EMS ordinance again focus of Preston County meeting
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KINGWOOD - All of the seats were full when Preston County Commission President Hunter Thomas called the meeting to order. Two of the individuals waiting for the meeting to start were there to bring concerns about Preston County’s new EMS ordinance.
Matt Calvert said he has not heard back on emails he sent to EMS Director Henry McDonald.
"I get tired of paying for people who don’t work," he said. "I’ve sent emails to him but I haven’t heard anything back from him."
Commissioner Samantha Stone said commissioners would gladly address Calvert’s concerns following the meeting.
Thad Marsh said he supports funding the Preston County EMS, but questioned the legality of the ordinance.
"I support strong, stable EMS in Preston County. We need it, and we should all do our fair share to make sure it is properly funded," Marsh said. "But there is a bigger legal question here than simply pointing to [West Virginia Code §7-15-17] and saying the Legislature authorized an EMS fee. Yes, the state law gives the County Commission the authority to create a special emergency ambulance service fee by ordinance. The ordinance then establishes the amount and determines who is subject to the fee."
He said the question is whether the framework the County Commission created actually stays within the limits of that statutory authority. The Preston County ordinance doesn’t simply establish one household fee. It creates multiple categories, including: $90 per living unit, $60 per homestead-exemption unit, $60 per recreational unit, and a $90 per business unit
Marsh said the business-unit definition is broad, and that raises an important legal question. He said he West Virginia Supreme Court has said an ambulance service fee is valid when the burden is tied to use of ambulance services in a "sufficiently reasonable way." That’s the important part of Clay County Citizens for Fair Taxation v. Clay County Commission.
He said the question isn’t merely: Did the Legislature authorize an EMS fee? It is: Does the way Preston County designed and applies this particular fee maintain a sufficiently reasonable relationship to the users of emergency ambulance services?
Marsh said consider the business classification, could a one-person home-based business, a nonprofit office, a large manufacturing facility, a corporate headquarters, and a vacant commercial location all potentially owe the exact same $90 fee? And if so, what is the legal and factual connection between that uniform charge and the "users" of emergency ambulance service contemplated by §7-15-17?
He said that does not mean the business provision is automatically unlawful.
"There is precedent supporting the inclusion of businesses in an ambulance-fee structure. But an Attorney General opinion is not the same thing as a Supreme Court decision, and Clay County Citizens and Waugh require us to look at whether the fee’s burden is reasonably connected to ambulance-service use," Marsh said. "The Legislature itself was considering HB 4912 in 2026 concerning emergency ambulance fees and collocated rental units. That doesn’t prove Preston’s ordinance is invalid but it does show that the application of §7-15-17 to particular categories of property and commercial activity remains an issue worthy of legislative attention. This is why I keep using the word ‘durability.’ Supporting EMS and questioning the legal durability of the funding mechanism are not contradictory.
“In fact, they go together. If we want a strong, stable EMS system in Preston County, we should want a funding ordinance that can withstand serious legal scrutiny not one that leaves important questions about its classifications, methodology, collection process or statutory authority unresolved. Let’s fund EMS. Let’s do our fair share. But let’s also make sure we got the law right."
Several other individuals showed up at the meeting with envelopes holding their EMS bills, but they did not speak.
Stone said the commission has had "at least 50 meetings" to work through the EMS Ordinance. She said a number of them were public.
In other business, Commissioner Hunter Thomas suggested putting a portion of the counties $236,369 carryover into the building fund. No action was taken and the discussion was tabled until next week.
Commissioners:
— Approved the use of a portion of the courthouse lawn for use by Kingwood Volunteer Fire Department and the 84th annual Buckwheat Festival.
— Approved the replacement of the courthouse boilers by Alpine Energy Solutions. The cost of the project is $279,800.
— Approved a contract with TK Elevator to service the courthouse elevator.
Commissioner Don Smith said there will be a tire amnesty held from 9 a.m. to 3 p.m. at the old Preston Memorial Hospital site. He said each household can bring in 10 tires to be disposed of. There is no charge.
The next meeting of the Preston County Commission will be held at 6 p.m. Aug. 25.