FLY CREEK - According to several of the state agencies contacted by Otsego town supervisor Tom Breiten, the Fly Creek fire district board of commissioners is still a functional board.

Try telling that to the residents of Fly Creek.

"I don't think it is an exaggeration to say that what we have in Fly Creek right now is a kind of low key, local state of emergency," said resident Jim Atwell following the Aug. 10 fire district board meeting. "We have a fire board with vacancies on it and a group of two members of the three unwilling to move forward. This after missing the meeting completely last month. I think this is dereliction of duty."

"I called everybody I could think of to call," Breiten said. He said he called the governor's office, the Department of State, the Association of Fire Commissioners and a host of other state agencies. Those that got back to him said the town of Otsego couldn't do anything because it was a separate jurisdiction.

"As long as they've got three fire commissioners, there's not much that can be done," he said.

The inquiries by Breiten and comments from Atwell came after a short fire district board meeting during which two of the board members and the board secretary abruptly left, following a 2-1 vote in favor of adjournment. According to New York state law, approval of any measure requires a unanimous vote when the quorum is only three members

"When you only have three on the board, then all three of you have to vote to pass something, because otherwise it fails," said Otsego town attorney Margaret McGown.

Following the meeting scheduled for July 13 in which two out of the three remaining commissioners failed to show, the approximately fifty residents who showed for the August meeting didn't know what to expect.

Shortly after 7 p.m., the two commissioners and secretary who did not show up to the July meeting—Dean Colby, Julie Pernat and Yvonne Colby—arrived. A few minutes later, state trooper Mike Garrett showed up. A state trooper was also present at the meeting in June

After a few minutes of tense silence, the meeting began with Pernat appointed as the chairperson. She started off by paying the bills.

"That's a very pressing and important issue," Pernat said.

After the bills were being paid, commissioner Mark Weir asked Yvonne Colby why he had not received any minutes for the last few meetings and why the commissioners were not being notified of events.

"You're paid $1,000 a year to be our secretary and your jobs is to take care of these and notify each and every commissioner if there is something that comes up," Weir said.

"My job is to notify the chairman, that's the way it's been for the last eight years," Colby said. She also said Weir did not ask for last month's minutes, to which Weir replied that he wanted it on record that he was requesting a copy of the minutes after every meeting.

The board then addressed the resignations of Patty Pernat and Patricia Rhyde. Julie Pernat read from two letters sent in by the former commissioners. Patty Pernat's was dated June 9 and Rhyde's dated June 20. Both resignations were accepted unanimously and without discussion.

After a few moments of no discussion, Dean Colby motioned to adjourn the meeting, at which point several members of the audience began to grumble. Pernat seconded and Yvonne Colby took a quick vote which failed 2-1.

As Weir tried to explain New York state law required a unanimous vote, Dean Colby, Yvonne Colby and Julie Pernat quickly exited the room.

"The meeting is not adjourned," Weir stated as they got up to leave.

"This is absolutely pathetic," said treasurer Betty Staffin.

Numerous members of the crowd shouted at the exiting board members to no avail.

Some of the statements included "No public comment?" "Total imbeciles," and "We didn't expect anything less."

Following their exit, the crowd, Weir, fire district lawyer Andrew Puritz and members of the fire department including chief George Chandler remained and began discussing the situation.

"As far as I'm concerned, the meeting is not over," Weir said. He asked Puritz to comment on the situation and showed him the materials.

Puritz talked for a while and said he couldn't discuss issues regarding the possible appointment of replacement commissioners because of confidentiality issues.

"If the client wants to disclose confidential matters, that's up to the client," Puritz said. He asked Weir to consult with Colby and Pernat about this.

"A public board has now acted and I think the public is entitled to some answers as to what's going to happen with this district," said Dave Butler, a Fly Creek resident and former fire commissioner. Puritz said he respected what Butler was saying, but had to make sure he was respecting his client's confidentiality.

