Ellsworth council hears residents on Bray Drive utilities; no immediate city fix, item returned to March agenda

Residents of Bray Drive urged the Ellsworth City Council to help fix a persistent water leak on their private street, arguing the subdivision was built with the expectation it would become a public road and that residents have paid city water and sewer bills for decades.

City Manager Charlie Pierce said city staff had reviewed the situation and determined Bray Drive is a private road and that, under current rules and Public Utilities Commission oversight, the city is generally prohibited from using taxpayer funds to repair private-road infrastructure. "It was determined that Bray Drive is a private road. As such, the city is legally prohibited, from using taxpayer funds to repair the infrastructure, including the water lines within the private roadways," Pierce said.

Public Works Director Mike Harris said the leak was not yet an emergency but cautioned that a repair could be more complicated than it appears: he said the pipe material is unknown, there is ledge and a utility pole near the leak and that a localized patch could disclose conditions requiring more extensive work. Harris estimated that bringing the road fully to modern city standards would be expensive — "somewhere around 800 hundred thousand dollars," he said — and explained that a city takeover of the road would likely require formal assessments and resident agreement.

Residents described the street's history, maintenance and community role. Jack Frost provided a 1949 subdivision plan he said supported the view that Ray Builders intended Bray Drive to be taken as a town road after build-out; other residents said they had not been told at purchase that the road's legal status could leave them responsible for major repairs. Adam Gibson and Lauren Gibson described community uses — Halloween foot traffic and recreation — and urged a collaborative solution. Several residents said a local contractor had given a one-time estimate of roughly $5,000 for a patch.

Councilors and staff discussed available options: (1) do nothing and require residents to fund repairs through a homeowners' organization; (2) have the city undertake a one-time emergency repair if the leak becomes critical and then bill the residents; (3) pursue a special-assessment approach in which residents agree to pay part of bringing the road up to city standards and the city bonds the work; or (4) consider an administrative exemption — a limited one-time payment — recognizing the unique history but accepting the risk of precedent for other private roads.

No formal action was taken. The council asked staff to search archives for records documenting prior council decisions about Bray Drive, to provide comparators (such as Argonne Drive and Holt Drive), and to return with a fuller set of options at the March meeting. Several councilors and residents said they would explore forming a formal homeowners association to consolidate any required payments and maintenance plans.