News of Otsego County

Serving Otsego County, NY, through the combined reporting of Cooperstown's Freeman's Journal and the Hometown Oneonta newspapers.
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HAPPENIN’ OTSEGO for FRIDAY, SEPTEMBER 7
HAPPENIN’ OTSEGO for FRIDAY, SEPTEMBER 7

Tribute Concert To Fleetwood Mac

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FLEETWOOD MAC – 7 p.m. Performance by Tusk, Fleetwood Mac Tribute band, performing some of their greatest hits. Cost, $35 in front half of theater. Foothills Performing Arts Center, Oneonta. 607-431-2080 or visit foothillspac.org

THEATER – 7 p.m. Performance by Tom Morgan “Tales from the Empire” telling story of the Morgan family, former owners of The Empire Hotel in Gilbertsville. Adapted from autobiographical stories in newspaper columns, radio show “Moneytalk.” Cost, $15/adult. Auditorium, Fenimore Art Museum, Cooperstown. 607-547-1400 or visit www.fenimoreartmuseum.org/calendar-a

A Good Idea From Fire Commissioners: Dissolve, Let Town Negotiate OFD Pact

Editorial for August 31, 2018

A Good Idea From

Fire Commissioners:
Dissolve, Let Town

Negotiate OFD Pact

The Freeman’s Journal – A packed house at Oneonta’s Elm Park Methodist Church in April 2017 urged town Board of Fire Commissioners: Renew the fire-protection contract with city’s paid Oneonta Fire Department. Sixteen months later, talks are still stymied.

When one least expects it, a breakthrough.
The Town of Oneonta’s Board of Fire Commissioners has voted, 3-2, to set a hearing to consider dissolving. The vote could come at the end of the hearing, scheduled at 7 p.m. Tuesday, Sept. 18, at Elm Park
Methodist Church.
Good idea. About time.
If the fire district is dissolved, a “fire zone” continues to exist within the town, so coverage will continue. The Town of Oneonta would assume responsibility for negotiating with the city. That’s good too.
There’s probably no one better than Town Supervisor
Bob Wood, previously a longtime fire commissioner himself, to bring talks with the city to a sensible conclusion.
For more than two years, negotiations have gone nowhere on extending the contract with City Hall for professional fire protection for the town’s Southside, and neighborhoods beyond the city’s East and West ends.
Only state Supreme Court Judge Michael V. Coccoma
imposing a two-year settlement in January 2016 assured businesspeople and homeowners coverage as negotiations continued.
The two commissioners objecting to dissolution are the newcomers, Al Rubin and Michelle Catan, who since their election last December have been foiled in efforts to get the talks moving again.
The three in the majority bloc, chair Johna Peachin, veteran commissioner Fred Volpe and Ron Peters, who is associated with Peachin’s accounting firm, have not responded to city Mayor Gary Herzig’s requests for negotiations, the mayor says.

As noted here before, Coccoma imposed a regimen that allocates one-third of the costs of the city’s Oneonta Fire Department (OFD) to property owners in the town fire district; the remaining two-thirds would be covered by city taxpayers.
An independent consultant agreed to by both sides came up with roughly the same formula.
Still, no movement.
The majority bloc has been tangled up in the issue of revenues created by the OFD’s ambulance squad, which generates about $1 million of the fire department’s $4 million budget.
In effect, those revenues – insurance payments generated whenever a city ambulance carries a patient from either the city or town to Fox or Bassett – pay down the total, meaning there’s less for city taxpayers and fire-district property owners to split.
The bloc believes the way it’s being done is illegal, but so far hasn’t found anyone with authority to agree.
Again, if an “i” or two needs to be crossed to bring everything up to Hoyle, Bob Wood has the understanding to figure it out amicably with Herzig.

There are implications for the future.
For one, a town can’t operate its own fire department under New York State law, an option the fire commissioners have been threatening to pursue in negotiations with City Hall.
However, if it came to that, the town could create a town-wide fire district that could do so, a lengthy process – but slower is probably better. Plus, that may never happen and shouldn’t – the town and city’s fates are linked.
Arguably, given the $1 million contribution from townsfolks, it makes sense for a liaison to be brought into discussions with Common Council on policies regarding the OFD. Perhaps Al Rubin, who has tried to be an honest broker since joining the fire board, would be a good prospect for this role.
Regardless, it’s time to move forward. If the majority-bloc fire commissioners have concluded they can do no more, it makes sense to leave the scene.
The Oneonta Town Board is more sensitive to what the public wants – only a handful or two of voters turn up at Fire District elections – and the public has said it wants the standoff resolved.
With Wood at the helm, along with town board members of good will, an end to a worrisome situation may finally be within reach.

