Thursday, October 15, 2026, 10 a.m. (Boston time), Boston City Hall, 1 City Hall Square, Boston, MA 02201
Hearing on Docket #0807
Committee: Government Operations Committee
The Government Operations Committee held a virtual hearing on docket 0807, an ordinance sponsored by Councilors Brian Worrell and Erin Murphy to address potholes on private ways, which would add asphalt to the temporary repairs city crews may make and have the city fill private-way potholes rather than closing out 311 cases. Superintendent of Street Operations Daniel Nee explained that state law bars spending public funds on private property, that crews currently patch private ways only when needed for emergency vehicle or trash truck access, and that only four streets have gone through the betterment process to become public ways in the past 15 years. Councilors raised questions about cost, drainage, ADA requirements, staffing and liability, and Superintendent Nee estimated that bringing all private ways up to city standards would cost hundreds of millions of dollars. Six residents testified, all describing problems on private ways and most supporting the ordinance as a first step. No vote was taken, and the sponsor said he looks forward to a working session.
6:01 operations.
6:04 today is OCTOBER 15th 2026
6:06 and the exact time is 1006.
6:08 In accordance with chapter two
6:10 of the act of 2025 modifying
6:11 certain requirements of the
6:12 open meeting law and relieving
6:13 public bodies of certain
6:14 requirements including the
6:16 requirement that public bodies
6:17 conduct its meetings in a
6:18 public place that is open and
6:19 physically accessible to the
6:19 public.
6:21 The city council will be
6:21 conducting this hearing
6:22 virtually via zoom.
6:24 This hearing is being recorded
6:25 and it is also being live
6:28 streamed at boston.Gov/city
6:29 council dash tv and broadcast
6:31 on xfinity channel eight, rcn
6:33 channel 82 and fios channel 964
6:33 .
6:35 Written comments MAY be sent to
6:38 cagle@boston.Gov.
6:38 the committee email at
6:40 And will be made part of the
6:41 record and available to all
6:41 councilors.
6:43 Public testimony will be taken
6:44 at the end of this hearing.
6:46 Individuals will be called on
6:47 in order in which they signed
6:48 up and will have two minutes to
6:49 testify.
6:50 If you wish to sign up for
6:52 public testimony and have not
6:53 done so, please email our
6:55 central staff liaison megan
6:56 cavanaugh at nega.
7:03 And energy@boston.Gov for the
7:04 zoom link in your name will be
7:05 added to the list.
7:07 Just as a heads up for central
7:09 staff we do have two
7:11 prerecorded public testimony
7:14 videos that we have to play.
7:17 If we can play those before we
7:18 do public testimony I think
7:19 that would be good.
7:20 Um okay so today's hearing is
7:24 on docket 0807 an ordinance to
7:26 address private way potholes.
7:28 This matter was sponsored by
7:30 councilors brian worrell and
7:31 aaron murphy and was referred
7:33 to the committee on APRIL 15th,
7:33 2026.
7:35 Today I am joined by my
7:37 colleagues in order of arrival
7:38 councilor flynn
7:39 council louijeune and
7:39 council as well.
7:43 But for now before we go to um
7:47 the the panel uh all right,
7:48 city admin excuse me our
7:49 superintendent of street
7:50 operations daniel nee I'll go
7:52 to the lead sponsor for any
7:53 opening remarks you MAY have.
7:54 Uh, council oral you have the
7:55 floor.
7:55 Uh thank you.
7:56 Chair.
7:57 Thank you very much for being
7:57 here.
7:59 Uh, good to see you,
7:59 superintendent.
8:00 Me?
8:01 Uh, thank you for your service
8:03 to the city of boston and all,
8:06 um, of the people who work uh
8:08 individuals who work um,
8:09 alongside of you.
8:12 Uh, this is something that I
8:13 know a lot of other councilors
8:17 ,um, have, uh, brought up
8:19 around how do we get more
8:21 services and resources to help
8:23 those residents who are living
8:25 on private waves?
8:28 Uh, a lot of residents buy into
8:30 private ways not knowing that
8:32 they're responsible not only
8:35 for the resurfacing of the
8:37 streets, sidewalks but
8:38 everything else on the ground
8:40 and bringing it up to code uh,
8:42 which could include street
8:43 lights.
8:47 Um, and that cost can be up to
8:50 um, six figures um for
8:50 residents.
