June 15, 2010
Proposed Westmorland Coal Loading Facility Stirs Ire
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Having again applied for a permit from the Corps of Engineers, the prospect of a barge fleet facility once again looms over Westmoreland. Under current law, the Corps could approve the facility, but the barge cleaning dock moored on the Ohio River would need a zoning waiver. But, likely, the owners would claim the river itself cannot be zoned.
District One councilman Jim Ritter stated, “We need council’s help (to) protect (Westmoreland) from the barges and coal dust.”
When running for election, Mayor Kim Wolfe had stated he would continue the previous administration’s stand against the facility.
Monday night at the council meeting, he stated, “We will abide by the law.”
That could be a rubric. The city has limited funds , and, another interpretation of the laws may be necessary.
Ritter has asked City Attorney Scott McClure to reexamine the legal case. McClure told council Monday that by refusing to grant the lease the city could face up to a one million dollar judgment that is not covered by insurance. Ritter insisted the maximum penalty would be $50,000.
At large council woman Rebecca Thacker also stands firm in opposition to the barges. She also wants McClure to be prepare for litigation.
Speaking of “coal dust going out over the trees,” from a similar facility near the 17th St. West Ohio River Bridge, Ritter told the administration and fellow council members that “we will fill the upstairs [auditorium], if you want us too.”
The dispute has been on-going for 20 some years. Unfortunately, a previous administration agreed to the lease, but , neglected the zoning aspect. Meantime, the Corps of Engineers has not granted the permit on multiple occasions.
Should the permit be granted, the barge facility owners could set up barges on the Ohio River, skipping the anticipated “no” from the city’s development, planning and zoning department. If that scenario occurred, the city and its Westmoreland residents would be confronted with asking a court to issue a Writ of Prohibition blocking the enterprise due to the nearby park and lack of compliance with the city’s zoning ordinances.
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Proposed Westmorland Coal Loading Facility Stirs Ire
By Tony Rutherford
Huntingtonnews.net Reporter
Huntington, WV (HNN) – Having again applied for a permit from the Corps of Engineers, the prospect of a barge fleet facility once again looms over Westmoreland. Under current law, the Corps could approve the facility, but the barge cleaning dock moored on the Ohio River would need a zoning waiver. But, likely, the owners would claim the river itself cannot be zoned.
District One councilman Jim Ritter stated, “We need council’s help (to) protect (Westmoreland) from the barges and coal dust.”
When running for election, Mayor Kim Wolfe had stated he would continue the previous administration’s stand against the facility.
Monday night at the council meeting, he stated, “We will abide by the law.”
That could be a rubric. The city has limited funds , and, another interpretation of the laws may be necessary.
Ritter has asked City Attorney Scott McClure to reexamine the legal case. McClure told council Monday that by refusing to grant the lease the city could face up to a one million dollar judgment that is not covered by insurance. Ritter insisted the maximum penalty would be $50,000.
At large council woman Rebecca Thacker also stands firm in opposition to the barges. She also wants McClure to be prepare for litigation.
Speaking of “coal dust going out over the trees,” from a similar facility near the 17th St. West Ohio River Bridge, Ritter told the administration and fellow council members that “we will fill the upstairs [auditorium], if you want us too.”
The dispute has been on-going for 20 some years. Unfortunately, a previous administration agreed to the lease, but , neglected the zoning aspect. Meantime, the Corps of Engineers has not granted the permit on multiple occasions.
Should the permit be granted, the barge facility owners could set up barges on the Ohio River, skipping the anticipated “no” from the city’s development, planning and zoning department. If that scenario occurred, the city and its Westmoreland residents would be confronted with asking a court to issue a Writ of Prohibition blocking the enterprise due to the nearby park and lack of compliance with the city’s zoning ordinances.
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