The Arithmetic Is Inexorable: 2/3rds City, 1/3rd Town Fire District. Make The Deal

Editorial, August 10, 2018

The Arithmetic Is Inexorable:

2/3rds City, 1/3rd Town Fire District.

Make The Deal

Judge Coccoma

Judges generally are loath to get involved in situations that should be resolved through the political process. But once in a while their hand is forced.
Such seems to be the case shaping up in the now years-long standoff between Oneonta City Hall and the Town of Oneonta Board of Fire Commissioners over what the town should pay to be covered by professional firefighters in the city’s Oneonta Fire Department.
In December 2016, with the city-Fire District contract expiring, the dispute ended up in state Supreme Court Judge Michael V. Coccoma’s Cooperstown courtroom.
Unable to broker an agreement, Coccoma imposed a two-year contract, with the Town Fire District paying $1.1 million a year for the OFD’s services.
He also instructed both sides to choose a mutually agreeable mediator to propose a fair outcome, and they settled on VFIS (Volunteer Firemen’s Insurance Service), based in York, Pa., the nation’s foremost arbiter of this kind of thing.
The resulting report allocated 64.2 percent of the cost of operating the OFD to city taxpayers, and 35.8 percent to Town Fire District ratepayers, which include the big boxes on Southside Oneonta (in the town).
The outcome, according to city Mayor Gary Herzig, was in the neighborhood of the $1.1 million Coccoma had already decided upon. City Hall accepted the report; the fire commissioners did not.
Since, much has happened, but the bottom line is: No progress.

As he’s said all along, Mayor Herzig says today he is agreeable to a settlement tomorrow.
The traditional formula has been roughly: The city pays two-thirds; the fire district pays one-third.
“We’re comfortable with that formula,” said Herzig, referring to the VFIS numbers. “The outcome is very similar to the formula that’s been used for the past 20 years. (The VFIS formula) is more complicated. The bottom line is not very different.”
Because the fire commissioners’ leadership stopped calling back, he continued, City Hall has stopped trying.
“We’ve said now for months and months, our door is open. We’re willing to sit down and negotiate at any time. The response we get is: ‘We will not negotiate with you. What you’re doing, it’s illegal.’ I have no idea what they mean.”
The new fire commissioners, Al Rubin and Michelle Catan, thought they had found a solution in appealing to state Comptroller Tom DiNapoli to audit the situation and recommend a solution. But it seems that DiNapoli, sensibly, was reluctant to allocate resources to a local situation with no statewide implications.
Rubin believed including OFD’s ambulance service revenues – due to insurance payments, EMS runs at a profit – would open the door to a deal. But Herzig said the revenues are part of the $4 million OFD budget – there’s no secret pot of money to be discovered. If you push in here, it comes out there.
In the end, it’s hard to escape the arithmetic: one-third to the Fire District, two-thirds to City Hall.

Which brings us back to where we started.
The judge directed the parties to bring in a mediator. That was done. A formula was recommended by the foremost experts. Still, the deadlock continues.
At the end of this year, five months from now, Judge Coccoma’s order expires. If he fails to extend it, most of the Town of Oneonta (minus that covered by the West Oneonta volunteers) will be without protection.
At one point, the commissioners said they would start their own department; that seems impractical. Otsego County’s impressive local volunteer departments have built expertise over decades, even generations. You can’t just snap your fingers and duplicate that.
The other option would be to contract with a volunteer department. But volunteers, trained as they may be, are mostly working fulltime jobs, some out of the area. Can they be expected to stand ready, 24 hours a day, 365 days a year, for another Christopher’s inferno along Otsego County’s foremost commercial strip?
The VFIS report – you can Google it at www.allotsego.com – reports the Insurance Services Office rated the OFD service are 2/2Y, put it among the top 3 percent best in the nation. Businesses in the Fire District (and city) are seeing low insurance rates as a result.

Judge Coccoma was right to impose a two-year settlement; the alternative was an unacceptable threat to public safety. Not to pre-judge the judge, but what option does he have if the fire commissioners and city officials appear before him again at year’s end?
We’re all adults here. Life is compromises. The fire commissioners have no option but to make the best deal – somewhere in the vicinity of one-third vs. two-thirds – and move on.

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