Council adopts new gift and memorial policy

Morgantown Mayor Bill Kawecki said the dust-up over the removal of cherry trees serving as a family memorial along the riverfront rail-trail in late 2018 was not the impetus for the city’s newly adopted gift and memorial policy.
If fact, Kawecki said, the policy was in the works to some degree for three years or more, when a memorial tree for longtime South Park resident Gabe Nardi died and had to be removed.
“The family expressed their concern. They wanted to know what they could do. Could they plant again. Could they do something new,” Kawecki said. “I went to the tree board … and they said, ‘That’s not a good circumstance because you’ve a tree now that people have an emotional attachment to, that represents a loved one. But trees are living things. They’re not permanent and they require maintenance.’ ”
It was then, Kawecki said, he realized the broad, informal policy the city had in place left a lot of questions for both potential donors and the city.
Joe Morris, chairman of the city’s urban landscape commission, explained the city officially reached out to the commission and tree board in 2017 to help bring clarity to the old policy.
Morgantown City Council adopted this new policy during its Sept. 3 meeting.
“The more they got into this, the more complicated it became. That policy began way back, probably more than three years ago and, fortunately, they kept at it,” Kawecki said. “Joe Morris [chair of the city’s Urban Landscape Commission] has absolutely been remarkable in wading through the minutiae.”
The policy, which deals with everything from cash gifts to donated land, park equipment, buildings, vehicles, landscaping and artwork, among other items, lays out a specific review policy that begins and ends with the city manager, with assistance from any relevant entities — for example, BOPARC, if a gift pertains to city parks.
The policy stipulates that to prevent taxpayers from becoming liable for such donations, any gift proposal must come with a plan to provide for any associated maintenance, property wear and tear, incidental costs, needed landscaping, plant care and removal expenses.
Gifts must also fit with the city’s design and landscape aesthetics. The policy notes that while the city will try to accommodate a donor, “the City will not agree to plant specific plants in specific locations or dedicate specific trees to individuals.”
Additionally, once accepted, donations become the property of the city, which has the right to remove, modify, dispose of or replace any donated items, after making a reasonable effort to notify the donor.
The removal and replacement of some of the Yoshino cherry trees along the riverfront trail to accommodate ongoing construction in the area caused a stir in fall and winter 2018.
The trees were planted in 2001, following a donation by Milan Roh in memory of his wife, Geraldine “Jerry” Murphy Roh.
While there was eventually a compromise brokered that reduced the number of trees to be impacted, Kawecki said the issue highlighted the need for more specificity in dealing with these kind of potentially sensitive issues.
“Again, it’s not our intention to step on anybody’s memorial. It’s our intention to make sure that they have an understanding of what can be done and what might be done,” Kawecki said. “We want people to be realistic in their expectations and we want them to be comfortable in knowing what they’re asking for can be met and that the city has what it needs to accomplish it.”
Potential donors can request an exception to the policy from the city manager. Potential donors unhappy with the city manager’s decision can submit a written appeal to city council for review.
City Manager Paul Brake said the policy does not affect, or change, anything already in place.