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CITY-TOWN FIRE DISPUTE

IT’S A DEAL!

Agreement on ‘Framework Of Settlement’

City Attorney Merzig
City Attorney Merzig

By TOM HEITZ • for www.AllOTSEGO.com

COOPERSTOWN – Lawyers for City Hall and Town of Oneonta Fire District #1 agreed this afternoon on a package that would raise the district’s contribution for fire protection incrementally over this year and the next two.

It would also resolve the stalemate pending since the city-district agreement ran out Dec. 31, ensuring Southside and the East and West ends will continue to receive first protection

The presiding state Supreme Court judge, Michael V. Coccoma, called the agreement a “framework for settlement,” as it must still be approved by Common Council the the district commissioners.

Since the city brought the suit, the judge asked City Attorney David Merzig to outline the details, and he did so, as follows:

  • The agreement would cover a three-year period from this past Jan. 1 to Dec. 31, 2018.
  • Estimated costs for fire protection services are tentatively as follows (all subject to further negotiation):
    • First Year (2016): $1,030,000.
    • Second Year (2017): $1,050,000
    • Third Year (2018): $1,100,000
  • Other Provisions:
    • Parties agree to form a joint fact-finding commission
      • Two representatives appointed by the City
      • Two representatives appointed by Town of Oneonta/Fire District
      • One independent expert (on which they both agree) who possesses significant experience in fire-fighting costs and benefits, etc.
    • The cost of retaining the “independent expert/consultant will be shared equally between the City and Town/Fire District. The parties agree that the consultant is to be retained no later than July 19, 2016, and an earlier hiring date is intended, if feasible. The Town authorities are concerned that their budget process, which begins in the fall of the year will be adversely effected if the fire-fighting costs are unresolved by the fall. The City’s intent, Merzig said, is to have substantive recommendations by the fall, if not sooner.
    • The records and deliberations of the Fact-Finding Commission are to subject to state Open Meetings Law and available for public scrutiny.
    • The initial cost arrangements, detailed above, are subject to renegotiation at any time at the request of either party.
    • If any payments are ever received from the State of New York for services relating to the SUNY Oneonta properties, the parties agree to negotiate the disposition of those funds in “good faith.”
    • In the meantime, the parties agree that the current level of service will continue.
    • The Oneonta Common Council meets next on Feb. 2; the Fire District Commissioners will meet before that, but no date was given.
    • Coccoma – The Court will review the final agreement, assuming it is accepted by both parties. The current contract expires on Feb. 14; Approval or refusal of the new agreement and its terms are to be resolved no later than Feb. 12.
    • Merzig was directed to prepare the necessary documents and stipulations. If there is agreement, the City’s lawsuit would be dismissed.
    • The City and the Town/Fire District are both to adopt resolutions (similarly worded) as ratification of the agreement and its terms. The parties will each receive transcripts of the court proceedings and negotiations on the record. (These should be accessible in a few days.

 

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