Government Operations Committee

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

Video of the meeting

On the agenda

Documents

Summary

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.

Transcript

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.