The town of Cato's decision to contract with the Meridian Fire Department for emergency services despite concerns from some residents that a better offer was available, was upheld in Cayuga County Supreme Court on Tuesday.

After listening to arguments from the town and two residents who challenged the legality of the contract, Supreme Court Judge Mark Fandrich said that while he understood the residents' concerns regarding the discrepancy in services that were offered in the contracts from the Jordan, Cato and Meridian departments, there was no evidence that the residents in the town's District No. 1 fire zone would suffer as a result of the decision or that the town voted in bad faith.

When the town received the contract offers from the departments on Oct. 7, the board voted 3-1 to accept Meridian's offer despite some public concern that they were paying $9,000 more for a smaller department. The larger Cato Fire Department offered a $31,000 contract.

During the hearing, attorney Adam Van Buskirk argued on behalf of the plaintiffs, former town board member Ronald L. Dennison, of Route 176, and Michael Grant, of Dugar Road, that the town board's decision to go with the understaffed department, which only has three interior firefighters, put residents at risk of injury.

According to Occupational Safety and Health Administration guidelines, a department is required to have four certified interior fire fighters on scene before they can enter a building. The first two members are sent inside while the second pair remain outside to go in and rescue the first two fire fighters if they were trapped.

"They are a volunteer fire department. On any given day, Meridian could have three, two, one or zero interior fire fighters," Van Buskirk said. "If (a resident's) home were on fire and their family was in the building, by law, responding fire fighters from Meridian will not be allowed to go in and save them."

With 36 certified interior fire fighters in Jordan and 22 in Cato, Van Buskirk said those two departments would always have enough people to enter a building.

Town attorney Ron Carr said that the board would not have offered the contract if it endangered the residents, and that Meridian was picked because it was the only department in the geographical area that needed to be covered.

"They will have a more expedited response to both fires and medical emergencies," Carr said. "Those are both items that are covered under their contract. Additionally, each department is supported by mutual aid network from the surrounding departments."