Committee Report CR-3
The Public Safety Committee held a public hearing on Tuesday, November 17, 2015 beginning at 5:30 P.M. in the Sullivan Chamber.
Present at the hearing were Councillor Craig Kelley, Chair of the Committee, Councillor Dennis J. Carlone, Councillor E. Denise Simmons, Councillor Timothy J. Toomey, Jr.
John Fitzgerald, Public Works, Kari Sasportas, Cambridge Health Alliance, James Comer, Cambridge Housing Authority and City Clerk Donna P. Lopez.
Councillor Kelley convened the hearing and explained the purpose. He stated that the hearing is being privately recorded and videotaped. He distributed a list of issues that should be discussed after his presentation
. He stated that rats will not go away and that the issue at hand is how to live with rats and minimize their presence. He stated that rats are a common problem throughout the City, to include North Cambridge where the issues that precipitated this meeting took place. Dumpster Alley is an area in North Cambridge where the rat problem is severe. The totes and dumpsters in the alley, behind a number of restaurants and businesses, are not properly closed and have maintenance concerns. Retaining walls for nearby properties are being damaged by the rats. He showed rat dirt and burrows. There is a problem with the way that the trash is handled. He showed a recycling container in Gold Star Park as an example that trash management problems are not limited to dumpsters. Squirrels and skunks may be considered pests by people but they are covered by the definition of wildlife and thus protected by state law but rats are not defined as wildlife and thus lack such protection. It does not take much for a rat to live on in terms of food, water or shelter. He showed the Margaret Fuller House which had a large rat infestation and caused much damage to the foundations of building. He stated that there are rat problems in East Cambridge and The Port (Area IV) as well, noting that rats are here to stay. He showed trash containers on Mass. Avenue and showed a rodent siting map which showed all rat sightings for the last three years and clearly showed that rats are an issue throughout all of Cambridge, though some areas have more rat issues than others. Rats and trash management are not only in Cambridge. He showed an area in Connecticut. There is no easy answers to rats. He spoke of high quality trash containers may help to address the rodent problem but emphasized that there is no superhero action that will eliminate rats.
He moved to his communication for discussion. He spoke about the Dudley Street rodent issue. He asked all to introduce themselves. He would rather this be a conversation and to have a rat management program.
Councillor Carlone told of an issue with rats when he had seen a rats get flooded and what came out surprised him in terms of how big the rats were. Rats came here from ships from Norway.
Jen Bash lives at 14 Dudley Street where the rats are seen multiple times per week. She has paid $1,500 for pest control abatement for rats.
Young Kim, 17 Norris Street, stated that the back of his house abuts Ms. Bash's house. He spoke about the damage done to his foundation from the snow and rats. His contractor found a skunk in his basement and it was taken to the vet by an animal control officer. He spoke about another issue on Norris Street where a property owner does not handle the trash correctly.
John Fitzgerald stated that he oversees the trash crews and enforcement of trash put out for pickup on the public way. More enforcement has been done on Dudley Street given recent rat concerns but generally each pickup area is broken into four quadrants with each quadrant reviewed for compliance once a month.
John Hawkinson stated that he has tried to report rat situations to ISD. He stated that he has given up reporting issues to ISD. He stated that the city needs to do more.
Councillor Kelley stated that he had addresses for those who filed a rodent complaint via CRS. He wanted to understand the response from these complaints. He wanted to do a survey of people who filed rodent complaints to determine whether the city response worked well but needed to check with City staff to determine whether that would be appropriate.
Councillor Kelley stated that he put a list of rat-related issues together for discussion. He asked Mr. Nardone if he felt that there is enough authority in the regulations. This is an opportunity to change the City ordinance. Mr. Nardone spoke about enforcement on public property from a DPW perspective. He stated that the Public Works Department enforces the regulations on public property. He stated that barrels on sidewalk with open lids is enforced by Public Works. There are 2 sanitary officers employed by City. In 2009 a dumpster ordinance was ordained. The city has the ability to charge a fine of $300. Mr. Nardone explained that on private property ISD enforces the regulations. A dumpster permit is issued by ISD. He further stated that ISD also enforces the State Sanitary Code. He stated that ISD has been working on the Dudley Street issue. Councillor Kelley asked if Public Works sees the need to change the ordinance. Mr. Nardone stated that the ordinance has teeth and can issue fines and that he did not think a change was needed from DPW's perspective. Ms. Bash asked about large building that have trash; is this private property. Mr. Nardone responded in the affirmative. Ms. Bash asked how the trash being put out is enforced. Mr. Fitzgerald stated that the workers go out and inspect the location. He explained that Dudley Street has been inspected. Ms. Bash stated that she received a ticket for trash in error and asked how often does this happen. She stated that it was only a warning. Mr. Fitzgerald stated that this is a common problem and it is a judgment call. Mr. Nardone stated that the Public Works Department does not target any specific property and there can be confusion about who is responsible for putting out trash improperly.
Councillor Carlone spoke about problems with a rat infested house in Cambridge but nothing could be done. Rats were found and nothing could be done. Something is not right with this situation. He stated that when it comes to health of the public this should be addressed. Mr. Nardone stated that this starts with ISD and getting the property owner to do the right thing. He spoke about placing a lien against the property. The city-wide rodent contact allows the City to go onto private property and abate the property. If it is severe Public Works would get a waiver from the owner to abate the property. He stated that 4 properties have signed up and their properties will be bated. He stated that the Dudley Street residents are doing the right thing. Ms. Bash commented that some residents are doing the right thing but not everyone is. Mr. Nardone stated that the bating is limited to severe situations and then the responsibility would be turned over to the property owner to maintain once the situation was brought under control.
