Judy

ELKINS — The City of Elkins has sent out over 300 collection letters for delinquent first due area fire fund fees while some who are delinquent say they would rather pay the Randolph County fire fee instead, officials state.

During the Elkins City Council’s April 21 meeting, Elkins City Treasurer Tracy Judy informed the council that her department has mailed out 148 collection letters for delinquent first due area fire fees, with a “larger chunk” of collections letters for delinquent first due fire fees to also be sent out on April 24. Judy told The Inter-Mountain on Monday that her department sent out an additional 200 collection letters on April 24, making the total amount 348 letters.

During the April 21 meeting, when asked by Fourth Ward council member Andrew Carroll if this number of delinquencies for first due area fire fees was typical, Judy said it was not.

“No, part of what we are seeing in responses from first due fire fee collections is nobody wants to pay the City fire fee,” Judy told the Council. “They want to pay the County fire fee because it’s cheaper.”

In 2015, the City of Elkins implemented quarterly fire fees for home and business owners in the region who live or operate their business outside city limits that are covered by Elkins Fire Department. The area that falls under the fees is called the “first due area,” which encompasses approximately 150 miles.

According to the City of Elkins website, the current Fire & Rescue Service Fee rates for in-city residents and those in the first due area are the same. Owner-occupied homes pay $100 per year, one-unit and two-unit rental owners pay $100 per unit, rental owners with three units or more pay $0.05 per square foot, commercial and industrial building owners pay $0.05 per square foot and trailer parks pay $100 per trailer.

Judy explained to the council that, in each collection letter sent out, her department laid out the Elkins City Code, the West Virginia State Code and a 2020 West Virginia Supreme Court decision, all of which show that, by law, the fire fee must be paid. The 2020 West Virginia Supreme Court decision found that the City of Elkins Fire & Rescue Service Fee is “a reasonable fee, rather than an impermissible tax or an unreasonable fee,” and affirmed the legality of the City charging such a fee.

Fifth Ward council member Cody Thompson asked Judy what it would happen if those delinquent still refused to pay the fire fee. Judy said, in the past, the City has taken the matter to the Randolph County Magistrate Court if those delinquent do not get served.

“We’ve gotta find a way to be able to serve them,” Judy said. “There were a couple cases that went to the Circuit Court and one of those went to the (West Virginia) Supreme Court, and they ruled in favor of Elkins.”

Judy told the council that her department had already seen responses from some who received a collection letter and that “it’s been an interesting day today.”

On Monday, Judy told The Inter-Mountain that most of the responses have been positive.

“We are offering payment plans to those who are behind in paying,” Judy told The Inter-Mountain. “They just need to come in or call the number in the letter, and we’re willing to work with anybody who wants connect us and get it taken care of.”

During the April 21 meeting, Judy noted that several responses were, ‘County fire fee is cheaper and I want to pay that and not the City fire fee.'” Elkins Fire Department Chief Steve Himes commented that the Elkins Fire Department does not receive funds from the Randolph County fire fee.

In 2017, the Randolph County Commission implemented a fire fee charge for the entire county. According to the 2017 County ordinance, the fees apply to “all owners of residential building, residential rental buildings, commercial buildings and institutional buildings that are located in the areas and zones served by the following volunteer fire departments…” After listing nine volunteer fire departments in the county, the ordinance then states that the fee excluded the area “within the corporate limits of the City of Elkins and the areas outside of the City of Elkins corporate limits that are being serviced by and are paying fire fees to the Elkins Fire Department.”

According to the 2017 County ordinance, all owners of residential buildings in the area listed by the ordinance pay a fire protection fee of $72 per residential building. Owners of commercial or institutional buildings containing 1,000 sq. ft. or less pay $100 in fire fees, those with buildings containing 1,001 to 2,500 sq. ft. pay $200, those with buildings containing 2,501 to 5,000 sq. ft. pay $300, those with buildings containing 5,001 to 10,000 sq. ft. pay $400 and those with buildings containing more than 10,000 sq. ft. pay $500.

Also during council’s April 21 meeting, the nine present council members voted to adopt the Fiscal Year 2027 Fire Fund budget of $1,154,040 for the Elkins Fire Department. Third Ward council member Christopher Lowther was not present.

Before the vote, Himes emphasized that this budget is to ensure the continuation of the department’s services.

“This budget is an operational budget to provide services,” Himes said. “Simple as that. There’s zero dollars in there to replace equipment. There is zero dollars in there for capital upgrades that, quite frankly, need to happen.”

Judy explained to the council that the balanced budget is made up of in-city fire fees, first due area fire fees and an additional contribution that the city will be making through the fiscal year.

Fifth Ward council member Burley Woods asked Himes what sustainability of services to the public would look like if the established fire fee is not raised at some point. Himes stated that the level of service would be hard to continue.

“We would not be able to sustain the level of service and we sure won’t be able to improve the level of service,” Himes said. “I would think that you would not want less.”

In the written budget presentation Himes gave to the City Council, he stated that, while the fire fee has been able to accomplish a lot, he hopes that it was “clear from the start” that the fees would not sustain the department forever.

“No matter what anyone says, we have been able to take the additional funding from the first due (fee) and dedicate it 100% to improving the level of service provided,” Himes wrote in his budget presentation. “I, as a city resident, do care that my fire department is equipped and capable. I think most people do. Those who complaint about the fee are the same who tell us we took too long to respond to their emergency.”

Himes also noted in his budget presentation that he has a couple of fears moving forward as it would take a 20-25% increase for the Elkins Fire Department to break even and gain the revenue to fully fund its budget request. Himes asked “What happens in five to 10 years when that isn’t enough? Where do we stop?”

“No other fire department in West Virginia is solely funded by that single funding stream of a fire service fee,” Himes wrote. “Many or all cities have such fees in place, but it rarely generates the revenue necessary. I believe that in order to move both the city and the fire department forward, we must do the same.”

Elkins City Council will meet again on May 7 at 7 p.m. at the Phil Gainer Community Center.