Panhandling Ban Adopted; Police Request Opioid Settlement Funds
Council adopted its panhandling ban by a vote of 5-1 on Wednesday, while the city's police department is back requested a further $40,000 of opioid settlement funds.
WHEELING – The Wheeling City Council held its ninth meeting of the year on Wednesday, Nov. 6, delayed by a day due to the election.
Panhandling prohibition…
A public hearing was held prior to a vote on a controversial ordinance seeking to crackdown on the solicitation of donations by pedestrians from motorists, or panhandling, while maintaining the constitutional right to hold signs in public. Seven speakers shared their opinions, with six opposed and one in support.
The lone voice in support of the ordinance, Thomas Haluscak, president of the International Association of Fire Fighters Local 12, stated that members of his union embraced and endorsed the measure. Haluscak, along with other proponents of the ordinance, used anecdotal evidence of “near” vehicle accidents where people panhandle.
In opposition were a range of community members, business and homeowners, and recent transplants to the city.
Elizabeth Horacek, an Elm Grove resident, called the ordinance “extreme overkill” and a reaction to the sometimes unpleasant site of people soliciting donations. Joseph Roxby, a South Wheeling resident, said the legislation was “government overreach” and would prohibit a form of charity. Logan Schmitt, business owner and Center Wheeling resident, implored the council to release data showing accidents, and said the legislation would “infringe on people’s rights.”
During consideration of the legislation, Mayor Denny Magruder, Vice Mayor Jerry Sklavounakis, and Councilor Ben Seidler, the architect of the ban, spoke in favor of the legislation, further using anecdotal evidence to support their position. City Solicitor Rosemary Humway-Warmuth, asked about her interactions with other West Virginia cities, stated several municipalities were watching the city of Wheeling and “looking at the same issue.”
Councilor Connie Cain echoed concerns brought by citizens during the public hearing. In her comments, Cain urged the city to release more information about the alleged “near” vehicle accidents. She admitted to giving financial support to people who panhandle, adding that she believed the ordinance would unduly “infringe on people’s right to give” donations.
Ultimately, the ordinance was adopted by a vote of 5-1, with Cain voting in the negative and Councilor Ty Thorngate absent from the meeting.
For a full look at the ordinance and its potential impact, click here.
Police press for public funds…
Councilors heard a request from the Wheeling Police Department for $40,000 of opioid settlement funds to purchase a subscription to Israeli-based Cellebrite, a private digital intelligence company known for its capability to unlock cell phones.
The company has a varied past. Its technology has been used in Hong Kong, Belarus, and Russia to crackdown on pro-democracy protests, used by Bangladesh in connection to extrajudicial killings, and spy on journalists in Myanmar who reported on the Rohingya genocide. The technology has also helped solve murder cases.
In May, the previous city council approved over $100,000 of opioid settlement funding for the police department despite opposition by members of the public. The police used these funds to purchase, among other items, a $40,000 utility terrain vehicle (UTV) to patrol the city’s rail trails and homeless camps.
The police department’s 2024-25 budget is nearly $9,000,000, with several requests already made and approved for additional funding.
Councilors, after adopting the police department’s May request, said a task force should be created to develop a comprehensive plan for the use of opioid settlement funds. As well, members encouraged the city to create an application for organizations to request funds. To our knowledge, neither has been achieved.
Four members of the previous council who won their re-election campaigns, Palmer, Seidler, Sklavounakis, and Thorngate, agreed to use the rest of the funds for prevention-based proposals.
Ordinances passed, ordinances proposed…
Councilors adopted several ordinances during their meeting, including:
$59,000 to Leslie Equipment of Marietta, Ohio, for a conveyor belt at the wastewater treatment plant related to damage caused by April flooding;
$29,999.88 to ERB Electric Company of Wheeling for flood repairs at the wastewater treatment plant;
Creating a 4-way stop intersection at 13th and Jacob Streets;
$55,191 to Staub Nissan of Triadelphia, W.Va., for the purchase of two 2024 Nissan Leaf electric vehicles for the city’s Parking Authority;
$88,000 to Edgco, Inc., of Landisng, Ohio, for the demolition of 77-12th Street;
$27,780 to mail letters to city residents inquiring about the type of water pipe their houses utilize;
$39,675 to Kalkreuth Roofing & Sheet Metal of Wheeling for a roof on the chemical building at the Water Treatment Plant; and,
$138,550 to James White Construction of Weirton, W.Va., for a water valve insertion project.
At the body’s next meeting on Tuesday, Nov. 19, the council will consider several ordinances, including the police department’s use opioid settlement funds, several repairs and replacements for the wastewater treatment plant, the imposition of property liens on dilapidated structures, among others.
Betting on business…
During a Development Committee meeting, members heard a proposal by the owner Bogey’s Carryout to open a location on Wheeling Island. The business would include carryout food, a small convenience store, and video lottery machines.
Due to state and city code, the proposal needs approval by council if a business operating video lottery machines exists within 1,000 feet of a residence, school, church, or other video lottery establishment. The proposed Bogey’s Carryout Wheeling Island location is near homes, Madison Elementary School, and at least 10 other video lottery establishments.
Councilor Seidler, who represents the Island, expressed concerns about adding another video lottery parlor at that location. Seidler also expressed his constituents' concerns over a lack of convenient store options. The owner of Bogey’s Carryout said the goal would be to include a convenience store, but made no guarantee that it would in its final iteration.
Mayor & Manager memos…
During his report, City Manager Robert Herron announced that the city’s administrative offices, located on the third floor of the City-County Building, would relocate to the former police department headquarters on the main floor of the building for six weeks. The move comes as the building undergoes major renovations, including to its lighting, ventilation, and ceilings.
Herron also announced that the city received a grant for electric vehicle chargers. New chargers will be installed in the Centre Market shopping district and in the Intermodal Parking Garage in downtown Wheeling.
The Market St. parking garage has officially opened after more than two-years of construction and a delay due to the downtown Streetscape project. The six-floor structure hosts 290 parking spaces with room for up to three retail locations on its ground floor. The project was announced in tandem with expected renovations at the Wheeling-Pittsburgh Steel building, but that project has been on hold by its private developer.
The Comprehensive Plan, which governs the city’s land use, is available for the public to review. The plan, if approved, will be in effect through 2034. The plan will receive its first reading at the council’s Dec. 17 meeting. The public can review the draft plan by clicking here.
During his report, Mayor Magruder invited the public to attend the city’s Winter on the Plaza event at 5:30 p.m. on Wednesday, Nov. 20 at the Market St. Plaza. The city will hold a lighting ceremony for its Christmas tree. Magruder also encouraged residents to attend the Friday, Nov. 22 Christmas parade.
The council will meet again on Tuesday, Nov. 19, at 5:30 p.m. Those wishing to address the council should plan to arrive prior to 5:15 p.m., when the sign-up sheet is pulled.