Oped Rebuttal

As has so often been the case when opponents of the Brunswick layover facility express their views on the Northern New England Passenger Rail Authority (NNEPRA), Sen. Stan Gerzofsky’s recent guest column to this paper is incomplete, inaccurate and misleading. The report he references in his letter was issued not by the Government Affairs Committee, but, instead, by the Office of Program Evaluation & Government Accountability (OPEGA). The Committee continues to consider the OPEGA report and what, if any, action it should take in response to that document will be determined at a November 17, 2016 Committee meeting.

Senator Gerzofksy also indicates that the OPEGA report recommends that NNEPRA improve its communications with the public. He fails to note, however, that this suggestion extends beyond NNEPRA to both the Legislature and the Maine Department of Transportation (MDOT). The report did not point to any specific shortcomings of NNEPRA in this regard. To the contrary, in an initial report OPEGA stated that it did not find that NNEPRA mismanagement or lack of transparency were “areas of high risk at this time that lead us to recommend further review of any of these functions.”

The Senator also complains that NNEPRA did not properly involve the public in the process leading up to the now completed construction of the layover facility in Brunswick. This ignores the 16 public meetings which NNEPRA held on that project during the period from April 21, 2011 through July 23, 2013. A few of these meeting were held at the Senator’s request with the willing agreement of NNEPRA. Most, however, were held as a result of NNEPRA’s efforts to involve the public in this process. The Senator also ignores NNEPRA’s formation of an advisory group to facilitate community involvement on the facility’s design, as well as the numerous hearings held before the DEP and the BEP for issuance of the only State permit required for construction and operation of the facility. Senator Gerzofsky’s problem with this project could not possibly be that the public was not involved, but only that he disagrees with NNEPRA’s conclusions, conclusions which were supported by three separate state and federal agencies, as well as a report by an outside engineering firm, which each examined the issues. He also ignores the vast majority of those living in the immediate area around the chosen site who supported the project.

While the Senator’s column contains several other misleading statements, perhaps its most severe shortcoming is its failure to mention that OPEGA’s initial report stated that it had not “identified any potential concerns or high risk conditions that lead us to definitely recommend further review” of any NNEPRA functions which are “key to providing the most effective and efficient passenger rail service possible”. This is to be expected, since, despite the Senator’s statements to the contrary, NNEPRA has, throughout its existence, been audited by the Federal Railroad Administration, the Federal Transit Administration, and an outside accounting firm, must have its budget approved annually by MDOT, and makes an annual report to the Maine Legislature.

NNEPRA successfully administers passenger rail services connecting

Maine with the rest of the country, as well as millions of dollars of funds each year, with a small staff of fewer than 10 people. These staff members are efficient, knowledgeable, and dedicated, performing admirably and well above and beyond what anyone could expect. But don’t take just our word for it. NNEPRA, and its executive director, Patricia Quinn, have repeatedly been held up as models for similar agencies in other states and have won many awards for their activities. In recognition of her ability and achievements, Ms. Quinn’s colleagues have elected her to leadership positions in the national passenger rail arena. Senator, go find somewhere more productive to grind your axe.

Wayne Davis is chairman of TrainRiders Northeast. F. Bruce Sleeper is an attorney with Jensen Baird Gardner & Henry. TrainRiders Northeast is a non-profit organization that obtained the return of passenger rail service to Maine with the commencement of Amtrak’s Downeaster service. It continues to support passenger rail service in the Northeast and operates the Downeaster on-board host service, as well as host services at several of the Downeaster station stops.