8:52 So we really are trying to find
8:54 ways on how to make these roads
8:57 that are used by more than the
8:58 individuals that we live on the
8:59 street.
9:00 Um.
9:04 Easier to use um and resurface
9:06 and bring them a little bit
9:07 more relief, uh, to their
9:08 private ways.
9:10 I know that currently there is
9:12 a city code that says that you
9:13 know, we could do some
9:14 patchwork.
9:18 Um, this point it just aims to
9:20 add uh, the word asphalt uh,
9:24 into that um um um, temporary
9:25 fix that city employees can
9:26 currently do.
9:28 But I will also be looking to
9:31 see if asphalt is the most cost
9:33 effective way knowing that
9:35 these potholes will come back
9:37 up to be resurfaced year over
9:38 year.
9:40 So I'd love to uh, you know,
9:43 have everyone thoughts I know a
9:45 conversation around the consent
9:46 decree just got brought to me.
9:49 So just looking forward to
9:51 bringing, um everyone start
9:52 together to see what kind
9:54 of relief we could do here on a
9:56 city level to residents who
10:00 are, um, being played with
10:01 streets that have not been
10:03 fixed um, for years.
10:04 Uh, so thank you chair.
10:06 Thank you to everyone who has
10:06 been here.
10:08 And you guys.
10:09 All councilor flynn, you have
10:09 the floor.
10:18 But thank you, MADAM Chair.
10:19 Thank you to.
10:21 councilor worrell for bringing
10:24 this forward critical issue
10:26 quality of life issue.
10:29 These are the issues that we
10:31 should be focusing on
10:33 especially on the city
10:35 council its um quality of life
10:36 basic city services.
10:39 I'm also working with chinatown
10:41 residents on although it's
10:44 somewhat on an unrelated but
10:45 it's more of a water and sewer
10:47 issue and chinatown as it
10:50 relates to um, private alleys.
10:52 But these are important issues
10:54 as it relates to making sure we
10:57 fix um, potholes, provide um,
10:59 basic city services the best we
10:59 can.
11:01 Um thank you council overall
11:03 for bringing this forward and
11:05 um looking forward to the
11:06 discussion.
11:07 Thank you everybody.
11:08 Thank you councilor flynn.
11:09 Councilor louijeune.
11:12 Good morning MADAM Chair and
11:14 good morning to everyone.
11:15 Thank you to council out for
11:16 this filing.
11:17 We've had a lot
11:18 of conversations about private
11:18 ways.
11:20 We've had them here in hyde
11:20 park.
11:21 So just looking forward to the
11:22 conversation to see what
11:24 of steps can actually be done.
11:25 I know that there's been a lot
11:26 of back and forth in terms
11:27 of like what's possible is not
11:28 possible, especially when there
11:30 are drainage issues.
11:31 Looking forward to the
11:31 conversation.
11:31 Thank you.
11:35 we've been joined by
11:35 councilor fitzgerald
11:36 councilor sheldon for.
11:39 thank you chair and thank you
11:39 to council.
11:42 Uh, a lot of, uh, alleyways and
11:43 private ways on the south end
11:44 and we get this every so often.
11:45 So, uh.
11:46 Looking forward to.
11:47 Learn what can be done and how
11:48 we can change it in the future.
11:49 Uh, appreciate it coming
11:50 forward.
11:50 Thank you.
11:50 Chair.
11:52 Thank you.
11:53 I just want to thank the the
11:54 filer as well.
11:55 I look forward to this
11:56 conversation I had you just
11:58 have and obviously I love the
11:59 idea of this I have some
12:01 questions about the gallery and
12:03 ownership and liability.
12:04 So um.
12:06 Look forward to the discussion
12:07 and and seeing how we can make
12:07 this a reality.
12:09 Charlestown in particular is
12:11 just at the a lot of private
12:13 ways that were horse carriage
12:17 um that uh whole um uh just
12:19 avenues I guess I don't even
12:20 know the right word for it but
12:21 just where we're dealing with
12:22 this in charlestown and east
12:24 boston and um, look forward to
12:25 understanding how we can make
12:26 this a reality.
12:27 But for now we'll go to
12:28 superintendent lee for any
12:29 opening remarks he MAY have and
12:30 then we'll go to questions.
12:32 So, um, daniel, you have the
12:33 floor.
12:34 Thank you councilors.
