Inaction leaves neighbor trimming tree
Staff writer
After the city did not act on his complaints, Peabody resident Floyd Smalley, 64, spent much of last week cutting back a neighboring tree that pressed against a transformer and pulled a communications line toward the ground.
Fresh-cut limbs covered part of the alley Friday. A ladder braced what remained of the tree, Smalley’s pole saw stuck above it. A line still hung low through the work area.
The tree belongs to Michael D. DeNardi, 57, and Shannon L. DeNardi, 52, who remain in Marion County Jail after their arrests May 2 on suspicion of drug distribution. Both are held in lieu of posting $300,000 bonds.
Smalley had gone to city hall and told the city treasurer about the tree and lines.
She wrote down his concerns and said she would give them to Mayor Bailey Penner, he said.
A city employee later inspected the problem but told him there was nothing the city could do and suggested he contact Evergy, Smalley said with frustration.
He was told by Evergy that the line being pulled down was an AT&T communications line, not a power line.
Pressure on the line had pulled his power pole sideways, Smalley said. When he freed the line, the pole moved back, but he also feared the tree could fall across a recently installed sewer line or pull out his electrical service.
The city could hire Isaac Hilliard to cut the tree and bill the DeNardis, Smalley suggested.
Peabody previously hired Hilliard for tree removal, approving his bids in 2024 to remove two city-owned trees because of damage and potential liability to electrical lines and park infrastructure.
That did not happen at the DeNardi property.
Fearing what could happen to his household, Smalley began to cut the tree throughout the week. He worked about three hours Thursday and from 8:30 a.m. until 3:30 p.m. Friday, stopping periodically to drink water and cool down when his heart began racing because of his age and the summer heat.
The lack of city action had drawn concern from Peabody public health and safety officer Denise Jantz, who said city crews had treated another tree differently.
Public works employees used a skid steer and other equipment and three employees to cut up a tree on Walnut St. while she was preparing enforcement action on the property, Jantz said.
She asked the city to trim the DeNardi tree enough to clear the alley and allow lines to be dealt with, but officials would not do it, Jantz said.
She raised the question with council member Jennifer Bush during a meeting at a Newton Starbucks, she said.
Jantz said Bush told her that nobody at the city would help the DeNardis.
“If we make it hard, then we can maybe run them out of town,” Bush told her, Jantz recalled.
Bush did not respond to calls and texts seeking comment Tuesday.
Penner said he did not direct anyone to withhold city action to force the DeNardis out.
The city instead held off because it did not know whether Professional Code Compliance already had sent a certified notice on the property, Penner said. Issuing another notice before obtaining PCC’s records could jeopardize enforcement in court, he said.
“I have no vendetta against any private citizens in the town whatsoever,” Penner said.
The problem with PCC records was not new.
Jantz told council members Aug. 31 that she needed PCC notices and proof of service before proceeding with existing cases to avoid duplicating notices.
City crews nevertheless performed tree work on Walnut St. outside the enforcement process, Jantz said.