Oxford Village’s recent seizure of the old fire hall will be called into question by the township supervisor at the July 16 meeting of the Oxford Public Fire and EMS Commission.
‘Having not received new keys to the fire hall, I must presume this action is intended to deny OPFEC access to this fire hall. OPFEC has not authorized this action,? wrote Supervisor and OPFEC Chairman Bill Dunn in a July 3 letter to the village council.
Claiming 100 percent ownership of the 5,750-square-foot building behind the municipal offices on W. Burdick St., the village July 1 changed the locks and put the utilities under its name without notifying the township.
The old station has sat vacant since November 2002 when the fire department moved into its new main station on the northeast corner of N. Washington and Church streets.
‘I consider your action to be in material breach of the Articles of Incorporation and Bylaws of OPFEC, as well as your contractual relationship with the township. At the next OPFEC meeting, I will call for a vote either to ratify or disavow your actions,? Dunn wrote.
Council President Steve Allen said, ‘The village doesn’t believe this is a matter for OPFEC? to vote on, given the old station is village-owned property.
‘It’s really not an OPFEC matter,? he said, noting it would be more appropriate for the township to address the issue at its board level.
‘They seized OPFEC property, where else would we handle it?? Dunn said in response to Allen’s comments. ‘The station is OPFEC property. It’s up to OPFEC to handle this.?
Allen stood by the village’s action and the reasons for it stated in last week’s Leader.
With regard to the old fire hall’s seizure, Allen told the paper last week that village attorney Bob Bunting ‘advised us to retake possession of what we rightfully own.?
Allen said the village’s ownership claim is based on:
n The fact that the title to the building is still in the village’s name. Allen noted that ‘in order for the village to sell or give (away) real property there has to be an election? and ‘that never took place.?
n The 1995 lease agreement between the village and OESA was, ‘in our determination,? for both the fire hall and the land. ‘The terms (of that agreement) included the village paying for insurance on the building,? Allen added.
n The ‘original transfer of assets documents,? which created the joint township-village fire department, ‘specifically mention every piece of (fire) equipment, but there’s no specific mention of the building.?
However, Dunn claims the township and village jointly own the structure through OPFEC.
‘By contract, all fire assets owned by the village were to be made part of a joint fire department, in exchange the township contributed money. These joint assets, in turn, were conveyed to the (Oxford Emergency Safety Authority)/OPFEC. We have understood your position that there is a lease between the village and OESA/OPFEC for this fire hall, but, to date, no one has located a signed lease. This fire hall has been, and is, carried on the books of OESA/OPFEC. Even presuming a lease, your actions have been unilateral without regard to OPFEC’s interest under such presumed lease,? Dunn wrote in the July 3 letter.
Fire Chief Jack LeRoy told this reporter last week he believes the old fire hall is owned by OPFEC because the building was ‘not excluded? under the 1982 agreement that formed the joint fire department.
Under that joint agreement, the township contributed $276,000 in cash and new fire equipment and the village contributed the ‘fire protection assets presently at its disposal.?
‘Nothing said (the station) was solely-owned? by either the village or township, LeRoy said, noting the agreement called for 50/50 ownership of all fire department assets. ‘Nothing said (the station) wasn’t conveyed in the transfer of assets.?
LeRoy said he has ‘no doubt? that at least 2,250-square-feet of the old fire hall is owned by OPFEC because that’s the size of the addition constructed between fall 1995 and winter 1996.
The chief said the station addition was paid for out the fire budget’s fund balances in 1995 and 1996.