects like these to add food into our landscapes. I have seen people thrive because of the connections made to nature, their food, other people, and the creation of a sense of PLACE. I would like the opportunity to be a part of where I live and be a part of a regenerative culture.

Please let me know your thoughts on how to move forward with collaboration on the project to give everyone access to healthy food. (It's a BIG task!) But let's start somehwere.

Peace,

Gabi 

322 Riverview Dr

Asheville, NC 28806

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Gabrielle White

Cell (828) 335 6923

 

The most inspirational video you need to have seen: https://www.youtube.com/watch?v=GYES81Ibj4A

[gabrielle white]

Robert, thank you kindly for getting back to me and informing me what Asheville has chosen. I am sad there was such a long delay for me to hear from the city, but grateful to hear from you...even if it's a post-even kinda thing.

To all:  Unfortunately for us and our children, this one of many cases the city has chosen to not plant food trees that would provide much needed food for the people of the city, much needed connection, much needed civic engagement and education. As we take away these places of commons we suffer greatly in our isolation and all the negatives that generate from isolation.

This is very sad indeed. While I understand law, what I will never understand is why we can't put up a signage and have programs dedicated to education around nature/food/the wild...how important it is, and how if we worked with it, we could be a regenerative society instead of a society of takers. We are losing time to rebuild what we have broken down, and nature is changing quite rapidly as our climate shifts.

I don't know how to solve this situation, but as I have never seen the attorney's remarks or if there is any way to get around whatever their concern is, then I can't help brainstorm possible solutions. If you could pass that on that'd be great.

I would hope at least, this could be a corridor for native pollinator species...I don't know why this couldn't/wouldn't include blueberries, serviceberries, elderberries, hazels, or other small understory trees that nature would have in a true ecosystem.

If we put our fear above our love, than we lose our humanity. One looking at us from above would think money was our god, and nature our enemy.

If any of you who hold city positions have answers/solutions to the communities desire to grow food where people live, do let me know. Sounds like Robert's hands are tied.

Peace,

Gabi

On Tue, Jan 19, 2016 at 3:32 PM, Robert Kun <RK...@ashevillenc.gov> wrote:

Hello Gabrielle,

 

I am sorry to inform you that our attorney has directed us to not plant edible trees on the Haywood Road Multimodal project.  She said it would be a liability to the City that we would not want to create.  Also, the City Arborist noted the abundance of existing trees on both sides of the street and recommended no additional plantings.  He also stated that the abundance of kudzu would engulf any new trees we would plant behind the sidewalk, so we only put trees back in limited areas free from kudzu.

 

I believe I related this information to Ted Figura and Alice Oglesby at a meeting we had some time ago, but I could be mistaken.  I am sorry for the delayed response.  Please feel free to contact me with any further questions or concerns.

 

Take care,

 

 

Robert Kun

Project Manager

City of Asheville

828-271-6147 Office

828-259-5832 Fax

[\jillian \wolf]

This doesn’t sound good for planting fruit trees in Greenways. We’ve discussed in various meetings the idea that the law office would not go for berries as poisonous species could be easily mistaken for edibles, but it looks like we are at that old wall of any fruit being a liability. By the way, the gingko trees in the downtown area bear fruit that is edible. As far as I know, nobody has died from eating it. Precedents have been set, have they not?

 

How might we resolve this issue? The Land Use Cluster of the ABFPC is looking at next steps with regard to the Greenways. If the City Attorney is the first step, we need to know that. There’s no point in gathering stakeholders to make a plan of action if it stops in the law office right off the bat.

 

Thoughts?

 

Jillian Wolf

ABFPC, BCFN

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[Chris Howells]

I wonder if it would be helpful to contact the city officials from other progressive cities that have done this successfully and ask their law department how they handled the issue? Portland for example? Forgive me if you have already thought of this! Perhaps it is just the matter of adding some kind of rider to the insurance?

[\jillian \wolf]

I would like to know what the liability issues are with fruit trees.

