MARTINSBURG, W.Va. — A Berkeley County circuit judge has agreed with a lawsuit filed by a local delegate and his wife against the Berkeley County Council’s decision to increase yearly fire fees.
During a Thursday hearing, 23rd Judicial Circuit Judge Laura Faircloth cited state code requiring the council to obtain a petition showing at least 10 percent of voters support the increase. The council voted on July 5 to delay the increase until July 1, 2019. Under the plan, the $35 fire fee for most Berkeley County residents would jump to $70. Owners of larger homes could pay between $100 and $130, much higher than the current rate of $50-$60 annually.
The raise stems from a request by the county’s fire service board, separate from the county council, to increase the fee to hire full-time, paid firefighters. They would be stationed in at least two of the county’s five volunteer fire stations.
Berkeley County Council Vice-President Dan Dulyea told MetroNews affiliate WEPM he wants to help the firefighters but has been against the fee since it was first proposed.
“The reason that I was voting no, and I clarified that after in our discussion period, was that I believed that 10 percent of the registered voters were necessary for that to happen. So it’s no surprise to me what happened. (It’s a) disappointment to a lot of people hoping that we could get full-time fire service.”
Multiple volunteer fire departments, including Baker Heights and Back Creek Valley, have asked the fire board for assistance.
“I’m all for helping the fire departments out and I think the volunteers are exceptional,” Dulyea said. “If you’re going to dedicate your time for the good of the public that needs to be commended. But there’s some of the volunteers that are for full-time fire staff and some of them that are against it. Some of the fire departments want some help right now and in my opinion those are the ones we need to take attention to and try to help out.”
Tensions escalated when Del. Mike Folk (R-Berkeley) and his wife filed a lawsuit on August 3. The lawsuit states the vote was improper and was not heavily publicized.
Folk is running against Sen. John Unger (D-Berkeley) for Unger’s senate seat.
Following the lawsuit’s filing, Dulyea added the county council has been trying to determine the best course of action.
“We have to look out for the voters’ money,” added Dulyea. “We’re the financial stewards of the community so we need to look at that side of it and weigh out all of those possibilities. I believe in democracy and if the thought process is that we need to have a full-time fire staff, then we need to follow the rules and do it the way that the legislature set forward.”
The council voted on July 9 to postpone the fee increase until July 1, 2019.