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Fla. volunteer fire department, commission settle lawsuit

The fire department will drop its suit against the county in exchange for $125,000; the county’s revocation of the department’s ability to respond remains in place

By Teresa Stepzinski
The Florida Times-Union

GREEN COVE SPRINGS, Fla. — The Clay County Commission unanimously approved a settlement ending a bitter dispute with the Keystone Heights Volunteer Fire Department rooted in the county’s revocation of the department’s credentials to operate as a volunteer fire service under county sponsorship in 2013.

When it revoked the volunteer fire department’s credentials, the commission also terminated a lease that allowed career Clay County Fire Rescue personnel stationed in Keystone Heights to live in a building owned by the Keystone Heights Volunteer Fire Department. The volunteer department subsequently sued the county asserting it breached the lease agreement including reneging on a provision to renovate a second Keystone Heights Fire Department building.

The two sides hammered out a settlement during a Jan. 21 mediation conference. On Feb. 9, the commission approved the settlement, which previously had been ratified by the board of directors for the Keystone Heights Volunteer Fire Department.

“I think this is probably a fair and reasonable solution of a difficult problem,” County Attorney Mark Scruby told commissioners.

Volunteer fire department leaders couldn’t be reached for comment following the decision.

The county will pay $125,000 to the Keystone Heights Volunteer Fire Department. That includes $120,000 for past and future rent of the quarters housing county Fire Rescue personnel at 135 Flamingo St., and use of a nearby facility to park county fire apparatus. The new lease for county use of those two properties extends through Feb. 28, 2018, according to the settlement.

The county also will reimburse the volunteer department $5,000 for air packs it previously exchanged for more modern one obtained by the county via a grant, the settlement states.

In exchange, the volunteer department will dismiss its lawsuit against the county.

However, the settlement doesn’t restore Keystone Heights’ credentials to operate as a volunteer fire department under the county’s sponsorship.

The revocation meant the Keystone Heights Volunteer Fire Department lost its authority to provide emergency services in the county. So, fire and rescue protection for the Keystone Heights area fell solely to county fire rescue personnel.

Established in 1925, the Keystone Heights department was Clay’s only volunteer fire and rescue service.

At the time of the revocation, it had about 42 active firefighters and support staff, none of whom were paid. The volunteer department, which supplied its own fire vehicles and equipment, protected about 45 square miles populated by roughly 14,400 residents in the Keystone Heights area

The revocation culminated from a long-simmering dispute.

The Keystone Heights department wanted to remain independent. It refused to sign a contract conceding to Clay County oversight and conforming to its regulations, procedures and policies.

Other factors included a dispute about overtime pay and discipline for county-employed firefighters who also volunteer with the Keystone Heights department, and disagreement over provisions of the old lease detailing county use and renovations to the Keystone facilities.

At that time, the other Clay volunteer fire departments had come under county oversight. The commission insisted that was necessary because the county is responsible and liable for providing emergency services within its boundaries.

County Manager Stephanie Kopelousos told the commission at that time the Keystone Heights department had ignored county Fire Chief Lorin Mock’s directives involving the chain of command, deployment of fire trucks and reporting their response. Obeying the directives is essential to ensure proper response and protection to the rest of the area, she said.

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(c)2016 The Florida Times-Union (Jacksonville, Fla.)

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