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Council tables proposed arboriculture standards amid expert, liability concerns
Summary
After public testimony that the proposed arboriculture standards are weaker than state law and ANSI guidance, councilors and city attorneys debated discretionary vs. mandatory language and liability; the item was tabled to consult local tree experts and returned in January (vote 7-0).
Councilors and members of the public expressed concern that proposed arboriculture standards drafted by the Shade Tree Commission do not meet state statutes or ANSI best practices and could weaken municipal maintenance obligations.
Maggie Redfern, speaking during public comment, urged the council not to adopt the standards as a preferred guide because they were "less than state law and best practices," and she recommended using mandatory language ("shall") to require proper planting and maintenance. She cited Connecticut statutes "sections 23-61a through 23-61m" and ANSI tree care operations standards as models.
President Pro Tem Hart raised liability and qualified-immunity concerns, saying mandatory language in prior city policy contributed to a legal settlement and recommending further consultation with New London Tree experts. City Attorney Estep and legal staff explained the difference between discretionary and mandatory policy language and said insurers had advised changes to reduce the city's exposure; staff said the draft had been reviewed to limit potential liability.
Hart moved to table the item to allow consultation with local experts and to consider sending it back to the Shade Tree Commission; the motion to table was seconded and carried by a vote recorded as 7-0. Councilors said they preferred a standard that both protects residents and is enforceable and does not create unnecessary legal exposure.
Why it matters: The debate balances municipal liability, resident safety and the need for proactive urban-tree maintenance; councilors said they want a standard that meets state law and protects the public without unduly increasing city exposure to claims.
Next steps: Council will consult with New London Tree experts and the Shade Tree Commission and will revisit the item at the council's second meeting in January.