[Melanie Brethauer]

---------- Forwarded message ----------
From: Melanie Brethauer <ncciv...@gmail.com>
Date: Sun, Jan 24, 2016 at 11:08 AM
Subject: Re: Fw: Collaboration on Planting Edible Trees along Haywood Road

To: Amy <aak...@hotmail.com>
Cc: Susan Garrett <susan....@abccm.org>, jillian wolf <biso...@gmail.com>, Chris Howells <gardenle...@gmail.com>, Land Use Cluster <asheville-fpc-...@googlegroups.com>, Mary Ellen Lough <mother...@gmail.com>, Lucy Crown <lcr...@ashevillenc.gov>, Amber Weaver <awe...@ashevillenc.gov>, Dawn Chavez <da...@ashevillegreenworks.org>, "buncombe...@googlegroups.com" <buncombe...@googlegroups.com>, Gordon Smith <gordonsmit...@gmail.com>, asheville food policy council <abfpc-gene...@googlegroups.com>, Tim O <tor...@hydrocycle-eng.com>

Gordon –
Perhaps it's time for the city of Asheville to consider adding a position of urban Forrester to staff. The town of Chapel Hill has this position.

There are so many people donating hours and hours of volunteer time.  Currently we are bounced from staff person to staff person, mostly going in circles rather than moving ahead.  Wouldn't it be lovely to have one dedicated staff liaison for all the various groups to work with?

Thanks,
Melanie

On Sunday, January 24, 2016, Melanie Brethauer <ncciv...@gmail.com> wrote:

Hello everyone – I applaud and support all of your efforts about planting edibles in public spaces.

I would also like to have a conversation about why it's so important to have edibles on the "recommended species list" in the City of Asheville Unified Development Ordinance (the UDO is the list of rules for any/all development within City limits). 

I am a consultant, a professional civil engineer specializing in sustainable land development. When we create a landscape plan for a site, using species that are on the "recommended species list" saves us time and money because these plant species are pre-approved for projects. We are allowed to use other plant species, but then the planning department can ask us to change them. This may not seem like a big deal, but everyone that works in development knows that any element requiring more city approvals (with potential for project delays) is understandably discouraged by the client.

The situation I am describing is not hypothetical. In 2009 I had a site where we were going to use edibles, but due to the timing of the plantings we could not afford any delays from the City.  Therefore I was instructed by the client to use plants directly off the recommended species list.  This was discouraging to me, since it would have been a perfect site for edibles.

When I was on the SACEE Board, back in 2010-11, I worked with more than 20 professionals (arborists, permaculturists, landscape architects, etc..), City staff, and the full SACEE board to revise the recommended species list (a working SACEE draft is attached). The intention was not just to create a list of plants. The intention was to revise the UDO "recommended species list", adding in edibles, pollinator friendly, and natives plus removing undesirable species.  

After months of working on a revised recommended species list, SACEE was told by Shannon Tuch that it needed to go to the Tree Commission for their recommendations before final approval. (attached is "recommended tree and shrub list final-1" which I believe are the final recommendations from the Tree commission – Amy is that correct?).  

I went onto the City's municode library tonight, and there are no updates from SACEE or the Tree Commission.  (I have attached the current "recommended species list"- UDO appendix 7C).  

It has been more than 5 years, and hours and hours of volunteer time.  Does anyone know when UDO Appendix 7C will finally be revised?

Melanie

Melanie Brethauer, PE, CFM LEED AP

828.674.9128

ncci...@gmail.com

On Fri, Jan 22, 2016 at 8:43 PM, Amy <aak...@hotmail.com> wrote:

Joey Robison and I spoke directly with Brad Stein a while back about planting edibles in public spaces and he said that he saw no issue at all, as long as we had support from the appropriate city personnel.  The suggestion was to agree with the city (Roderick Simmons or Mark Foster) to identify appropriate plantings and come to the table with a workable maintenance plan.

Amy Kemp

Tree Commission

 

---

From: susan....@abccm.org
Date: Fri, 22 Jan 2016 17:11:12 -0500
Subject: RE: Collaboration on Planting Edible Trees along Haywood Road
To: biso...@gmail.com; gardenle...@gmail.com
CC: asheville-fpc-...@googlegroups.com; mother...@gmail.com; lcr...@ashevillenc.gov; AWe...@ashevillenc.gov; da...@ashevillegreenworks.org; buncombe...@googlegroups.com; aak...@hotmail.com; gordonsmit...@gmail.com

Hello all,

 

The Tree Commission spent months going around with the city Development Department about a list of approved edibles.  Land Use attended a meeting together with the Tree Commission, Shannon Tuch in Development and the arborist.  At that time, the issue of liability arose as well.  The issues I heard stated were liability from people tripping/slipping on fruit and fruit rolling underfoot.