12:37 Uh, happy to be here today to
12:38 answer any questions.
12:40 Um, regarding uh.
12:42 Uh.
12:43 private ways to the best
12:47 of my ability um, as a private
12:49 way resident um, since.
12:51 1978 I feel a lot of the pain
12:54 going on, but, um, have a ton
12:56 of information in front of me.
12:57 Happy to answer any questions
12:57 that you guys MAY have.
13:00 Thank you so much.
13:00 And just a.
13:01 quick question.
13:03 Are you, um on the pick?
13:05 I am not no.
13:05 Okay.
13:06 all right.
13:07 I just wanted to see because I
13:08 think a lot.
13:09 of questions that I have MAY
13:11 involve the pick but yeah I
13:11 did.
13:13 I did about four hours
13:14 of prep with the pick yesterday
13:14 so.
13:15 Okay great.
13:16 Great.
13:17 I'm not an expert.
13:18 I have newfound knowledge that
13:20 I'm willing to share.
13:21 Okay great.
13:22 All right.
13:22 um.
13:24 so we'll just go to.
13:26 the lead sponsor for um,
13:27 questions and we'll do six.
13:28 minutes of questions for
13:28 each.
13:31 When, um, I put my hand up.
13:33 minute.
13:33 That's where you have one
13:33 Um, but for now I'll just.
13:34 go.
13:35 To councilor worrell.
13:39 Thank you.
13:39 Chair.
13:40 Um thank.
13:41 you superintendent.
13:43 Any new questions currently
13:44 right now.
13:45 what type of temporary
13:46 repairs?
13:48 What any repairs do we
13:48 currently.
13:49 Do on private works?
13:53 Um, so temporary repairs it
13:54 usually gets listed as a
13:54 pothole.
13:55 Um.
13:58 It you know, I think internally
13:59 we separate potholes from
14:00 roadway defects.
14:02 defect.
14:02 Pothole is a type of a roadway
14:04 But, um, as you guys know, your
14:06 offices reach out to us and
14:07 we're able to go out.
14:10 Um, we tend to use asphalt.
14:12 Uh, we tend to use like, uh,
14:12 materials.
14:14 So if it's an asphalt private
14:16 way we will use asphalt.
14:18 Um uh other places if it's
14:20 gravel we will use gravel or
14:22 um, you know, uh, cleaned
14:24 mailings from when we resurface
14:26 you take the um the asphalt
14:28 that has been removed and they
14:29 ,you know, screed it and take
14:30 out larger chunks and we can
14:34 use that, um, you know, try to
14:35 match like material existing
14:35 material.
14:36 Got it.
14:38 and I know, uh, this
14:41 ordinance is calling for, you
14:42 know, filling the potholes.
14:45 Um, I've talked to a few
14:49 different, um, uh, employees
14:51 from public works and you know,
14:52 they're you know, some people
14:53 are saying well, you know,
14:55 we'll have to refill the
14:57 potholes every other year,
14:58 right?
14:59 Um, what what is your thought
15:03 around filling that pothole
15:05 versus resurfacing the street
15:05 just altogether?
15:09 So on city street resurfacing
15:11 is the much better option,
15:11 right?
15:13 Um, typically there's an
15:14 underlying problem that's
15:16 causing the pothole or roadway
15:16 defects.
15:16 Um.
15:19 as it pertains to private
15:21 ways where there has been, you
15:23 know, minimal maintenance
15:24 throughout the years.
15:27 Um, you know, water is the
15:28 number one source, the number
15:29 one problem, uh, where there's
15:31 any type of drainage or runoff
15:33 um, lack of catch basins on
15:37 private ways, um, you know, and
15:39 whoever you spoke to was was
15:39 100% right.
15:40 You know, there's the there's
15:42 the list of alleys that we hit
15:43 kind of every year and the same
15:44 ones the same spots.
15:46 Um, you know, residents aren't
15:48 happy with just a band-aid
15:50 repair but that's you know,
15:51 unfortunately, uh, there is a
15:53 state law um, I know
15:54 councilor apologist uh,
15:55 referred to it but there is a
15:58 state law that, uh, prohibits
15:59 us from using public funds on
16:01 private property and
16:03 technically, uh, private way is
16:03 private property.
16:06 However, in the interest
16:08 of public safety, um, you know,
16:11 we we will GOD forbid we
16:12 wouldn't want a ladder truck or
16:13 an ambulance to not be able to
16:15 get somewhere because of, you
16:17 know, um, bad roadways.
