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August 20, 2002Fire dispute continues to smolder- Antrim County's Star and Chestonia townships are still battling over what was once a joint fire departmentBy KEITH MATHENYRecord-Eagle staff writer ALBA - As recently as last year, if firefighters were needed in Star Township, the Star-Chestonia department would arrive. And, through a mutual aid agreement, the nearby Mancelona Fire Department would, too. Today, the same Antrim County departments would respond to a fire, but they might bring their lawyers along. It's a result of ongoing conflicts and dysfunction between Star and Chestonia townships over what both once considered "their" department. Star Township officials no longer recognize the Star-Chestonia department. They claim they have dissolved their fire agreement with Chestonia Township, and have contracted with nearby Mancelona to handle fire runs. Chestonia officials maintain the fire agreement is still valid. The result is a fire department Star officials say doesn't or shouldn't exist, continuing to fight fires in Star Township. And Star now pays a Mancelona department to fight fires that it used to help fight for free. "It's really goofy. I guess that's bullheadedness," said Lester Turner, an attorney representing Chestonia and the fire board in ongoing litigation against Star Township as it seeks to dissolve the joint fire department. More outrageous, says Star attorney Joel Edwards, is that the fire board has spent $18,000 on legal bills fighting one of the townships that formed it. He noted that two-thirds of the fire board's funding came from Star residents, meaning residents there are paying most of the legal bills for a group in a lawsuit against their own township government. "I think it's terrible," Edwards said. "Those funds are supposed to be going for fire protection." A management squabble, unsubstantiated allegations of theft against firefighters and personality clashes culminated in the firing of the Star-Chestonia fire chief and the subsequent walkout of 15 experienced firefighters last December. Since then, recall attempts for five officials in the two townships were filed, as well as Star's lawsuit to dissolve the department. "It's just a sad situation that it's still going on," said Kevin Giar, owner of Giar and Sons Equipment Inc., a Star Township business. "Thank God we've had no severe tragedies," Giar said. "The quicker it can be resolved, the better for everybody." Star Township decided to go it alone for fire protection in April, after the Alba fire board hired a new chief for the department, fired its previous attorney and hired Harbor Springs attorney Lester Turner at $225 an hour. The two townships had agreed to disband and restructure the fire board. Star Supervisor Arlen Turner, no relation to Lester, said in April that Star officials were under the impression the former fire board would remain inactive until a new one was implemented. A summary disposition hearing is scheduled for Sept. 9 in Antrim County Circuit Court, at which Star Township will ask a judge to rule that the 1999 agreement under which the two townships were operating a fire department is invalid. Under the agreement, both townships had to unanimously decide to disband the joint department. "One township could theoretically, and realistically, hold the other hostage for eternity," said Edwards. "There's a body of law in the state of Michigan stating every partnership is dissolvable - marriages, business and governmental partnerships," he said. A majority on the Star board would like to move ahead with the township's own department, according to Edwards. Regardless of what occurs in the Sept. 9 summary disposition hearing, both attorneys and representatives from both townships will meet in a mediation session on Sept. 11 in an attempt to resolve various issues. If a dissolution of the partnership is allowed, a third party will have to determine how to divide the department's equipment, assets and debts, Edwards said. It doesn't make financial sense for either township to strike out on its own, given their small populations and proximity, Lester Turner said. Star's effort to seek an independent department is "wasting time and money," he said. "These two have had a cooperative fire department since the 1940s," he said. "This is silly." |
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