MORGANTOWN — The 2019 drama between the city of Morgantown and the Morgantown Utility Board regarding White Park continues to impact the relationship between the city and MUB.
That was evident earlier this week when members of Morgantown City Council took MUB General Manager Mike McNulty to task publicly before ultimately voting to take no action on a pair of utility board requests.
McNulty was before council seeking two easements agreements regarding separate projects for which the utility needs to cross the Caperton and Deckers Creek trails — one as part of service upgrades to the Morgantown Industrial Park and another involving stormwater improvements along Baird Street.
So why is MUB asking for permanent easements requiring ordinances approved by council when city administration can grant temporary, cancellable licensing agreements that would permit access?
To answer that, we can look to 2019, when MUB, after admitting it had overstepped in assuming it owned property in White Park, began a public, and at times contentious months-long negotiation process with the city and BOPARC in order to clear trees and run a raw water pipeline through park property.
Part of that negotiation process involved removing language from the city’s licensing agreement through which MUB could be forced to move or remove any improvements for any or no reason at its own cost with 60 days notice.
“That, obviously, was a point of contention back then. We overcame that and we negotiated the agreement so that if MUB breached the agreement, then we would have to move at our cost,” MUB General Counsel Jeff Ray explained.
Ray said MUB was initially willing to sign licensing agreements for these two new projects.
“Those license agreements were presented to us and they again contained the language that the city could make us move those lines for any reason or no reason at our cost. That again was the sticking point. The city manager, at that point, suggested that we go through an easement with city council …”
From MUB’s perspective, the utility is trying to future proof critical infrastructure improvements.
Members of city council saw it otherwise.
“It sounds like a matter of trust. In other words, you don’t trust the city to carry through and support what is, in fact, a city organization … So we’re to trust you to do right, but you don’t trust us,” Councilor Bill Kawecki asked, later noting of the city’s licensing agreement, “It works for WVU. It works for DOH. But it doesn’t work for MUB?”
Deputy Mayor Danielle Trumble continued.
“I completely understand why MUB suddenly wants a more permanent agreement that cannot be canceled by future managers or future councils, because that is exactly what MUB is trying to do with our last agreement in White Park,” she said.
In order to receive access through the park, MUB agreed to a number of concessions, including the construction of a new trail with water crossings and the allocation of $3,000 annually per trail mile in maintenance fees. The utility must also plant two trees for every tree damaged or removed during construction of the water line.
Trumble said the city is now receiving pushback from MUB on its agreed-upon responsibilities.
McNulty said that’s not the case, explaining that what some perceive as pushback, he views as due diligence on behalf of the utility’s rate payers.
While both MUB and city leadership tout a strong working relationship, issues remain surrounding the utility’s work in White Park.
Last June, the city expected it would bid out the trail work by the fall for construction this spring or summer.
Morgantown Communication Director Andrew Stacy explained Thursday that the new trail project has yet to be bid out “because we have not come to an agreement with MUB as to what their responsibility is under the license agreement. We won’t go into detail about those discussions.”
Stacy went on to say that the tree replacement effort will also be done through a bid process “as soon as possible,” but there is no specific date for that as of yet.
