Wheeling approves second police opioid settlement request; Panhandling ordinance updated
Councilors overwhelmingly approved a request by the city’s police department to utilize $40,000 of opioid settlement funds to purchase Cellebrite, a phone hacking tool utilized by several departments.
WHEELING – Councilors met Tuesday, Nov. 19, for their regular business meeting, adopting several ordinances and resolutions and considering more for their next meeting in December.
Police Press for Funds
Councilors approved a request by the Wheeling Police Department to use $40,000 of opioid settlement funds to purchase equipment, software, and a subscription to Cellebrite, an Israeli-based company known for their phone hacking capabilities.
Mayor Denny Magruder invited Chief of Police Shawn Schwertfeger and Prosecutor-elect Shawn Turak to speak during a public hearing in favor of the ordinance’s approval.
Schwertfeger described the technology as a “phone analysis system” that is the “best, top of the line equipment for this purpose.” Cellebrite can pull web history, keyword searches, photos, videos, cookies, web artifacts, and text and call logs.
Currently, the Wheeling Police Department send phones due for extraction to the West Virginia State Police’s forensics lab. Schwertfeger said a phone submitted in the recent past saw 30 cases ahead of the department’s request, leading to a delay in receiving the phone’s data. “Weeks are too long,” Schwertfeger said.
Turak stated that phone extraction is the most important data available for “every drug distribution case” in the county. She echoed comments by Schwertfeger stating that Cellebrite is the best software to perform quick, reliable searches of phones.
No phone will be searched without a court order or the consent of the party whose phone is requested.
Schwertfeger went on to claim he had seen “silliness” regarding where the technology is produced or that phones would be searched without consent. “If it helps us acquire the information, I want it,” Schwertfeger stated. “I don’t care if it was developed on Neptune.”
Wheeling Free Press previously published a story regarding the police department’s request for Cellebrite. In that piece, we accurately described the company as an Israeli-based company, just as we state where other companies contracted by the city are located. At no time did Wheeling Free Press claim the technology would allow unconstitutional searches of phones.
Councilor Connie Cain stated she would abstain from voting due to her occupation with the Public Defender’s Office. The measure was approved with six voting in favor.
Panhandle Prohibition Paused
City manager Robert Herron requested that the city’s recently adopted panhandling ordinance, entitled Article 375 – Pedestrian and Vehicle Safety, see its effective date updated to January 1, 2025. The ordinance’s language states it is effective upon adoption.
The ordinance will prohibit the passing of items from a motorist to a pedestrian, and vice versa, on several Wheeling roadways. While not explicitly a panhandling ban, discussions regarding the ordinance before its adoption revolved around unsubstantiated claims that people soliciting donations on the side of the road had caused “near collisions.”
The city council could publish a map of roadways governed by the legislation. As written, the “impacted areas” contained in Section IV of the ordinance are overly broad, including “roads, roadways, or highways with speed limits of at least 25 miles an hour; roads or highways during inclement weather conditions that limit the visibility of both pedestrians and occupants of vehicles; roads or highways with poor or no lighting at night.”
Lottery Lull
A resolution of the city council seeking to identify the former WesBanco drive thru on Wheeling Island as a “redevelopment site” for the creation of a Bogey’s Carryout and video lottery business was tabled Tuesday after Councilor Ben Seidler, whose ward includes the island, requested as such.
At a recent Development Committee meeting, the owner of Bogey’s Carryout addressed the body advising his company was seeking to expand to the island. During that meeting, Seidler expressed his desire to see a full convenient-style store be available, something the Wheeling Island community lacks. Seidler also mentioned that the proposed business’ video lottery machines would coincide with at least ten other similar businesses on the same street.
The owner of Bogey’s Carryout stated it was his intention to have a convenient store available at the new property.
Julia Downing, a Wheeling resident, spoke against the resolution during public comments. Downing claimed there was not enough space at the proposed location or a “viable carry-out store.” She requested that more time be devoted to involve the community in the discussion. “When the ball’s already rolling, it’s hard to get citizen ideas,” Downing said. Downing went on to request that the approval of Bogey’s Carryout’s request should contain a stipulation that a convenient store be constructed.
The motion to table the resolution was adopted by a vote of five to two. Councilors Dave Palmer and Ty Thorngate voted in opposition.
Ordinances Passed; Ordinances Proposed
The Wheeling City Council adopted eleven ordinances and resolutions, including:
$36,610 to Elliott LLC Contracting of Wellsburg for a main sewage pump inlet gate related to flood repairs at the wastewater treatment plant;
$17,680 to Grade 8 Solutions LLC of Warren, Ohio, for a replacement heater related to flood repairs at the wastewater treatment plant;
$31,606 to ERB Electric Company of Wheeling for electrical components related to flood repairs at the wastewater treatment plant;
$22,240 to ERB Electric Company of Wheeling for wiring services to winterize the centrifuge at the wastewater treatment plant;
$33,201 to Mid-Atlantic Maintenance of Parkersburg for road line painting and restriping;
Fifteen property liens, ranging from $3,560 to $41,600, related to the costs associated in razing dilapidated structures across the city;
A resolution amending its fiscal year 2020, 2021, 2022, and 2023 submissions to the U.S. Department of Housing and Urban Development related to its Community Development Block Grant program; and,
Three facade grants, including $15,000 for Preeminent Domains LLC at 827 Main Street, $15,000 to Marianne Cracolici at 1920 Main Street, and $12,234 to AC Real Estate LLC / Angela Crawford at 1070 Market Street.
Council will vote on several other ordinances at their Dec. 3 meeting, including further repairs to the wastewater treatment plant, a request for opioid settlement funds to assist WTRF-7News in providing opioid related abatement and education, an agreement with the West Virginia Department of Transportation for a Heritage Trail connector project.
Mayor’s Military Banner Program
Mayor Magruder announced that the city has launched a banner program seeking to recognize and honor area veterans. The signs, which can be purchased for $125, will be displayed between Memorial Day and Veteran’s Day each year in the city’s downtown. Interested parties can receive an application at the Ohio County Public Library, the Howard Long Wellness Center, Fitzsimmons Law, or online at http://www.troopbanners.com/wheeling.
Turkey Trot Triumph
The city of Wheeling will host an inaugural “turkey trot” at the Alma Grace McDonough Center at Wheeling University on Thanksgiving Day, Thursday, Nov. 28, at 8:30 a.m. The trot seeks to raise funds for the city’s Parks and Recreation Department who is also organizing the event. Interested parties can register online to participate.
The Wheeling City Council will hold its next business meeting on Tuesday, Dec. 3, at 5:30 p.m. Those who wish to address the council should arrive prior to 5:15 p.m., when the sign-up sheet is pulled. City council meetings are also streamed live on the city’s Facebook page.