Mayor's Update on Brazil Street

This is an update I sent today to the Board of Aldermen regarding Brazil Street.

I would like to take this opportunity to address some concerns expressed in the resolution pertaining to the Brazil Street homes affected by the June 20, 2019, sewer backup. My administration has worked diligently to assist the residents of the affected homes, first and foremost by providing immediate professional surface-level cleaning and sanitation within a 48-hour period in all four homes. We have been in regular contact with them, providing information and assistance, and working closely with the City’s insurance company to process these claims as quickly as possible.

On the day the sewer backup occurred, two professional cleanup and restoration firms, ServPro of East Boston and ServPro of Melrose, completed surface-level cleaning and sanitation within a 48-hour period at four homes: numbers 9, 12, 13, and 18 Brazil Street. In total, the City has paid $15,200in cleanup and restoration costs, with an outstanding estimate of $8,352.22to finish the remediation work at 13 Brazil Street.

I understand that sewer backup is highly contaminated, and that exposure to toxins, bacteria, and pathogens may cause health problems. That is why the residents were directed to contact a professional cleanup and restoration firm immediately. That is why ServPro of Everett and ServPro of Melrose worked vigorously to complete surface-level cleaning and sanitation within a 48-hour period in all four homes. That is why I authorized payment of $15,200 to provide a safe environment for these residents to return to. And that is why I authorized $13,441 to date to provide emergency lodging for these residents.

I am torn about providing environmental testing of these homes. I empathize with the fear and uncertainty the residents may be feeling, but the fact is that these tests have no merit. Such testing is not supported by scientific standards.

No matter how much compassion I feel for the people of Brazil Street, as Mayor I must work with facts. Neither the DPH nor the CDC advises the use of air quality tests for mold and bacteria because there are no established, science-based standards for determining safe or unsafe levels of these contaminants.

As Mayor, I must balance my desire to help these residents with the need to be prudent with public funds. We have insurance precisely to deal with cases such as this one, and that insurance limits what we can and should do. If we provide assistance over and above what our insurance company deems appropriate, we not only defeat the purpose of having insurance but we would expose the taxpayers of Melrose to potentially uncontrollable costs.

That being said, here is an update of each of the four homes affected in the June 20, 2019 Brazil Street sewer backup.

9 Brazil Street: The City paid ServPro of East Boston to complete surface-level cleaning and sanitation of the home on June 20, totaling $2,690.00.The homeowner was satisfied with the professional surface-level cleaning and sanitation and immediately began remediation work. The Health Director gave the owner verbal notice of re-occupancy on June 26; written notice was provided on July 3. The owner continues to make renovations in the home.

The City provided emergency lodging for the tenants of this home through July 8.

Both the homeowner and the tenants have signed the releases issued by the City’s insurance company, and settlement checks have been issued.

12 Brazil Street: This is a rental property, and at the time of the event, the homeowner was out of the country. The City paid ServPro of East Boston to complete surface-level cleaning and sanitation of the home on June 20 and subsequent remediation work to the home within 48 hours, totaling $7,500.00. On June 28, the Health Director verbally cleared the property for re-occupancy. On July 2, the tenant informed the Health Director that ServPro had told her that sewage had seeped into a pipe or vent that runs beneath the living room floor, and that this would require additional cleanup. The Health Director confirmed this with ServPro. ServPro does not do this type of work and did not succeed in finding a company to jackhammer the floor and replace the vent. On July 3, the Health Director reversed her verbal decision to clear the property for re-occupancy. Also on July 3, an agent of the homeowner informed the tenants that “construction at 12 is not going to happen as fast as you might be thinking” and advised them that their “best bet is to go into the apartment market and find another place to live.”  

The home is not deemed habitable, and it is my understanding that the owner returned this week and is planning reconstruction.

The City committed to providing emergency lodging to the tenants through July 31. Legally, it is the homeowner’s responsibility to provide emergency housing, and we have said as much in several e-mails to the tenant, the homeowner, and the homeowner’s agent. The homeowner’s agent said that the tenant should use her renter’s insurance to help with the cost of lodging, but the tenant says her insurance initially refused to cover it. On July 18 my office suggested to the tenant that it may be a good idea to resubmit the claim to her insurance company since the Weston and Sampson report did not place the blame squarely on the City.

To the best of my knowledge the City’s insurance company tried contacting the homeowner through her agent regarding her claim and is still waiting for a reply. The tenants of this property have signed the release and a settlement check has been issued.

13 Brazil Street: The City paid $1,535.28 to ServPro of Melrose to complete surface-level cleaning and sanitation of the home at 13 Brazil Street on June 20.  On June 21, the City received an estimate from ServPro of Melrose for the necessary remediation work in the amount of $8,352.22. The ServPro Project Manager communicated with the homeowners and scheduled the remediation work for July 16, but on that day, ServPro was denied access to the home by the homeowner. On July 23, my office reached out to the homeowner’s representative to ask if the remediation work had taken place. The Project Manager for ServPro of Melrose reached out to the homeowners again on July 24 and did not receive a call back. On July 25, the homeowner’s representative contacted my office and stated that the hot water heater and heating unit would be removed the week of July 29. During that conversation my office realized the owner had not provided the insurance adjuster with a list of contents lost as a result of the backup, and gave him the adjuster’s contact information. On July 30, the homeowner’s representative informed the ServPro office manager that a POD is scheduled for delivery this Saturday, August 3, to store personal items, and that the representative will contact ServPro next week to schedule the remediation work.

The City offered emergency lodging for the homeowner but the homeowner declined, choosing to stay with relatives instead.

To the best of my knowledge, the City’s insurance company is working with the homeowner’s attorney on extending an offer on her claim.

18 Brazil Street: The City paid ServPro of East Boston to complete surface-level cleaning and sanitation of the home at 18 Brazil Street on June 20, and subsequent remediation work, totaling $3,075.00. The homeowner elected to have all bathroom fixtures removed and had the whole bathroom gutted on June 24. He is getting bids from plumbers, but he only needs to install a toilet for the house to be cleared for re-occupancy.  My office continues to work with the owner, arranging for DPW to pick up furniture and appliances this week.

The City paid for emergency lodging for the homeowner through July 15. On July 10, I and my staff met with the homeowner and informed him that the city would not pay for emergency lodging after July 15. At that point, the house had been cleaned and sanitized, remediation work had been completed, and the house would be deemed habitable once a toilet was installed. We advised him that he needed to install a toilet and have the house inspected by July 15. He has not yet done so.

To the best of my knowledge the City’s insurance company is working with the homeowner’s Private Insurance Adjuster on extending an offer on his claim.

I want to make it clear that in both the case of the tenant of number 12 and the owner of number 18, we had solid reasons for limiting the emergency housing. In the case of number 12, the tenants were told by their landlord that they cannot reoccupy the house, and we decided to provide lodging until July 31, knowing it is difficult to find a new apartment mid-month. However, it is not the city’s responsibility but is actually the landlord’s to provide lodging, and as we have advised both of them of this fact, I feel it would be irresponsible to continue to spend municipal funds on housing this family.

In the case of number 18, the homeowner was told that he could reoccupy his house as soon as he installed a toilet and the home is cleared by the Health Director; he has not done so.

Each of these cases is unique. Each household has different needs, and we will continue to do our best to meet them.