HELD HOSTAGE:
Some in Southwest Harbor Worry State's Terms on Seawall Road Repair Place Them In Untenable Situation
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SOUTHWEST HARBOR—Even as some town officials felt that the town was being held hostage to state-controlled terms, the Southwest Harbor Select Board Tuesday night told Town Manger Karen Reddersen yes, go ahead and talk to the Maine Department of Transportation (MaineDOT) about a possible cost share for the much loved Seawall Road, a road that goes along the water and was destroyed in winter storms last January.
As proposed, that share would see Acadia National Park and Southwest Harbor paying 33% of the costs for future repairs and MaineDot would pay for 34%.
MaineDOT Deputy Commissioner Dale Doughty outlined the state’s plans earlier this year in a letter to Marilyn Lowell, Southwest Harbor’s former town manager.
“To prepare for the likelihood that this road will be damaged again, over the 2024 winter,” Doughty wrote, “Maine DOT will enter into an agreement with the town of Southwest Harbor and the National Park Service that will confirm a joint partnership to address damage from future storm events beyond the 2025 repair.”
The state has also previously written to the town that it would give the road permanent repairs in spring 2025.
This summer, after months of closure, the state agreed to let local businesses voluntarily do a temporary fix to get the road—beloved by MDI residents and tourists—back in working order. Those fixes to the looping road which joins Southwest Harbor to Tremont and also to Acadia National Park’s Seawall Campground, Ship Harbor trail, and Wonderland trail are considered temporary.
Now, the MaineDOT looks to have a memorandum of understanding that could potentially determine the road’s repairs in the future and its future, itself.
“So for me, these are two very separate topics. I personally don't feel that usually entering into with them in regards to that project in regards to future projects until the current one is fixed,” said Vice Chair Natasha Johnson. “Within a month, we are going to be a year out from when that road is damaged and we still don't have it fixed. I think it's absolutely inappropriate to have the discussion about entering into an MOU with them about that.”
Johnson and others worried that the DOT’s upcoming spring fix could potentially be contingent on the as-of-yet unsigned MOU that would commit the town to one-third of future repairs, to be invoiced by the state in the April following the repairs.
The time the town has to respond also has a ticking-clock element imposed by the state agency.
An email from MaineDOT Planning Director Jennifer Grant to Reddersen reads, “As a follow-up action item from our November 25, 2024 discussion, MaineDOT has provided a draft term sheet for your review and consideration. It is MaineDOT’s understanding, based on our discussion during the November 25 meeting, that it is unlikely we will be able to come to a general agreement on terms or even execute a three-party agreement by January 1, 2024. If that is indeed the case, MaineDOT would appreciate confirmation of this acknowledgement from both parties (by Friday 12/13/2024), as it may delay planned improvements to Seawall Road in 2025 as outlined in both the July 2024 and October 2024 letters.”
However, in July, Doughty wrote in that letter to Lowell, “MaineDOT will provide a full repair of the road in the spring of 2025 with additional resiliency features.”
That draft term sheet specifies that the MaineDOT will repair and rehabilitate the Seawall Road “if and only if all parties reach a multiparty agreement for cost sharing future repairs that exceed routine capital maintenance.”
Board member Jim Vallette suggested that the town look to state senators and representatives for advocacy. The term sheet’s preamble reads “after possible spring 2025 reconstruction,” which seems to indicate a potential for the road to not be reconstructed by the state.
“It seems like we could use some help in dealing with the state,” Vallette suggested.
Reddersen wrote to the board in her meeting memo, “MaineDOT has asked that the Town and Acadia National Park Service begin to explore the option of entering into a Memorandum of Understanding (MOU) regarding potential cost share for future storm damage after the planned structural improvement project scheduled for Spring of 2025. MaineDOT intends to continue general maintenance of this road, but would look to the above noted partners to cost-share for future catastrophic road failure due to storm damage. This potential MOU would have a non-binding clause for all parties so that each would have the opportunity to make a determination to contribute at a future date, depending on funding availability and other factors.”
The state has expressed concerns that the road will continue to be vulnerable to storm surges and king tides and the cost to repair the road and the potential toll to the environment.
Board member Noah Burby said that possibly the road could be reclassified as a primary route, which would make it more of a priority to the state. He reasoned that if the road (State Highway 102A) was made part of State Highway 102, it could all be a loop and considered more essential.
There has also been talk about the state abandoning or decommissioning the road, which would mean it would then revert to abutters and/or Acadia National Park and Southwest Harbor.
“So that does essentially hold the project hostage. That is what they're saying,” said Johnson.
The MOU is proposed for 20 years and allows 90-day termination when agreed on by the parties involved. The draft terms read, “Southwest Harbor may terminate by mutual agreement with 90 days’ notice.”
Kenneth Rozsahegyi suggested talking to Lee Worcester (the town’s appointee to the Acadia Advisory Commission) to discuss the issues at that level. The group is an advisory group to Acadia National Park and does not meet until February. The board also put the item up for future discussion at its own meetings and gave Reddersen approval to discuss a potential MOU if the MDOT’s approved of changing the road into State Highway 102.
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This is just so wrong. People and companies of MDI and others fixed the road after the State refused after the storm. Now they expect local citizens to pay 33% to rebuild and for future repairs of a state-owned road. When is this type of crap going to end. This island pays more in sales tax than any other place in Maine, yet MDI gets less state funding than any other place in Maine. Just look at how much the state is funding BH's much needed new school. We the people pay our share to the state and the state needs to pay for state government responsibly such as fixing their own damn roads.