Mr. Hawkinson stated that he is upset that no one from ISD is here. He questioned how effective is the fines. He reported the problem to ISD and tried to work with the property owner and nothing happened.
Mr. Nardone stated that Public Works and ISD have the tools with the Sanitary Code. It is about getting rid of the rats but there is a process that has to be followed. Councillor Carlone spoke about the lack of the follow through by the City. He stated that a rat is a situation that is different from parking in a space without paying the meter. He stated that the City did not address the rodent issue for a year but no one can park illegally very long without getting ticket.
Mr. Kim stated that he could not report a problem with trash for immediate resolution because it was after normal working hours; it was taken care of the next day but should have been addressed earlier. Mr. Nardone gave the following telephone number to report rodent problems or other DPW issues after regular working hours; it is 349-4800 and is manned 24/7.
Councillor Kelley stated that the Dudley Street residents interacted with all the city departments. He asked about the jurisdiction authority. Mr. Nardone stated that Public Works enforces complaints on public property; ISD enforces private property issues. Ms. Sasportas stated that the Health Department can enforce the Housing and Food codes which is under the Sanitary Code. The Health Department can help but does not have enforcement issues. She stated that the Housing Code covers infestation on private property. Councillor Kelley wondered how from a dumpster standpoint issues could be addressed faster. Mr. Nardone noted that ISD has jurisdiction to go onto property to resolve the issues. Councillor Kelley asked who should be fined for the dumpster - the property owner or the restaurant owner. Mr. Nardone responded that the license holder will be charged. Councillor Kelley added that the fence allowed the rats access to the dumpster in Dumpster Alley and that he thought ISD was going to work to get it replaced and the Alley power washed. Mr. Nardone if the fence is okay from a structural standpoint there is no violation. Councillor Kelley stated that dumpsters are difficult to manage to keep pests out of; they are not air tight containers.
Councillor Kelley asked what can be done better with follow through. He stated that there should be a zero tolerance for open dumpsters when there is clearly a rodent problem. Ms. Bash stated that she took pictures for 2 months before ISD issued a fine. She was disappointed that there was no representative from ISD at the hearing. The offenders were fined pennies compared to what the cost was to the responsible property owners for abatement.
Councillor Carlone spoke about a creative solution with the License Commission. The restaurant was closed for one week for making stairs slippery which was caught on camera. Councillor Kelley stated that when the dumpster was cited it went before the License Commission and the solution was to threaten to revoke all 250 dumpster permits from the offenders unless action was taken on two dumpsters cited for maintenance issues. Councillor Kelley stated that the City gives the owner of the broken overfilled dumpster another chance again and again which leaves citizens thinking that nothing is being done. Mr. Nardone stated that the dumpster license is issued from ISD and the hearing was held at the License Commission. Councillor Kelley noted that all are confused about who is responsible for what and that it would have been useful for ISD to have a representative at the meeting to address some of these issues. Mr. Kim asked why the city cannot take the dumpster away if it is affecting the health of the residents; it could be revoked or the dumpster could be towed.
Ms. Bash began recording rodent siting in September. She stated that she has reported 6 rodent sightings and only one was reported with the follow through. She reported graffiti and it was gone within a week. She wanted this same response and follow through for rodents. Councilor Kelley noted that he was hoping to get a better understanding of how effective citizens thought the City's follow-through was by writing people who had filed complaints and conducting an on-line survey. Councilor Kelley also noted that, while the situation in Dumpster Alley was very troubling, there were lots of other places in the area where a rat could find food, water and harborage so it was not fair to blame the entire rat problem on the people responsible for Dumpster Alley.
Councillor Simmons asked how does open data interface with the rodent reporting. Mr. Nardone stated ISD has been using Energov which includes sightings. Councillor Simmons stated that remedies could also be seen on the open data. This is an opportunity to track sightings and remedies. Councillor Kelley stated that enforcement authority is still unclear. He stated that there are many places where rats can get food and the jurisdictional authority to enforce related issues is still unclear.
Mr. Nardone stated that Public Works manages the trash on the day of collection. People are responsible for their own trash for the 6 days it is on their property. He stated that Dumpster Alley is a problem; this is about managing trash. Mr. Nardone stated again that private property is the authority of ISD and they will inspect and will work to clean things up and issue fines. He explained that there is a legal process. The License Commission has authority for restaurants. Clarity is needed.
Councillor Carlone stated that a dumpster goes on the public sidewalk and is designed to go on both public and private property. He stated that the system is not working as it is now. He stated that people are unhappy with the current situation. He wanted to expand who is responsible.
Mr. Kim stated with all the jurisdictional issues how does the property owner know who to call. Why does it take so long and take the residents to badger the city offices for resolution. Ms. Sasportas stated that state regulations have due process built into them and it can take time.
Ms. Bash asked if the catch basins will be baited on Dudley Street. Mr. Fitzgerald explained the process that the City has followed where 5 locations were baited. He stated that three locations showed rodent activity and the follow up in November showed that these three locations showed no rodent activity. Mr. Kim stated that if you question 5 pest control companies you will get 5 different answers. Ms. Bash asked that the Public Works clean up the area around the trash receptacles in North Cambridge and East Cambridge. Mr. Nardone stated that the city has 2 power washing trucks that could work on this issue. Ms. Bash asked if the violations could be reported on the iReport. Mr. Nardone stated that he would look into this. Mr. Fitzgerald suggested calling Public Works at the number given by Mr. Nardone.
Councillor Carlone noted that in difficult neighborhoods pictures are posted and the word gets out about the problematic residents. Are there any statistics of the state of the art procedures that could be implemented? Mr. Nardone stated that Public Works is using all the common tools that are available. It is about spreading the word; this is a city-wide issue. He stated that the big belly receptacles helped the problem in Central Square.