 

The middle ground seemed to be making sure plantings occurred a sufficient distance away from walkways so that fallen fruit would not fall or roll onto them.

 

I am copying Amy Kemp who was instrumental in getting final approval on this plant list.  Amy – what is your understanding of the legal status of planting edibles on greenways?

 

And I have also copied Gordon Smith.  I urge Land Use and Fruit Nuts to engage City council members to advocate for what we want to see.  City staff follow what City Council tells them to do.  So if you get Gordon, Gwen, Cecil, Chris and others involved and on board with a sustained focus on this effort, making sure that city staff follow through, it will happen.  I know this has been done in other cities.  Atlanta’s Beltline is an example.  I do not know how they dealt with legal issues or even if any arose.  One solution that would seem to make sense to me is to simply put signage in areas where fruit will be saying that this is a community-planted area and the city cannot be held responsible for any injuries.

 

I am not actively engaged at this time in Land Use, but am hoping this small bit of info helps.

 

Susan

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Melanie Brethauer, PE, CFM LEED AP

828.674.9128

ncci...@gmail.com

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Melanie Brethauer, PE, CFM LEED AP

828.674.9128

ncci...@gmail.com

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Melanie Brethauer, PE, CFM LEED AP

828.674.9128

ncci...@gmail.com

[Jillian Wolf]

Amy, what are the parameters for "appropriate for developers"? 

Jillian Wolf

ABFPC

BFNC

On Jan 25, 2016, at 6:42 AM, Amy <aak...@hotmail.com> wrote:

The city's previous species list, the SACEE list, downtown commission and Bee City lists were combined to create the current recommended species list.  Note that this list is intended to be available to developers through the city's planning department.  At this time the species on the list are considered to be appropriate for developers.

We intend to create a larger list for public use, and that list will expand on the current list.  On the expanded list we expect to have more edibles and native plantings.

Please forward any additional items you would like to see on the updated list, which we expect to embed into the Open Tree Map website when that is complete.  Note that this is a future project that could take up to 6 months to complete the website and have inserted into the updated list content into it.

All the best,

Amy Kemp

Asheville Tree Commission

 

---

Date: Sun, 24 Jan 2016 00:15:10 -0500

Subject: Re: Collaboration on Planting Edible Trees along Haywood Road

From: ncciv...@gmail.com
To: aak...@hotmail.com
CC: susan....@abccm.org; biso...@gmail.com; gardenle...@gmail.com; asheville-fpc-...@googlegroups.com; mother...@gmail.com; lcr...@ashevillenc.gov; awe...@ashevillenc.gov; da...@ashevillegreenworks.org; buncombe...@googlegroups.com; gordonsmit...@gmail.com

Amy Kemp

Tree Commission

 

From: asheville-fpc-...@googlegroups.com [mailto:asheville-fpc-...@googlegroups.com] On Behalf Of \jillian \wolf

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Melanie Brethauer, PE, CFM LEED AP

828.674.9128

ncci...@gmail.com

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[Melanie Brethauer]

Amy – is the previously attached "recommended tree and shrub list final-1"

The final list that came out of the tree commission? And if not would you attach the final list?

And when is this list scheduled to become part of the UDO? It seems like it could be done at the next council meeting…

Thanks,
Melanie

On Monday, January 25, 2016, Amy <aak...@hotmail.com> wrote:

The city's previous species list, the SACEE list, downtown commission and Bee City lists were combined to create the current recommended species list.  Note that this list is intended to be available to developers through the city's planning department.  At this time the species on the list are considered to be appropriate for developers.

We intend to create a larger list for public use, and that list will expand on the current list.  On the expanded list we expect to have more edibles and native plantings.

Please forward any additional items you would like to see on the updated list, which we expect to embed into the Open Tree Map website when that is complete.  Note that this is a future project that could take up to 6 months to complete the website and have inserted into the updated list content into it.

All the best,

Amy Kemp

Asheville Tree Commission

 

---

Date: Sun, 24 Jan 2016 00:15:10 -0500

Subject: Re: Collaboration on Planting Edible Trees along Haywood Road

Amy Kemp

Tree Commission

 

From: asheville-fpc-...@googlegroups.com [mailto:asheville-fpc-...@googlegroups.com] On Behalf Of \jillian \wolf

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ncci...@gmail.com

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