The Lehigh Acres Board of Fire Commissioners continues its work today with just four members.

At the board’s regularly scheduled December 27 meeting, the four commissioners voted to defer filling the vacancy left by the November 29, 2011 death of Commissioner Kevin Shea following a massive stroke.

While the decision creates the possibility for impasses in decision-making should a board vote result in a two-to-two tie, Board Chairman Jeff Berndt said, “I don’t think it will be a problem going forward. I think we’ll be able to talk it through as an informational and educational thing and to move forward.”

At the meeting, the board’s attorney, Richard Pringle, advised the board that it may fill the vacancy. However, under Florida Law it is a “permissive act and filling the vacancy is not mandatory,” Pringle said.

Pringle also said February is the earliest a replacement for Shea could be seated given the requirements for public notice, deliberation by the board, and swearing in a replacement. That seat would be up for election in November 2012 nine months after seating the replacement.

Fire District Liability for Community Emergency Response Team (CERT)

The Commissioners expressed concern that the “CERT law” may not protect the Fire District from liability during CERT training and operations. During the discussions, the issue of funding CERT training and operations was raised.

According to Pringle, the Fire District is covered by sovereign immunity limiting its liability to $200,000. In addition, Pringle said the District has good insurance and adequate coverage in place.

Pringle added that if the Board chose to separate itself from the CERT program, to reduce, the CERT could establish itself as a 501(c)(3) non-profit agency. As a 501(c)(3), the CERT could purchase liability and other insurance coverage as a non-profit agency.

If the commissioners decide to keep the CERT program as a part of the District, Pringle recommended the establishment of policies and procedures and the fire chief manage the program to reduce liability exposures.

The Commissioners voted to table consideration of severing ties with the CERT program until the January 24 meeting, because Pringle needed more time to research the effect of ending the program on the District’s $6,750 CERT grant it received from the Federal government.

Firehouse Software to Come Online

The Board inquired about the status of bringing the “Firehouse software” online. According to Assistant Chief and Fire Marshal Ken Bennett, the software should be operational for training purposes by January 1 and fully operational by February 1, 2012.

Bennett said Firehouse tracks patient care and incident reporting statistics required by the Federal government.

Insurance to Reimburse District for Ruined Bunker Gear

Fire Chief Don Adams reported the District’s underwriter has agreed to pay for the replacement of 23 sets of bunker gear ruined fighting the “warehouse fire” on July 10-11, 2011. Each set of gear costs about $1500 meaning the District will be reimbursed approximately $34,500.

After the formal meeting was adjourned and in response to a question regarding the District’s Federal Staffing for Adequate Fire and Emergency Response SAFER Grant slated to expire in August 2012, Board Chairperson Berndt said, “I think it would be foolish not to pursue a SAFER Grant if we can live within the parameters of the SAFER Grant.” Berndt added, “We have stated on more than one occasion that we’re willing to continually apply for the SAFER Grant.”

Congress appropriated $742 billion to continue the SAFER Grant program, but application guidelines and requirements have yet to be published.

CAPTION FOR PHOTO AT RIGHT: The remaining four fire board commissioiners are from left to right, David Adams, Larry Becker, Jeff Berndt and Linda Carter. The board voted to leave the late Kevin Shea’s Seat 5 empty until the next election, RICK RAMOS