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Bray Drive residents press council over long-running private-road water leak; council to research options
Summary
Residents of Bray Drive urged the council to accept their street as a city way or force the developer that built it, Ray Builders, to repair a persistent water main leak. Council asked staff to research legal ownership and return with options at the June meeting.
Residents of Bray Drive told the Ellsworth City Council on Tuesday they have been living under an unsettled 50-year property and utilities ownership dispute and urged the city to accept the street as a public way or compel the developer to repair a leaking main line.
Adam Gibson, who identified himself as a nominated spokesperson for the neighborhood, presented a history dating to 1976, saying Ray Builders constructed Bray Drive with the expectation it would become a public street but that prior councils declined acceptance. Gibson said documents supplied recently by the city indicate Ray Builders may still own the road and utilities, and residents have been assessed or charged varying hookup fees in past cases.
Residents described a fall 2024 discovery of a water leak near 16 Bray Drive. They said they were told by the city the utility is private and the city would not perform repairs that would use its water department staff because Public Utilities Commission rules bar city crews from working on private mains. Councilors and staff agreed the situation is complex: if the leak becomes a system emergency, the city may respond then attempt to recover costs from an owner; otherwise, private ownership complicates compulsion to repair.
City Manager Charlie Pierce said he would research the ownership records and legal options, including confirming whether Ray Builders remains the owner, consult city legal counsel and the Public Utilities Commission, and return findings. Pierce said one operational option would be to authorize a limited expenditure (he cited up to $5,000 as an illustrative cap during the meeting) to make an immediate, non-PUC staff repair if the council chooses that route, but stressed that doing so could create a precedent about repairing private roads. Councilors asked that the Bray Drive matter be added to the June agenda as 'discussion and potential action' so residents have a clear timeline for next steps.
Residents said they prefer the city acceptance route but also asked the council to outline a plan to force Ray Builders, as the apparent owner, to address the leak if ownership is confirmed.