16:18 So that's the.
16:19 Uh.
16:22 how we feel comfortable
16:24 potentially actually breaking a
16:25 law and doing repairs.
16:28 Um, you know, I'm happy to, uh
16:30 ,be arrested for that at some
16:31 point if need be, but you know.
16:35 Ideally we would want
16:37 resurfacing a full record
16:38 of all these you know, these
16:39 roadways haven't been touched,
16:41 you know, since the 1800s.
16:43 Um, ideally you would like to
16:45 have full reconstruction.
16:47 But again it's private property
16:50 so that's where we that that's
16:51 where the the issue lies.
16:52 Got it.
16:54 and I mean I've received.
16:57 Uh a lot of uh emails and heard
16:59 a lot of complaints uh from
17:01 residents when residents.
17:02 If they were to.
17:03 And correct me if I'm wrong if
17:06 they were to resurface the
17:08 street then they have to do not
17:10 only resurfacing on the street
17:12 but bringing that street up to
17:12 code.
17:16 So I think so that's part
17:18 of that uh bringing it up to
17:19 code that's part of the pick
17:20 the pike betterment process.
17:22 Um and we will be sending a
17:24 link out um daily we'll be
17:26 .
17:26 sending a link out to everybody
17:27 I'm sure you have it already.
17:30 Um, but that's if residents you
17:32 majority of residents would
17:32 know and I would have to be a
17:33 have to be a vote.
17:34 You know, multiple meetings
17:35 would have to go on but that
17:37 would be um for the city to
17:38 take over ownership and
17:40 basically to make it from a
17:41 private way to a public way,
17:42 they would have to bring the
17:44 street up from its current
17:47 conditions into, you know, city
17:49 specs, um, you know, fully
17:51 accessible sidewalks, you know,
17:53 50, you know, 53 53ft of of
17:56 of width right which now we're
17:57 talking problems here on a lot
17:59 of these alleys, um, you know,
18:01 accessible sidewalks, um,
18:02 drainage lighting would have to
18:03 be addressed.
18:05 water and sewer has their own
18:07 set of better betterment, uh,
18:07 regulations.
18:11 Um, you know, if uh if the
18:12 abutters got together and just
18:13 wanted to resurface it, you
18:15 know, that'd be less costly for
18:15 them.
18:16 Um.
18:18 but we wouldn't be able to
18:19 take it over as a public way
18:21 unless that criteria is met.
18:24 Right.
18:24 um.
18:25 and I.
18:26 Guess I'm of the.
18:28 Mindset that most.
18:29 of these streets.
18:31 Are leading to other main
18:32 thoroughfares or coming off a
18:34 major thoroughfare like the.
18:35 word private.
18:38 Um for me doesn't.
18:39 Mean that.
18:40 You can't.
18:42 You know.
18:43 the public can't use the
18:43 street.
18:45 So I feel like that all public
18:47 roads anyway, um and I am
18:48 of the mindset that the city
18:51 should, um, all streets and
18:52 sidewalks uh, I know that the
18:54 cost, um, is something that
18:56 I've always heard constant
18:57 pushback from.
19:01 Um, but, uh, I'm hoping that
19:02 through this conversation at
19:05 least um, whether it's a public
19:06 safety issue, whether it's a
19:08 pedestrian safety issue because
19:10 we have residents, you know,
19:10 walking.
19:11 down the.
19:11 Street.
19:13 um, that we can try to find
19:16 a way on how to make at least
19:19 surfaces um, even um and
19:22 pedestrian uh uh friendly and
19:22 safe.
19:26 um, so you mentioned the public
19:27 safety aspect of it.
19:29 Uh, what.
19:30 What is what is that threshold.
19:32 like when would you know
19:33 public works jump in and say
19:36 hey this this this needs some
19:36 attention.
19:39 So typically we'll get either a
19:42 case via 311 or from city
19:43 counselors office or.
19:43 From the.
19:45 the fifth floor owners will
19:46 flag an issue that's been
19:48 raised to them and we'll go
19:48 take a look at it.
19:52 Um you know if it's a rim
19:52 buster or something that's
19:54 really bad, we'll go fix it.
19:55 Um, you know, use temporary
19:56 patch.
19:57 Uh, we'll catch it temporarily.
19:57 Right.