'It's a power grab': Rift over controversial BGE conduit deal discussed at Board of Estimates meeting

BALTIMORE -- The rift over the controversial BGE conduit deal continued at Wednesday's Board of Estimates meeting.

The controversy has persisted two weeks after Baltimore City Council President Nick Mosby and Comptroller Bill Henry boycotted the deal while remaining members of the Board of Estimates went on to vote on the conduit system.

Mayor Brandon Scott doubled down on what he told WJZ investigator Mike Hellgren, saying the "deal is done."

The deal would give BGE power over more than 700 miles of underground cables that control electricity, phones, internet and other key utilities. BGE would maintain the system and pay the city $138.5 million over the next four years, plus $1.5 million yearly to occupy the space.   

The Board of Estimates approved the agreement despite the comptroller and city council president boycotting, and insisting the vote is not legitimate.

"We understood the rules of the body to confirm the transaction of business could not take place without the forum of all five members," Mosby said. "Despite that, a vote was taken by the mayor and his two appointees. I, and the comptroller, do not believe that vote was valid, and we have serious concerns about what has taken place. As what you have heard and seen by the administration, they disagree."

Critics argue the new agreement gives BGE too much control and violates the spirit of a referendum voters overwhelmingly passed last year that prohibits the sale of the underground system.

City Council President Mosby said the deal was voted on during that February 15 Board of Estimates meeting without him or Comptroller Bill Henry there.

Mosby said there wasn't enough "sufficient information to make a well-informed decision." 

"We take our jobs very seriously with the responsibility to the citizens of Baltimore," Mosby said. "We chose to be absent on February 15 because we did not believe we had enough sufficient information to make a well-informed decision that significantly impacts, not only the residents of Baltimore today, but generations to come. We asked for more time and information, but instead, we were told this was going to happen whether we had questions or not."

Mosby said the move to approve BGE conduit deal was a "power grab" and was "to suit private industry." 

He then called for a re-evaluation of the city's spending board.

"Over the last few weeks, it has become more and more clear there is a breakdown in communication, and at times, a willingness to work in partnership," Mosby said. "The underground conduit system is a clear example. Comptroller Henry and I chose not to attend the last Board of Estimates meeting because the rules were intentionally changed in our request to have the conduit system item deferred was denied." 

Acting City Solicitor Ebony Thompson said the comptroller and city council president's boycott of the last spending board meeting cannot "halt city business."

"There would be no need to cancel a meeting or defer a meeting if you could simply not show up," Thompson noted.

She voted in favor of the deal. "There hasn't been a single plan that was offered knowing we were out of contract with BGE. All we've heard is to keep the status quo and simply charge BGE higher rates," she said. 

So is the deal really done? 

Comptroller Bill Henry said the dispute may end up in court.

"I'm not sure who else is empowered other than a judge to make a determination over what actually happened. The charter and the rules are both silent as to how you rule over a question like this."

He said changes to the city's charter could be explored that may cut the mayor's power on the spending board.

"At the end of the day, it's going to be up to the people of Baltimore to decide how their city is going to be run," Henry told WJZ. 

He added that any change to the charter would require the approval of voters.