The members of the audience went on to discuss their options, which was when Atwell called the situation a "low-key, local state of emergency." He suggested it was time to go the town of Otsego with their concerns.

"The firemen deserve better than that and the public deserves better than that," Atwell said. "It's important to remember there are two sets of aggrieved parties. One is the general public. But the other is the fire department. We've got a bunch of fire men who have given very fine service to the community on a number of occasions. They deserve far better representation."

Before departing for the town board meeting, Puritz suggested Weir spend some time before the next meeting working with Colby and Pernat coming up with an agenda of questions that need to be addressed before they can adjourn. He said one item on that agenda should be holding a special election to fill the vacancies left by the resignations.

"Somebody else already has an agenda when they walk out of here," said Mike Staffin, treasurer Betty Staffin's husband.

"Those two that walked out control this district," said Fly Creek fire district resident John Phillips.

Puritz said this was one reason why it would be preferable to hold a special election, as opposed to having the commissioners appoint replacements.

The majority of the crowd then walked less than a quarter of a mile down the road to the Otsego town board meeting to air their grievances about the fire district. Although the public comment period of the meeting had ended, the town board reopened it.

"Seems like you're probably here for a specific reason," Breiten said.

Atwell then summarized the meeting which had just taken place and asked if the town would contact the governor's office about appointing replacement commissioners.

"We have essentially a non-functioning board," he said

Breiten said it was a "reasonable request" and he would start making calls the next morning. He said they had been watching the situation since it began developing

"My bigger concern is to get things straightened out to have a fair election in December," Breiten said. "Just a few more months and I think we'll get the thing straightened out."

Breiten said the election is held in early December and will be a special election since two board positions are vacant, in addition to the seat held by Dean Colby which is up for re-election. Fire commissioners are elected for terms of five years, and the two who fill the vacant positions would serve the remaining time of those terms.

"The bottom line is there's an election in December for everyone to remember," Weir said.

In other news:

• Donna Mulford, a member of the department's auxiliary unit, said at the town board meeting that Weir and George Chandler had almost come to blows. She said she asked the state trooper to intervene.

Chandler and Weir both acknowledged there was an altercation, but they gave differing accounts of what transpired.

Chandler said the dispute was over comments made by Weir which implied the fire department had something to do with setting up the meeting's early end.

"The fire department had nothing to do with it and we resent the implication that we did," Chandler said. "I was right up against him and screamed in his face." He said he did not push Weir with his hands, only with his body and that Weir responded by pushing Chandler back.

Weir disputed that claim.

"Mr. Chandler got mad and decided to push me with his belly," he said. "I did not push him."

• Weir authorized Betty Staffin to pay a bill for Puritz's services. Weir said that bill didn't make it down the line when the other bills were being paid. He said he wanted to make it clear to the public that he was the only one signing off on that bill, as the other commissioners had left by that point. It had been quite some time since he had been paid, Weir said.

"This represents about six months of work," Puritz said.

• Breiten called Butch Jones, head of Otsego County emergency services, to ask about putting Fly Creek on automatic mutual aid. Doing so would notify area fire departments including Cooperstown any time there was a call.

When asked about whether or not the Fly Creek fire department was going to be able to respond to calls, chief Chandler said "with everybody that's available."

"We have no intention of not responding to any calls," Chandler said. He said after the meeting, a fireman who had joined the department about a year ago quit. "He's the first one who literally quit." He said two others had written letters of resignation but had been convinced to not resign.

"We're good people," said his son Chris Chandler after the meeting. "The public's getting a bad image. We're not the kind of people they're making us out to be. We've done a lot for this town."

George Chandler said he was also upset that at the meeting, he had not been asked any questions. He said he told Weir he was willing to address anything he had to ask him, but had never been asked.

• One of the things Breiten inquired about when talking to the various state agencies regarded the budget Fly Creek fire district budget due Sept. 20.

"I was hopeful that we could just use last year's if they didn't get one in," he said. "But ff they don't hand us a budget, the town can't collect the taxes."